Enforcing Equality

Author : Rebecca E Zietlow
Publisher : NYU Press
ISBN 13 : 0814797075
Total Pages : 279 pages
Book Rating : 4.75/5 ( download)

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Download or read book Enforcing Equality written by Rebecca E Zietlow and published by NYU Press. This book was released on 2006-10 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 B. Glidden
Publisher :
ISBN 13 : 9780739185735
Total Pages : 0 pages
Book Rating : 4.3X/5 ( download)

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Download or read book Congress and the Fourteenth Amendment written by William B. Glidden and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Congress and the Fourteenth Amendment, William B. Glidden examines the misuse of the fourteenth amendment.

Author : Michael A. Rebell
Publisher : Princeton University Press
ISBN 13 : 1400857821
Total Pages : 353 pages
Book Rating : 4.21/5 ( download)

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Download or read book Equality and Education written by Michael A. Rebell and published by Princeton University Press. This book was released on 2014-07-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : William D. Araiza
Publisher : NYU Press
ISBN 13 : 1479859702
Total Pages : 319 pages
Book Rating : 4.02/5 ( download)

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Download or read book Enforcing the Equal Protection Clause written by William D. Araiza and published by NYU Press. This book was released on 2015 with total page 319 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.

Author : William B. Glidden
Publisher : Lexington Books
ISBN 13 : 0739185748
Total Pages : 189 pages
Book Rating : 4.42/5 ( download)

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Download or read book Congress and the Fourteenth Amendment written by William B. Glidden and published by Lexington Books. This book was released on 2013-08-29 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert Tsai
Publisher : W. W. Norton & Company
ISBN 13 : 0393652033
Total Pages : 288 pages
Book Rating : 4.31/5 ( download)

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Download or read book Practical Equality: Forging Justice in a Divided Nation written by Robert Tsai and published by W. W. Norton & Company. This book was released on 2019-02-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time. Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.

Author : Corey Brettschneider
Publisher : Princeton University Press
ISBN 13 : 0691171297
Total Pages : 231 pages
Book Rating : 4.96/5 ( download)

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Download or read book When the State Speaks, What Should It Say? written by Corey Brettschneider and published by Princeton University Press. This book was released on 2016-05-31 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Author : Bob Hepple
Publisher : Hart Publishing
ISBN 13 : 1841131598
Total Pages : 172 pages
Book Rating : 4.97/5 ( download)

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Download or read book Equality: A New Framework written by Bob Hepple and published by Hart Publishing. This book was released on 2000-08-04 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robert Belton
Publisher : University Press of Kansas
ISBN 13 : 0700619534
Total Pages : 428 pages
Book Rating : 4.35/5 ( download)

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Download or read book The Crusade for Equality in the Workplace written by Robert Belton and published by University Press of Kansas. This book was released on 2014-04-14 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: On March 8, 1971, the Supreme Court of the United States decided a case, Griggs v. Duke Power Co., brought by thirteen African American employees who worked as common laborers and janitors at one of Duke Power’s facilities. The decision, in plaintiffs’ favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In this book, Robert Belton, who represented the plaintiffs for the NAACP Legal Defense Fund and argued the case in the lower courts, gives a firsthand account of legal history in the making—and a behind-the-scenes look at the highly complex process of putting civil rights law to work. Title VII of the Civil Rights Act of 1964 eliminated much blatant discrimination, but after its enactment and before Griggs, businesses held the view that a commitment to equality required only eliminating policies and practices that were intentionally discriminatory—the "disparate treatment" test. In Griggs v. Duke Power Co., the Supreme Court ruled that a "disparate impact" test could also apply—that the 1964 Civil Rights Act extended to practices with a discriminatory effect. In tracing the impact of the Griggs ruling on employment practices, this book documents the birth, maturation, death, and rebirth of the disparate impact theory, including its erosion by later Supreme Court decisions and its restoration by congressional action in the Civil Rights Act of 1991. Belton conducts us through this historic case from the original lawsuit to the Supreme Court decision in Griggs and beyond as he traces the post-Griggs developments in the lower courts, the Supreme Court, and Congress; he provides informed insights into both litigators' and judges' perspectives and decision-making. His work situates the case in its legal, social, and historical contexts and explores the relationship between public and private enforcement of the law, with a focus on the Legal Defense Fund’s litigation campaign against employment discrimination. A detailed examination of the development of legal principles under Title VII, this book tells the story of this seminal decision on equal employment law and offers an unprecedented close-up view of personal conviction, legal strategy, and historical forces combining to effect dramatic social change.

Author : Frank Newport
Publisher : Grand Central Publishing
ISBN 13 : 0759511764
Total Pages : 205 pages
Book Rating : 4.67/5 ( download)

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Download or read book Polling Matters written by Frank Newport and published by Grand Central Publishing. This book was released on 2004-07-30 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: From The Gallup Organization-the most respected source on the subject-comes a fascinating look at the importance of measuring public opinion in modern society. For years, public-opinion polls have been a valuable tool for gauging the positions of American citizens on a wide variety of topics. Polling applies scientific principles to understanding and anticipating the insights, emotions, and attitudes of society. Now in POLLING MATTERS: Why Leaders Must Listen to the Wisdom of the People, The Gallup Organization reveals: What polls really are and how they are conducted Why the information polls provide is so vitally important to modern society today How this valuable information can be used more effectively and more...