Download or read book Affirmative Action Policies and Judicial Review Worldwide written by George Gerapetritis and published by Springer. This book was released on 2015-08-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.

Download or read book Affirmative Action written by Julio Faúndez and published by International Labour Organization. This book was released on 1994 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Goals and timetables

Download or read book Affirmative Action written by Ockert Dupper and published by AFRICAN SUN MeDIA. This book was released on 2014-12-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative Action: A View from the Global South provides insight into a range of aspects of the affirmative action policies in seven countries from Africa, Asia, South America and the Middle East. In addition to these national perspectives, important theoretical concepts and international developments on affirmative action are explored.

Download or read book Affirmative Action Around the World written by Thomas Sowell and published by Yale University Press. This book was released on 2004-01-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution's design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America's territorial acquisitions - including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars - resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often strange paths that constitutional law has travelled to permit such deviations from the Constitution's original meaning.

Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Download or read book Social Systems Theory and Judicial Review written by Katayoun Baghai and published by Routledge. This book was released on 2016-03-03 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.

Download or read book Judicial Review in an Age of Moral Pluralism written by Ronald C. Den Otter and published by Cambridge University Press. This book was released on 2009-08-31 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.

Download or read book The Bakke Case written by Rebecca Stefoff and published by Marshall Cavendish. This book was released on 2006 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact and ramifications of cases argued before the Supreme Court are felt for decades, if not centuries. Only the most important issues of the day and the land make it to the nine justices, and the effects of their decisions reach far beyond the litigants. Under discussion here are five of the most momentous Supreme Court cases ever. They include Marbury v. Madison, Roe v. Wade, Dred Scott, Brown v. Board of Education, and The Pentagon Papers. An absorbing exploration of enormously controversial events, the series details, highlights, and clarifies the complex legal arguments of both sides. Placing the cases within their historical context (though they ultimately emerge as works in progress), the authors reveal each decision's relevance both to the past and the present. the result is a fascinating glimpse across the centuries into the workings of the Supreme Court and the American judicial system.

Download or read book The Judicial Defense for Affirmative Action Measures written by Sibusiso Blessing Mbutho and published by . This book was released on 2015 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Affirmative Action and Justice written by Michel Rosenfeld and published by Yale University Press. This book was released on 1991-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Michel Rosenfeld provides virtually the first interdisciplinary analysis of affirmative action. Rosenfeld offers a critical examination of the major existing philosophical and constitutional theories on affirmative action and elaborates a new theory that strongly defends the justice of affirmative action from both the standpoint of both philosophy and constitutional law.

Download or read book The Michigan Affirmative Action Cases written by Barbara Ann Perry and published by . This book was released on 2007 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling look at the two closely-linked--and controversial--2003 Supreme Court decisions that revisited the practice and constitutionality of affirmative action at the college level. The result was a divided opinion that neither completely repudiated affirmative action nor completely condoned its practice.

Download or read book Affirmative Action and Justice written by Michel Rosenfeld and published by . This book was released on 1991-01 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Michel Rosenfeld provides virtually the first interdisciplinary analysis of affirmative action. Rosenfeld offers a critical examination of the major existing philosophical and constitutional theories on affirmative action and elaborates a new theory that strongly defends the justice of affirmative action from both the standpoint of both philosophy and constitutional law.

Download or read book Courtroom to Classroom written by Dylan Britton Saul and published by . This book was released on 2015 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctoned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policy making.

Download or read book Handbook of Equality of Opportunity written by Mitja Sardoč and published by Springer Nature. This book was released on with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Black and White Case written by Greg Stohr and published by Bloomberg Press. This book was released on 2004-09-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the late 1990s, two lawsuits by white applicants who had been rejected by the University of Michigan began working their way through the federal court system, aimed at the abolition of racial preferences in college admissions. The stakes were high, the constitutional questions profound, the politics and emotions explosive. It was soon evident that the matter was headed for the highest court in the land, but there all clarity ended. To the plaintiffs and the feisty public-interest law firm that backed them, the suits were a long overdue assault on reverse discrimination. The Constitution, strictly construed, was color-blind. Discrimination under any guise was not only illegal, it was the wrong way to set history right in a nation that had been troubled and divided by the uses and misuses of race for more than two hundred years. To the University of Michigan, and to other top institutions striving to expand opportunity and create diverse, representative student bodies, it looked as if most of what had been put in place since the 1978 Bakke v. University of California decision was about to be undone. Black and Hispanic students were in danger of being once again largely shut out of the most important avenue of advancement in America, an elite education. To some, it appeared likely that racial integration was about to suffer their worst setback since the start of the civil rights movement. In A Black and White Case, veteran Supreme Court reporter Greg Stohr portrays the individual dramas and exposes the human passions that colored and propelled this momentous legal struggle. His fascinating account takes us deep inside America’s court system, where logic collides with emotion, and common sense must contend with the majesty and sometimes the seeming perversity of the law. He follows the trail from Michigan to Washington, DC, revealing how lawyers argued and strategized, how lower-court judges fought behind the scenes for control of the cases, and why the White House filed a brief in support of the white students, in opposition to a chorus of retired generals and admirals worried that the military academies would no longer reflect the face of America. Finally, Stohr details the fallout from the Supreme Court's controversial 2003 ruling that both upheld affirmative action and upended some of the methods that had been used to effect it. And he shows how colleges and universities are reshaping their affirmative action policies--an evolution closely watched by lower courts, employers, civil rights lawyers, legislators, regulators, and the public. A Black and White Case brings alive and brilliantly explains one of the most important Supreme Court decisions on the fundamental and divisive subject of race relations in America.

Download or read book Racing for Innocence written by Jennifer Pierce and published by Stanford University Press. This book was released on 2012-09-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is it that recipients of white privilege deny the role they play in reproducing racial inequality? Racing for Innocence addresses this question by examining the backlash against affirmative action in the late 1980s and early 1990s—just as courts, universities, and other institutions began to end affirmative action programs. This book recounts the stories of elite legal professionals at a large corporation with a federally mandated affirmative action program, as well as the cultural narratives about race, gender, and power in the news media and Hollywood films. Though most white men denied accountability for any racism in the workplace, they recounted ways in which they resisted—whether wittingly or not— incorporating people of color or white women into their workplace lives. Drawing on three different approaches—ethnography, narrative analysis, and fiction—to conceptualize the complexities and ambiguities of race and gender in contemporary America, this book makes an innovative pedagogical tool.

Download or read book Modern Isonomy written by Gerald Stourzh and published by University of Chicago Press. This book was released on 2021-12-03 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce"--