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Equity And The Constitution


Equity And The Constitution
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Equity And The Constitution


Equity And The Constitution
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Author : Gary L. McDowell
language : en
Publisher: University of Chicago Press
Release Date : 1982-04

Equity And The Constitution written by Gary L. McDowell and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-04 with Law categories.


Since the landmark desegregation decisions in the Brown vs. Board of Education cases, the proper role of the federal judiciary has been hotly debated. Has the federal judiciary, in its attempt to legislate social policy, overstepped its constitutional boundaries? In this volume, Gary McDowell considers the equity power created by Article III of the Constitution, on which the most controversial decisions of the Supreme Court have rested. He points out the equity was originally understood as an extraordinary means of offering relief to individuals in cases of fraud, accident, mistake, or trust and as a means of "confining the operation of unjust and partial laws." It has now been stretched to offer relief to broadly defined social classes. This "sociological" understanding, in McDowell's view, has undermined equity as a substantive body of law. He urges a return to the former definition as a means of restraining the reach of federal jurisdiction.



Essays On Constitutional Law And Equity And Other Subjects


Essays On Constitutional Law And Equity And Other Subjects
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Author : Henry Schofield
language : en
Publisher:
Release Date : 1921

Essays On Constitutional Law And Equity And Other Subjects written by Henry Schofield and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with categories.




Essays On Constitutional Law And Equity


Essays On Constitutional Law And Equity
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Author : Henry Schofield
language : en
Publisher:
Release Date : 1972

Essays On Constitutional Law And Equity written by Henry Schofield and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with categories.




Gender And The Constitution


Gender And The Constitution
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Author : Helen Irving
language : en
Publisher: Cambridge University Press
Release Date : 2008-01-21

Gender And The Constitution written by Helen Irving and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-21 with Law categories.


We live in an era of constitution-making. New constitutions are appearing in historically unprecedented numbers, following regime change in some countries, or a commitment to modernization in others. No democratic constitution today can fail to recognize or provide for gender equality. Constitution-makers need to understand the gendered character of all constitutions, and to recognize the differential impact on women of constitutional provisions, even where these appear gender-neutral. This book confronts what needs to be considered in writing a constitution when gender equity and agency are goals. It examines principles of constitutionalism, constitutional jurisprudence, and history. Its goal is to establish a framework for a 'gender audit' of both new and existing constitutions. It eschews a simple focus on rights and examines constitutional language, interpretation, structures and distribution of power, rules of citizenship, processes of representation, and the constitutional recognition of international and customary law. It discusses equality rights and reproductive rights as distinct issues for constitutional design.



Federal Equity Procedure


Federal Equity Procedure
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Author : Chrisenberry Lee Bates
language : en
Publisher:
Release Date : 1901

Federal Equity Procedure written by Chrisenberry Lee Bates and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1901 with Circuit courts categories.




Even The Children Of Strangers


Even The Children Of Strangers
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Author : Donald Wilson Jackson
language : en
Publisher:
Release Date : 1992

Even The Children Of Strangers written by Donald Wilson Jackson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.


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.



Essays On Constitutional Law And Equity And Other Subjects


Essays On Constitutional Law And Equity And Other Subjects
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Author : Henry Schofield
language : en
Publisher: Palala Press
Release Date : 2018-02-14

Essays On Constitutional Law And Equity And Other Subjects written by Henry Schofield and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-14 with Law categories.


This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.



Constitutional Ethos


Constitutional Ethos
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Author : Alexander Tsesis
language : en
Publisher: Oxford University Press
Release Date : 2017

Constitutional Ethos written by Alexander Tsesis and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


"[This book] is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. ... A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. ... Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good."--Publisher's website.



Slavery And Its Consequences


Slavery And Its Consequences
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Author : Robert A. Goldwin
language : en
Publisher: American Enterprise Institute
Release Date : 1988

Slavery And Its Consequences written by Robert A. Goldwin and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with History categories.


This book discusses the institution of slavery and how it relates to the Constitution.



Essays On Constitutional Law And Equity And Other Subjects


Essays On Constitutional Law And Equity And Other Subjects
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Author : Schofield Henry
language : en
Publisher:
Release Date : 1901

Essays On Constitutional Law And Equity And Other Subjects written by Schofield Henry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1901 with categories.