Enforcing Equality PDF Download
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Author | : Rebecca E Zietlow |
Publisher | : NYU Press |
Total Pages | : 279 |
Release | : 2006-10 |
Genre | : Law |
ISBN | : 0814797075 |
Download Enforcing Equality Book in PDF, ePub and Kindle
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 | : William D. Araiza |
Publisher | : NYU Press |
Total Pages | : 319 |
Release | : 2016 |
Genre | : Law |
ISBN | : 1479859702 |
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 | : Michael A. Rebell |
Publisher | : Princeton University Press |
Total Pages | : 353 |
Release | : 2014-07-14 |
Genre | : Law |
ISBN | : 1400857821 |
Download Equality and Education Book in PDF, ePub and Kindle
Using an innovative blending of ideological, implementation, and comparative institutional analysis, this book takes the New York City case as a springboard for assessing the role of an executive agency in making and implementing egalitarian policies. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author | : Administrative Process Project |
Publisher | : |
Total Pages | : 632 |
Release | : 1972 |
Genre | : Civil rights |
ISBN | : |
Download Enforcing Equality in Housing and Employment Through State Civil Rights Laws Book in PDF, ePub and Kindle
Author | : Marie Mercat-Bruns |
Publisher | : Springer |
Total Pages | : 567 |
Release | : 2018-06-30 |
Genre | : Law |
ISBN | : 3319900684 |
Download Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law Book in PDF, ePub and Kindle
This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.
Author | : Rutgers Law School (Newark, N.J.) |
Publisher | : |
Total Pages | : 620 |
Release | : 1972 |
Genre | : Civil rights |
ISBN | : |
Download Enforcing Equality in Housing and Employment Through State Civil Rights Laws. The Administrative Process Project of Rutgers Law School, and the New Jersey Division on Civil Rights Book in PDF, ePub and Kindle
Author | : Bob Hepple |
Publisher | : Hart Publishing |
Total Pages | : 172 |
Release | : 2000-08-04 |
Genre | : Law |
ISBN | : 1841131598 |
Download Equality: A New Framework Book in PDF, ePub and Kindle
This review of UK anti-discrimination law and its enforcement highlights the shortcomings of existing laws and recommends measures to develop an accessible legislative framework and promote effective equal-opportunity policies. Chapters focus on the need for a new framework, harmonizing legislation and institutions, changing organizational policy and behavior, and making procedures and remedies more effective. Distributed by ISBS. No index. Annotation copyrighted by Book News Inc., Portland, OR
Author | : Employment Equality Agency |
Publisher | : |
Total Pages | : |
Release | : |
Genre | : Equal Opportunities |
ISBN | : |
Download Enforcing Your Rights Under Employment Equality Legislation Book in PDF, ePub and Kindle
Author | : William B. Glidden |
Publisher | : Lexington Books |
Total Pages | : 189 |
Release | : 2013-08-29 |
Genre | : Political Science |
ISBN | : 0739185748 |
Download Congress and the Fourteenth Amendment Book in PDF, ePub and Kindle
The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.
Author | : Paul Harpur |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : |
ISBN | : |
Download Enforcing Equality Interventions that Promote Inclusive Education? Book in PDF, ePub and Kindle
Persons with disabilities have a right to life long inclusive education. Laws to promote this right require certain parties to help promote inclusive education. These interventions will only achieve their objectives however if they are monitored and enforced. This presentation will focus on how equality interventions are enforced and critically evaluate the strengths and weaknesses of current models.