Download or read book Compensatory Discrimination Under the Perspective of the Equality Clauses of the Constitutions of the United States and India written by Sujatha Ganesan and published by . This book was released on 1990 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Equality and Compensatory Discrimination Under the Indian Constitution written by Jayant Lakshmikant Aparajit and published by . This book was released on 1992 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Even the Children of Strangers written by Donald Wilson Jackson and published by . This book was released on 1992 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jackson unravels the complex meanings of equal protection doctrine and its various interpretations over the last 134 years. After comparing equal protection laws in the U.S. to those in Canada and India and certain provisions of international law, he offers possible ways to resolve apparently intractable conflicts between individualism and affirmative action policies.

Download or read book Legal Reasoning in Equality Interpretation An Analysis of the Indian Constitution written by Harshit Rai and published by GRIN Verlag. This book was released on 2019-09-30 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.

Download or read book Protective discrimination in Indian higher education written by Dhwani Sharma and published by GRIN Verlag. This book was released on 2016-08-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2014 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: NA, Bangalore University / Central College (National Law School of India University Bangalore), course: Ph.D., language: English, abstract: The Indian constitution provided the state to make special provisions for the upliftment of backward classes. Since then, the topic has become debatable. These special provisions promulgated at different space and time have evolved as a preferential policy. The constitutional objective behind this policy is to ensure social justice for disadvantaged sections of people. Unfortunately the political motif has overshadowed the constitutional intent. The notion of justice is essentially apolitical; however, there has been criticism, oppositions and prolonged protests in this regard. These development are not conducive to Indian polity. The preferential policy should contribute to overcome the backwardness rather to create backwardness or hamper advancements of other classes of citizens. This work attempts to perform a cost –benefit, what if analysis in the light of preceding chapters. It also explores complementarities of legal doctrines in India and US. The common area of concerns were identified through covering and addressing questions before law and ideas worth accommodating from US part. Some doctrines are also developed in this regard.

Download or read book Legal Reasoning in Equality Interpretation An Analysis of the Indian Constitution written by Harshit Rai and published by . This book was released on 2019-08-21 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.

Download or read book For Equals Only written by Tina Fernandes Botts and published by Rowman & Littlefield. This book was released on 2018-09-15 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.

Download or read book Path Towards Equality Anti Discrimination Acts Most Important Supreme Court Decisions Against Racism written by U.S. Government and published by e-artnow. This book was released on 2017-02-10 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a unique legal collection comprised of the most important U.S. Civil Rights Acts and Supreme Court decisions considering racial discrimination. Ideals, hopes and dreams of Nat Turner, Dred Scott, Martin Luther King and many other activists who fought for equality, are built in the legislative work presented in this edition. Whether you are a law student or a person interested in civil rights and concerned about equality, "Path Towards Equality" will provide you with insight into one of the most controversial issues of the American society. Table of Contents: Emancipation Proclamation & Gettysburg Address (1863) Thirteenth Amendment to the United States Constitution (1865) Civil Rights Act of 1866 Fourteenth Amendment to the United States Constitution (1868) Reconstruction Acts (1867-1868) Fifteenth Amendment to the United States Constitution (1870) Enforcement Act of 1870 The First Enforcement Act of 1871 (to enforce the rights of citizens of the United States to vote in the several States of this Union) The Second Enforcement Act of 1871 (Ku Klux Klan Act) Civil Rights Act of 1875 Executive Order 9981 (1948) Voting Rights Law of 1965 Executive Order 11246 (1965) Fair Housing Act (1968) United States Code Title 18 Chapter 13 (1968, 1976, 1988, 1994, 2009) The Community Reinvestment Act (1977) Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2007) Case Law: Strauder v. West Virginia (1880) Buchanan v. Warley (1917) Shelley v. Kraemer (1948) Sweatt v. Painter (1950) Brown v. Board of Education (1954) Boynton v. Virginia (1960) Heart of Atlanta Motel Inc. v. United States (1964) Loving v. Virginia (1967) Jones v. Alfred H. Mayer Co. (1968) Regents of the University of California v. Bakke (1978) Batson v. Kentucky (1986)

Download or read book Legislating for Equality written by Talia Naamat and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second volume we turn our attention to the Americas: North America, Latin America, and the Caribbean. During the past decade many American countries amended their constitutions and enacted laws protecting the rights of indigenous people.

Download or read book Reverse Discrimination written by Ralph A. Rossum and published by . This book was released on 1980 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "For over a century, Congress's power to enforce the Fourteenth Amendment's guarantee of "the equal protection of the laws" has presented judges and scholars with a puzzle. What does it mean for Congress to "enforce" such a wide-ranging, open-ended provision when the Supreme Court has insisted on its own superiority in interpreting the Fourteenth Amendment? In Enforcing the Equal Protection Clause, William D. Araiza offers a unique understanding of Congress's enforcement power and its relationship to the Court's claim to supremacy when interpreting the Constitution. Drawing on the history of American thinking about equality in the decades before and after the Civil War, Araiza argues that congressional enforcement and judicial supremacy can co-exist, but only if the Court limits its role to ensuring that enforcement legislation reasonably promotes the core meaning of the Equal Protection Clause. Much of the Court's equal protection jurisprudence stops short of stating such core meaning, thus leaving Congress free (subject to appropriate judicial checks) to enforce the full scope of the constitutional guarantee. Araiza's thesis reconciles the Supreme Court's ultimate role in interpreting the Constitution with Congress's superior capacity to transform the Fourteenth Amendment's majestic principles into living reality. The Fourteenth Amendment's Enforcement Clause raises difficult issues of separation of powers, federalism, and constitutional rights. Araiza illuminates each of these in this scholarly, timely work that is both intellectually rigorous but also accessible to non-specialist readers."--Publisher's description.

Download or read book Competing Equalities written by Marc Galanter and published by Oxford University Press, USA. This book was released on 1984 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a democratic society pursue a policy of compensatory discrimination without forsaking equality or sliding into a system of group quotas? For over thirty years, India has been engaged in a massive effort to integrate "untouchables" and other oppressed peoples into the mainstream of Indian life. This book is the first comprehensive study of the Indian experience with policies of systematic preferential treatment. Galanter includes a discussion of the relation of the courts to public policy in his analysis of the choices and tensions in the Indian policies of compensatory preference.

Download or read book A Comparative Analysis of Emerging Judicial Responses to the Problem of equality and compensatory Discrimination in the U S A and India written by Hem Lall Bhandari and published by . This book was released on 1985 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Reverse Discrimination Controversy written by Robert K. Fullinwider and published by Rowman & Littlefield Pub Incorporated. This book was released on 1980 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: To find more information about Rowman and Littlefield titles, please visit www.rowmanlittlefield.com.

Download or read book Equality Under the Constitution written by Judith A. Baer and published by . This book was released on 1983 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Equality in the American context -- The roots of equal protection -- Equality and the reconstruction congress -- From equal protection to subject classification -- When equal in not the same -- The question of age -- The rights of the disabled -- Gay rights and the courts -- Toward a theory of constitutional equality.

Download or read book Competing Equalities written by Marc Galanter and published by Oxford University Press, USA. This book was released on 2015-01-22 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of a painstakingly researched and remarkably comprehensive book on the Indian experiment with constitutionally sanctioned policies of preferential treatment/ compensatory discrimination/ affirmative action on behalf of the historically oppressed and excluded castes and classes of the country. The policies were meant originally to be transitional arrangements, the nation's ultimate goal being the establishment of a casteless and classless society. The way things turned out however, both caste and class have remained deeply entrenched as legal, administrative, political, and social realities. The book traces the pre - independence history of the developing concern for the 'depressed classes' in the first part of the twentieth century, the debates in the Constituent Assembly, and goes on to a critical analysis of the first thirty years of the constitutional regime of preferential treatment for identified beneficiaries - Scheduled Castes/ Scheduled Tribes/ other Backward Classes - in the fields of legislative representation, employment, education, and government service. The book's special emphasis is on the role of the higher judiciary and its interventions in the course of cases arising from the policy of reservation, as well as the constitutional context of fundamental rights. This edition includes a preface written by the author for the second (paperback) edition published in 1991, following the controversy over the proposal to implement the Mandal Commission Report. It also includes a new introduction summing up the current situation.

Download or read book Non discrimination and Equality in India written by Vidhu Verma and published by Routledge. This book was released on 2011-11-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social Justice is a concept familiar to most Indians but one whose meaning is not always understood as it signifies a variety of government strategies designed to enhance opportunities for underprivileged groups. By tracing the trajectory of social justice from the colonial period to the present, this book examines how it informs ideas, practices and debates on discrimination and disadvantage today. After outlining the historical context for reservations for scheduled castes and scheduled tribes that began under British colonial rule, the book examines the legal and moral strands of demands raised by newer groups since 1990. In addition the book shows how the development of quota policies has been significantly influenced by the nature and operation of democracy in India. It describes the recent proliferation of quota demands for reservations in higher education, private sector and for women and religious minorities in legislative assemblies. The book goes on to argue that while proliferation of demands address unequal incidence of poverty, deprivation and inequalities across social groups and communities, care has to be taken to ensure that existing justifications for quotas for discriminated groups due to caste hierarchies are not undermined. Providing a rich historical background to the subject, the book is a useful contribution to the study on the evolution of multiple conceptions of social justice in contemporary India.