Equal Protection Under Law PDF Download
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Author | : Louis Michael Seidman |
Publisher | : |
Total Pages | : 350 |
Release | : 2003 |
Genre | : Civil rights |
ISBN | : |
Download Constitutional Law Book in PDF, ePub and Kindle
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.
Author | : William D. Araiza |
Publisher | : NYU Press |
Total Pages | : 320 |
Release | : 2016-01-01 |
Genre | : Law |
ISBN | : 1479848999 |
Download Enforcing the Equal Protection Clause Book in PDF, ePub and Kindle
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.
Author | : Hannis Taylor |
Publisher | : |
Total Pages | : 1038 |
Release | : 1917 |
Genre | : Administrative law |
ISBN | : |
Download Due Process of Law and the Equal Protection of the Laws Book in PDF, ePub and Kindle
Author | : Francis Graham Lee |
Publisher | : |
Total Pages | : 0 |
Release | : 2003 |
Genre | : Discrimination |
ISBN | : |
Download Equal Protection Book in PDF, ePub and Kindle
Author | : Tina Fernandes Botts |
Publisher | : Rowman & Littlefield |
Total Pages | : 143 |
Release | : 2018-09-15 |
Genre | : Philosophy |
ISBN | : 1498501249 |
Download For Equals Only Book in PDF, ePub and Kindle
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.
Author | : Anne Richardson Oakes |
Publisher | : Routledge |
Total Pages | : 328 |
Release | : 2016-03-03 |
Genre | : Law |
ISBN | : 1317160061 |
Download Controversies in Equal Protection Cases in America Book in PDF, ePub and Kindle
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.
Author | : Massachusetts. Commission to Compile Information and Data for the Use of the Constitutional Convention |
Publisher | : |
Total Pages | : 32 |
Release | : 1917 |
Genre | : Taxation |
ISBN | : |
Download Classification of Property for Purposes of Taxation Book in PDF, ePub and Kindle
Author | : Judith A. Baer |
Publisher | : Cornell University Press |
Total Pages | : 450 |
Release | : 2018-03-15 |
Genre | : Law |
ISBN | : 1501722751 |
Download Equality under the Constitution Book in PDF, ePub and Kindle
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.
Author | : David J. Bodenhamer |
Publisher | : Oxford University Press, USA |
Total Pages | : 258 |
Release | : 2007 |
Genre | : Language Arts & Disciplines |
ISBN | : 0195325672 |
Download Our Rights Book in PDF, ePub and Kindle
"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Author | : Adam Winkler |
Publisher | : Liveright Publishing |
Total Pages | : 485 |
Release | : 2018-02-27 |
Genre | : Law |
ISBN | : 0871403846 |
Download We the Corporations: How American Businesses Won Their Civil Rights Book in PDF, ePub and Kindle
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.