Download or read book Constitutional Law written by Louis Michael Seidman and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Download or read book Controversies in Equal Protection Cases in America written by Anne Richardson Oakes and published by Routledge. This book was released on 2016-03-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.
Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by NYU Press. This book was released on 2016-01-01 with total page 320 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.
Download or read book Equal Protection written by David L. Hudson Jr. and published by Bloomsbury Publishing USA. This book was released on 2018-06-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses primary sources to closely examine the Equal Protection Clause of the Fourteenth Amendment and to show how legal interpretations of it have had a profound impact on American life as we know it. The Fourteenth Amendment addresses many aspects of American citizenship, including the rights of citizens. The most commonly used—and frequently litigated—phrase in the amendment is "equal protection of the laws." This phrase has figured prominently in a plethora of landmark cases in U.S. history dealing with a variety of issues, including Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), Bush v. Gore (election recounts), Reed v. Reed (gender discrimination), University of California v. Bakke (racial quotas in college admissions), and Obergefell v. Hodges (gay marriage). This book closely examines the history and development of the Equal Protection Clause and details the many ways in which it has shaped U.S. history. Selections show how the equal protection clause came into being in the post-Civil War era; feature seminal Supreme Court decisions on the nature and extent of applications of the equal protection clause in American life and law through the years; and include documents that consider the impact that the equal protection clause has had and may have on American society in the 21st century.
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 Equal Protection written by Francis Graham Lee and published by Bloomsbury Publishing USA. This book was released on 2003-11-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introductory survey of the government's role in America's continuing drive for equality. Today's lingering inequalities, particularly the "American dilemma" of racism, runs throughout U.S. history. Equal Protection provides readers with a historical overview of the controversies over the issue of equality, an understanding of how government-and, particularly, the courts and Congress-has reacted to these controversies, and the role these issues have played in shaping U.S. society. This volume follows the push for equal treatment regardless of age, gender, disabilities, economic status, or sexual orientation. It focuses on legislation such as the Americans with Disabilities Act, and political initiatives and movements such as The Great Society, the ERA, and the War on Poverty. Here are American's interpretations of equal rights, then and now.
Download or read book Equal Protection written by Robert C. Farrell and published by . This book was released on 2013 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equal Protection, Cases and Materials is a study of the substantive law of equal protection, both under the Fourteenth Amendment as applied against state governments, and under the implied equal protection component of the Fifth Amendment as applied against the federal government. The book focuses on decisions of the United States Supreme Court. It contains carefully edited opinions followed by notes that include explanatory material, commentary, and citations to leading law review articles. The book covers the following topics: rational basis review, racial classifications, the different tiers of review, gender classifications, classifications affecting nonmarital children, classifications of aliens, classifications on the basis of sexual orientation, implied fundamental rights under the Equal Protection Clause, and Congressional power to enforce the Equal Protection Clause. Robert C. Farrell is a graduate of Harvard Law School and has been a member of the faculty at Quinnipiac University School of Law since 1984. He has taught a course on Equal Protection for more than twenty years and has published articles on Equal Protection that have been cited by state Supreme Courts, United States Courts of Appeal, United States District Courts, and in briefs filed in the United States Supreme Court. Alison E. Conroy is a graduate of Quinnipiac University School of Law where she was the Notes & Comments Editor for the Quinnipiac Health Law Journal. She is a member of the Bar of the State of Connecticut and practices law in Fairfield County.
Download or read book Equality under the Constitution written by Judith A. Baer and published by Cornell University Press. This book was released on 2018-03-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.
Download or read book Amendment XIV Equal Protection written by Sylvia Engdahl and published by Greenhaven Publishing LLC. This book was released on 2009-01-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Sylvia Engdahl explores a highly controversial topic, the right to equal protection under the law. This right grants everyone protection, but we haven't always granted it equally. Timely essays in this volume debate school segregation, a woman's right in relation to non-consent pregnancy, an unborn child's rights, the rights of children of illegal immigrants, and gay marriage.
Download or read book Due Process of Law and the Equal Protection of the Laws written by Hannis Taylor and published by . This book was released on 1917 with total page 1038 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equal Protection written by Francis Graham Lee and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scientific Evidence and Equal Protection of the Law written by Angelo N. Ancheta and published by . This book was released on 2006 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Ancheta takes on a profoundly challenging topic of fundamental importance-the interaction of law and social science in the context of controversies over equality-and crafts an elegant presentation that can be appreciated on multiple levels. It is accessible to non-lawyers, but at the same time rich in sophisticated insights for scholars at the frontier. He builds a bridge between intellectual cultures, helping scientists understand how their work is understood and used (or not) by the law, and helping those in law better appreciate the uses and limits of science. This book will be a classic. I wish I could buy stock in it." --Christopher Edley, Jr., Dean and Professor of Law, U.C. Berkeley, Boalt Hall School of Law Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination-but not without controversy. Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state's death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values. Angelo N. Ancheta is an Assistant Professor of Law at the Santa Clara University School of Law. He has practiced civil rights and immigration law in California and has taught at Harvard Law School, New York University School of Law, and UCLA School of Law.
Download or read book Equal Protection written by Robert C. Farrell and published by Vandeplas Pub.. This book was released on 2013-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equal Protection, Cases and Materials is a study of the substantive law of equal protection, both under the Fourteenth Amendment as applied against state governments, and under the implied equal protection component of the Fifth Amendment as applied against the federal government. The book focuses on decisions of the United States Supreme Court. It contains carefully edited opinions followed by notes that include explanatory material, commentary, and citations to leading law review articles. The book covers the following topics: rational basis review, racial classifications, the different tiers of review, gender classifications, classifications affecting nonmarital children, classifications of aliens, classifications on the basis of sexual orientation, implied fundamental rights under the Equal Protection Clause, and Congressional power to enforce the Equal Protection Clause. Robert C. Farrell is a graduate of Harvard Law School and has been a member of the faculty at Quinnipiac University School of Law since 1984. He has taught a course on Equal Protection for more than twenty years and has published articles on Equal Protection that have been cited by state Supreme Courts, United States Courts of Appeal, United States District Courts, and in briefs filed in the United States Supreme Court. Alison E. Conroy is a graduate of Quinnipiac University School of Law where she was the Notes & Comments Editor for the Quinnipiac Health Law Journal. She is a member of the Bar of the State of Connecticut and practices law in Fairfield County.
Download or read book The Equal Protection of the Laws written by Polyvios G. Polyviou and published by London : Duckworth. This book was released on 1980 with total page 759 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Affirmative Action and Equal Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1983 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Requirement for Equal Protection and Equal Treatment Form 05 033 written by Sovereignty Education and Defense Ministry (SEDM) and published by Sovereignty Education and Defense Ministry (SEDM). This book was released on 2020-02-06 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents constraints upon the government in providing equal protection and equal treatment that you can use as evidence in legal proceedings. For reasons why NONE of our materials may legally be censored and violate NO Google policies, see: https://sedm.org/why-our-materials-cannot-legally-be-censored/
Download or read book Recalibrating Reform written by Stuart Chinn and published by Cambridge University Press. This book was released on 2017-03-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most important eras of reform in U.S. history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the postreform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights. Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in postreform recalibration.
