Download or read book Scientific Evidence and Equal Protection of the Law written by Angelo N Ancheta and published by Rutgers University Press. This book was released on 2006-02-02 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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: 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 Laboratory of Justice written by David L. Faigman and published by Macmillan. This book was released on 2005-05-01 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor
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 The Use of Social Science the Constitution and the Rule of Law written by Stephen Daniels and published by . This book was released on 1978 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 No Equal Justice written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
Download or read book The Mistaken Assumption of Intentionality in Equal Protection Law written by Margaret L. Richardson and published by . This book was released on 2005 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Equal Protection Law Beyond the Reign of Two tiered hegemony written by Thomas E. Scanlon and published by . This book was released on 1991 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contemporary Cases in Women s Rights written by Leslie Friedman Goldstein and published by Univ of Wisconsin Press. This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Socialists and Evolutionary Thought, 1870-1920 demonstrates how evolutionary theories fundamentally shaped, and ultimately undercut, the American socialist movement. Mark Pittenger examines the attempts of radicals in the late 19th and early 20th centuries to synthesise the evolutionary ideas of Charles Darwin and Herbert Spencer with socialist philosophy, social theory and political practice. In contrast to authors who have shown the influence of Darwinism on conservative and progressive political ideologies, Pittenger establishes that radicals also took scientific ideas seriously and wanted to link the public fascination with evolution to their own cause.
Download or read book The Supreme Court and Social Science written by Paul L. Rosen and published by Urbana: University of Illinois Press. This book was released on 1972 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book John Paul Stevens and the Constitution written by Robert Sickels and published by Penn State Press. This book was released on 1990-10-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and his opinions on the federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees (broadly, due process) of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here.
Download or read book Law and the Legal System written by Thomas R. Van Dervort and published by Aspen Publishing. This book was released on 2015-01-30 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed to teach the basics needed to prepare students for any role in the legal system, Law and the Legal System engages students through the use of examples and practical applications of legal principles. Whether they are interested in pursuing legal careers as lawyers or paralegals, or political science careers, or criminal justice interests, students are provided a basic understanding of the law and how to find it. Mock trial experiences are encouraged, and each chapter involves the student in exercises that review understanding of legal terms and concepts. Six cases in an appendix illustrate basic concepts, and hypothetical cases showcase the inner workings of the judicial system in both criminal and civil cases. Internet sources, key terms, case excerpts, research assignments, review exercises and discussion questions help students reinforce the key concepts in each chapter, and suggested activities engage students in discovery projects. Thoroughly updated, the revised Third Edition expands coverage with new chapters on Legal Research and Writing, Tort Law, Contract Law, Family Law, Employment Law, and Equal Protection Law. Careful updating of information throughout the book includes refreshed Internet references to the text. Hallmark features of An Introduction to Law and Legal Studies in the United States: Solid overview of the system of law and government Readability, accessibility Provides the basics for any role in the legal system lawyer or paralegal career political science or criminal justice work Practical applications to engage students with legal principles mock trial experiences encouraged chapter exercises review legal terms and concepts activities engage students in discovery projects Five part structure, comprehensive coverage Basic Legal Concepts Substantive Civil Law Civil Law Procedure Criminal Law Procedure Administrative Due Process Six cases illustrate major basic concepts Explains difficult legal concepts in a reader-friendly format Hypothetical cases reveal workings of judicial system in both criminal and civil cases Differentiates civil, criminal, and administrative due process Discusses history as well as contemporary state of law and current controversies Pedagogically rich Internet sources key terms case excerpts research assignments review exercises discussion questions Thoroughly updated, the revised Third Edition presents: New chapters Legal Research and Writing Tort Law Contract Law Family Law Employment Law Equal Protection Law Updated Internet references New material, brought completely up-to-date
Download or read book The Constitutional Underclass written by Evan Gerstmann and published by University of Chicago Press. This book was released on 1999-04 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.
