Download or read book Equity and the Constitution written by Gary L. McDowell and published by University of Chicago Press. This book was released on 1982-04 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries? In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.
Download or read book Essays on Constitutional Law and Equity and Other Subjects written by Henry Schofield and published by . This book was released on 1921 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Equity Procedure written by Chrisenberry Lee Bates and published by . This book was released on 1901 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advancing Equality written by Jody Heymann and published by Univ of California Press. This book was released on 2020-01-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.
Download or read book Essays on Constitutional Law and Equity and Other Subjects written by Henry Schofield and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 1070 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schofield, Henry. Essays on Constitutional Law and Equity and Other Subjects. Boston: The Chipman Law Publishing Company, 1921. Two volumes. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001043982. ISBN 1-58477-223-9. Cloth. $195. * In the foreword, John H. Wigmore writes: "The essays here collected are a rich revelation of a genius at once critical and constructive in the highest degree... No modern writer in that field has excelled him-and only one or two have equaled him-in mastery of the entire complex of Federal decisions and in firm grasp of constitutional principles." And of Schofield's style Wigmore raves: "Once entered upon his text the reader is carried along irresistibly by the sheer pleasure of following the reasoning. No modern law writer has a style at once so personal and yet so entirely scientific." Foreword vi, vii. Marke, A Catalogue of the Law Collection at New York University (1953) 402.
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 318 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 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 The Concepts of Freedom and Equality in the American Constitution written by Jan Geisler and published by GRIN Verlag. This book was released on 2008-12 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thesis (M.A.) from the year 2003 in the subject American Studies - Culture and Applied Geography, grade: 1,3, Humboldt-University of Berlin (Philosophische Fakultät II - Institut für Anglistik und Amerikanistik), language: English, abstract: Als 1791 die US-amerikanische Verfassung mit den ersten zehn Zusätzen versehen wurde, stellte einer ihrer wichtigsten Grundsätze die Freiheit des Einzelnen dar. Um die politische Einheit der Bundesstaaten zu erreichen, mußten bereits bei der Ausarbeitung der Verfassung weitreichende Kompromisse eingegangen werden. Sie führten letztlich zum Abspalten der Südstaaten und zu einem Bürgerkrieg. Dessen ursprüngliches Motiv war der Erhalt der Union. Als Resultat formulieren wir heute die Abschaffung der Sklaverei und die Neuordnung der Vereinigten Staaten auf der Basis von neuen Prinzipien, die nicht mehr vordergründig die Freiheit des Einzelnen gegenüber der Regierung betonten, sondern die Gleichheit vor dem Gesetz. An dieser Stelle setzt das Thema meiner Arbeit an. Ziel ist eine Beschreibung der Notwendigkeit eines Paradigmawechsels von Freiheit zu Gleichheit. Vor dem Hintergrund der unterschiedlichen sozialen Situation von Afroamerikanern und Weißen in den Vereinigten Staaten, die, wie gezeigt wird, eine Folge von Sklaverei und Rassentrennung sind, wird das Konzept von Freiheit mit dem Konzept von Gleichheit in Beziehung gesetzt. Das schließt einen Exkurs in die Ideengeschichte dieser Konzepte und der amerikanischen Verfassung ein. Darüber hinaus erfolgt eine Beschreibung der unterschiedlichen Lebenswelten von Weißen und Afroamerikanern damals und heute und eine Analyse der Faktoren, die zu dieser Situation führten. Einen großen Raum der Arbeit nimmt die Herausbildung und Wahrnehmung der Konflikte ein, die sich auf Grund der propagierten Ziele der Revolution und der begrenzten Möglichkeiten zu ihrer Durchsetzung ergaben. Sklaverei wird in diesem Zusammenhang als die Institution beschrieben, die maßgeblich zur Herausbildung und Wahrn
Download or read book Equality Under the Law written by Jeanne Marie Ford and published by Cavendish Square Publishing, LLC. This book was released on 2017-12-15 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our society, laws and rights apply to everyone equally. This book explores what that means, how the Constitution outlines that right, and ways equality can be experienced and upheld in everyday life.
Download or read book Constitutions and Gender written by Helen Irving and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
Download or read book The Quest for Equality written by Robert Jennings Harris and published by Praeger. This book was released on 1977-06-06 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equal Equitable Or Egalitarian written by Gary L. McDowell and published by . This book was released on 1979 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law s Conscience written by Peter Charles Hoffer and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.
Download or read book History of the American Constitutional Or Common Law with Commentary Concerning Equity and Merchant Law written by Dale Pond and published by . This book was released on 1995 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equality and the Law written by Louis A. Warsoff and published by . This book was released on 1938 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of equal rights and due process of the law as based on the Fourteenth amendment of the Constitution.
Download or read book Essays on Constitutional Law and Equity written by Henry Schofield and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing Equality written by Rebecca E Zietlow and published by NYU Press. This book was released on 2006-10 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Enforcing Equality, Rebecca E. Zietlow assesses Congress's historical role in interpreting the Constitution and protecting the individual rights of citizens, provocatively challenging conventional wisdom that courts, not legislatures, are best suited for this role. Specifically focusing on what she calls “rights of belonging”—a set of positive entitlements that are necessary to ensure inclusion, participation, and equal membership in diverse communities—Zietlow examines three historical eras: Reconstruction, the New Deal era, and Civil Rights era of the 1960s. She reveals that in these key periods when rights of belonging were contested and defined, Congress has played the role of protector of rights at least as often as the Supreme Court has adopted this role. Enforcing Equality also engages in a sophisticated theoretical analysis of Congress as a protector of rights, comparing the institutional strengths and weaknesses of Congress and the courts as protectors of the rights of belonging. With the recent new appointments to the Supreme Court and Congressional elections in November 2006, this timely book argues that individual rights are best enforced by the political process because they express the values of our national community, and as such, litigation is no substitute for collective political action.
