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| Author | : Robert Brian Howe |
| Publisher | : University of Toronto Press |
| Total Pages | : 222 |
| Release | : 2000-01-01 |
| Genre | : Political Science |
| ISBN | : 9780802082633 |
The authors blend public policy analysis, historical research, and legal analysis as they address the contemporary financial, social, legal, and policy pressures currently experienced by human rights commissions across Canada.
| Author | : Judith A. Baer |
| Publisher | : Cornell University Press |
| Total Pages | : 450 |
| Release | : 2018-03-15 |
| Genre | : Law |
| ISBN | : 1501722751 |
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 | : Rebecca E Zietlow |
| Publisher | : NYU Press |
| Total Pages | : 279 |
| Release | : 2006-10 |
| Genre | : Law |
| ISBN | : 0814797075 |
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.
| Author | : Tina Fernandes Botts |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 143 |
| Release | : 2018-09-15 |
| Genre | : Philosophy |
| ISBN | : 1498501249 |
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 |
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 | : Jessica Neuwirth |
| Publisher | : New Press, The |
| Total Pages | : 157 |
| Release | : 2015-01-05 |
| Genre | : Law |
| ISBN | : 1620970481 |
When the Equal Rights Amendment was first passed by Congress in 1972, Richard Nixon was president and All in the Family's Archie Bunker was telling his feisty wife Edith to stifle it. Over the course of the next ten years, an initial wave of enthusiasm led to ratification of the ERA by thirty-five states, just three short of the thirty-eight states needed by the 1982 deadline. Many of the arguments against the ERA that historically stood in the way of ratification have gone the way of bouffant hairdos and Bobby Riggs, and a new Coalition for the ERA was recently set up to bring the experience and wisdom of old-guard activists together with the energy and social media skills of a new-guard generation of women. In a series of short, accessible chapters looking at several key areas of sex discrimination recognized by the Supreme Court, Equal Means Equal tells the story of the legal cases that inform the need for an ERA, along with contemporary cases in which women's rights are compromised without the protection of an ERA. Covering topics ranging from pay equity and pregnancy discrimination to violence against women, Equal Means Equal makes abundantly clear that an ERA will improve the lives of real women living in America.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Donald Wilson Jackson |
| Publisher | : |
| Total Pages | : 318 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : |
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.
| Author | : Tanya Hallford Hendrix |
| Publisher | : |
| Total Pages | : |
| Release | : 2021-07 |
| Genre | : |
| ISBN | : 9781946629937 |
God does not discriminate based on gender. American law prohibits discrimination based on gender. In a country that values equality and rights, shouldn't the American church lead the way in treating women equally with men? In America, of all countries, shouldn't a woman be free to pursue what God has called her to do? Recognizing the importance of the United States Supreme Court on the lives of Christians in America, attorney and theologian, Tanya Hendrix, dives into the Bible and American case law to examine the treatment of women by Jesus and in America in her book, Equal Protection Under God. Using her unique perspective, and sometimes tongue-in-cheek humor, she draws lessons from American case law and the Bible to make the case for equality for women in the church. Her message equips women with the knowledge they are valued, give value, and deserve equal treatment. A life-long advocate for victims of domestic violence, sexual assault, and sex trafficking, she explores the consequences of devaluing women and withholding opportunities based solely on a woman's accident of birth as female. We the People is more than just the first three words of the Constitution. It stands for the equal treatment and value of all in America, including women. Redemption for women and the church is found in Jesus alone, but the United States Supreme Court has recognized the value of women and provided a path for the church to follow to reach equality for women. Tanya believes God has given all of us gifts and abilities and that He is the only one who can direct how they are used. Women have equal rights and protection under the law in the United States. With Jesus as Savior and Redeemer, women have equal rights and protection under God.
| Author | : Sonu Bedi |
| Publisher | : Cambridge University Press |
| Total Pages | : 293 |
| Release | : 2013-09-02 |
| Genre | : Law |
| ISBN | : 1107244692 |
The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.
