Download or read book Democracy s Discontent written by Michael J. Sandel and published by Harvard University Press. This book was released on 1998-02-06 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: On American democracy

Download or read book Mere Civility written by Teresa M. Bejan and published by Harvard University Press. This book was released on 2017-01-02 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Statesman Best Book of the Year A Church Times Book of the Year We are facing a crisis of civility, a war of words polluting our public sphere. In liberal democracies committed to tolerating active, often heated disagreement, the loss of this virtue appears critical. Most modern appeals to civility follow arguments by Hobbes or Locke by proposing to suppress disagreement or exclude views we deem “uncivil” for the sake of social harmony. By comparison, mere civility—a grudging conformity to norms of respectful behavior—as defended by Rhode Island’s founder, Roger Williams, might seem minimal and unappealing. Yet Teresa Bejan argues that Williams’s outlook offers a promising path forward in confronting our own crisis, one that challenges our fundamental assumptions about what a tolerant—and civil—society should look like. “Penetrating and sophisticated.” —James Ryerson, New York Times Book Review “Would that more of us might learn to look into the past with such gravity and humility. We might end up with a more (or mere) civil society, yet.” —Los Angeles Review of Books “A deeply admirable book: original, persuasive, witty, and eloquent.” —Jacob T. Levy, Review of Politics “A terrific book—learned, vigorous, and challenging.” —Alison McQueen, Stanford University

Download or read book Equality written by Bob Hepple and published by Bloomsbury Publishing. This book was released on 2014-10-16 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this widely-acclaimed book about the Equality Act 2010 by one of its leading architects brings forward the story of how and why this historic legislation was enacted and what it means, to cover the first four years of its implementation by the Coalition Government and in the courts. This includes an assessment of amendments to the legislation, the reduction in the powers and budget of the Equality and Human Rights Commission and the imposition of tribunal fees, as well as a discussion of possible future directions of equality law and policy. From the Foreword to the first edition by Lord Lester of Herne Hill QC 'This is no ordinary law book, and its author is no ordinary lawyer. The book, like the Equality Act 2010 which it describes and discusses, is a major landmark in the long struggle for effective legal protection of equal rights and equal treatment without direct or indirect discrimination. It places the law in its political, economic and social context and traces its often contested and controversial legal history...'.

Download or read book Education Law written by Derek Black and published by Aspen Publishing. This book was released on 2021-01-31 with total page 1356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual

Download or read book Equality in Education Law and Policy 1954 2010 written by Benjamin M. Superfine and published by Cambridge University Press. This book was released on 2013-03-11 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how the concept of equality in education law and policy has transformed from Brown v. Board of Education through the Stimulus.

Download or read book Equality Responsibility and the Law written by Arthur Ripstein and published by Cambridge University Press. This book was released on 2001-03-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.

Download or read book Reconceptualising European Equality Law written by Johanna Croon-Gestefeld and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous research allows the author to argue for a reconceptualised equality doctrine. Such an adaptation, the author argues, will provide judges, practitioners and academics with the tools to balance institutional considerations against substantive interpretation. Theoretically ambitious, while grounded in practical application, this is a significant restatement of one of the key principles of European law: the equality doctrine.

Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

Download or read book Equality and Non discrimination written by Jane F. Adolphe and published by Wipf and Stock Publishers. This book was released on 2019-04-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores ways of understanding equality and non-discrimination. Drawing on the timeless logic of realist philosophy, Catholic morality, and Catholic social teaching, the authors seek to provide intellectual clarity on many controversial questions. The contributors are lawyers, philosophers, and theologians who offer rich insights into the modern crisis of social thought on equality. They examine various global assaults on human life, marriage, the family, and the natural dignity of masculinity and femininity. They seek to uphold the essential foundations of reality for the attainment of the common good. The contributors attempt to move beyond a positivist mentality in order to evaluate the first principles of the natural law in which all human law is grounded. The various chapters evaluate developments and application of theories of equality and non-discrimination in the history of Western thought; in modern European practice; in contemporary inter-American practice; in the Asian setting; in the Middle East and North Africa; and in the Catholic canon law tradition. The authors strive to restore a universally valid conception of equality and non-discrimination as understood within the Catholic tradition.

Download or read book Philosophical Foundations of the Law of Equity written by Dennis Klimchuk and published by Oxford University Press. This book was released on 2020-04-02 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Download or read book Butterfly Politics written by Catharine A. MacKinnon and published by Belknap Press. This book was released on 2019-04-02 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Sometimes ideas change the world. This astonishing, miraculous, shattering, inspiring book captures the origins and the arc of the movement for sex equality. It’s a book whose time has come—always, but perhaps now more than ever.” —Cass Sunstein, coauthor of Nudge Under certain conditions, small simple actions can produce large and complex “butterfly effects.” Butterfly Politics shows how Catharine A. MacKinnon turned discrimination law into an effective tool against sexual abuse—grounding and predicting the worldwide #MeToo movement—and proposes concrete steps that could have further butterfly effects on women’s rights. Thirty years after she won the U.S. Supreme Court case establishing sexual harassment as illegal, this timely collection of her previously unpublished interventions on consent, rape, and the politics of gender equality captures in action the creative and transformative activism of an icon. “MacKinnon adapts a concept from chaos theory in which the tiny motion of a butterfly’s wings can trigger a tornado half a world away. Under the right conditions, she posits, small actions can produce major social transformations.” —New York Times “MacKinnon [is] radical, passionate, incorruptible and a beautiful literary stylist... Butterfly Politics is a devastating salvo fired in the gender wars... This book has a single overriding aim: to effect global change in the pursuit of equality.” —The Australian “Sexual Harassment of Working Women was a revelation. It showed how this anti-discrimination law—Title VII—could be used as a tool... It was the beginning of a field that didn’t exist until then.” —U.S. Supreme Court Justice Ruth Bader Ginsburg

Download or read book Constituting Equality written by Susan H. Williams and published by Cambridge University Press. This book was released on 2009-07-31 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.

Download or read book The Principle of Equality in EU Law written by Lucia Serena Rossi and published by Springer. This book was released on 2017-11-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and updated legal analysis of the equality principle in EU law. To this end, it argues for a broad definition of the principle, which includes not only its inter-individual dimension, but also the equality of the Member States before the EU Treaties. The book presents a collection of high-quality academic and expert contributions, which, in light of the most recent developments in implementing the post-Lisbon legal framework, reflect the current interpretation of the equality principle, examining its performance in practice with a view to suggesting possible solutions in order to overcome recurring problems. To this end the volume is divided into three Parts, the first of which addresses a peculiar aspect of the EU equality that is mostly overlooked in the investigations devoted to this topic, namely, equality among States. Part II shifts to the inter-individual dimension of equality and explores some major developments contributing to (re)shaping the global framework of EU anti-discrimination law, while Part III undertakes a more practical investigation devoted to the substantive strands of that area of EU law.

Download or read book Advancing Equality written by Jody Heymann and published by University 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.

Download or read book Discrimination Copyright and Equality written by Paul Harpur and published by Cambridge University Press. This book was released on 2017-04-03 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: While equality laws operate to enable access to information, these laws have limited power over the overriding impact of market forces and copyright laws that focus on restricting access to information. Technology now creates opportunities for everyone in the world, regardless of their abilities or disabilities, to be able to access the written word – yet the print disabled are denied reading equality, and have their access to information limited by laws protecting the mainstream use and consumption of information. The Convention on the Rights of Persons with Disabilities and the World Intellectual Property Organization's Marrakesh Treaty have swept in a new legal paradigm. This book contributes to disability rights scholarship, and builds on ideas of digital equality and rights to access in its analysis of domestic disability anti-discrimination, civil rights, human rights, constitutional rights, copyright and other equality measures that promote and hinder reading equality.

Download or read book Equality and Discrimination Law in Australia An Introduction written by Beth Gaze and published by Cambridge University Press. This book was released on 2016-11-24 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality and Discrimination Law in Australia: An Introduction adopts a groundbreaking approach in its delivery of equality and discrimination law principles. It analyses equality as a goal of the law, and acknowledges that to prevent discrimination modern laws must challenge the beliefs, practices, systems and structures that enable it.

Download or read book Equality and Transparency written by D. Sabbagh and published by Springer. This book was released on 2007-08-20 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can affirmative action policies be convincingly justified? And how have they been legitimized over time? In a pluridisciplinary perspective at the intersection of political theory and the sociology of law, Daniel Sabbagh criticizes the two prevailing justifications put forward in favor of affirmative action: the corrective justice argument and the diversity argument.He defends the policy instead as an instrument designed to bring about the deracialization of American society. In this respect, however, affirmative action requires a measure of dissimulation in order to succeed.Equality and Transparency explains why this is so and provides a new interpretation of the strategic component in the Supreme Court's case law while identifying some of its most remarkable side effects.