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The Constitutional Underclass

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The Constitutional Underclass

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Author : Evan Gerstmann
language : en
Publisher: University of Chicago Press
Release Date : 1999-03-15

The Constitutional Underclass written by Evan Gerstmann 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 1999-03-15 with Law categories.

When the Supreme Court struck down Colorado's Amendment 2—which would have nullified all state and local laws protecting gays and lesbians from discrimination—it was widely regarded as a victory for gay rights. Yet many gays and lesbians still risk losing their jobs, custody of their children, and even their liberty under the law. Using the Colorado initiative as his focus, Gerstmann untangles the complex standards and subtle rhetoric the Supreme Court uses to apply the equal protection clause. The Court divides people into legal classes that receive varying levels of protection; gays and lesbians and other groups, such as the elderly and the poor, receive the least. Gerstmann reveals how these standards are used to favor certain groups over others, and also how Amendment 2 advocates used the Court's doctrine to convince voters that gays and lesbians were seeking "special rights" in Colorado. Concluding with a call for wholesale reform of equal-protection jurisprudence, this book is essential reading for anyone interested in fair, coherent, and truly equal protection under the law.

The Constitutional Underclass

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Author : Evan Gerstmann
language : en
Publisher: University of Chicago Press
Release Date : 1999-04

Same Sex Marriage And The Constitution

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Author : Evan Gerstmann
language : en
Publisher: Cambridge University Press
Release Date : 2004

Same Sex Marriage And The Constitution written by Evan Gerstmann 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 2004 with Law categories.

Does the Constitution protect the right to same-sex marriage? Much of the writing on this subject has been highly one-sided. This book takes a careful second look at the issue. Not only does it carefully look at the legal debate, but it also asks whether, in a democratic society, the courts should settle this question rather that the voters and it takes on the issue of whether such a court-created law could be effective in the face of public opposition. The book argues that this issue is one of the most significant constitutional issues facing society because it challenges society's commitment to the promise of true legal equality.

The Dream And The Nightmare

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Author : Myron Magnet
language : en
Publisher: ReadHowYouWant.com
Release Date : 2010-06

The Dream And The Nightmare written by Myron Magnet and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06 with History categories.

Myron Magnet's The Dream and the Nightmare argues that the radical transformation of American culture that took place in the 1960s brought today's underclass - overwhelmingly urban, dismayingly minority - into existence. Lifestyle experimentation among the white middle class produced often catastrophic changes in attitudes toward marriage and parenting, the work ethic and dependency in those at the bottom of the social ladder, and closed down their exits to the middle class. Texas Governor George W. Bush's presidential campaign has highlighted the continuing importance of The Dream and the Nightmare. Bush read the book before his first campaign for governor in 1994, and, when he finally met Magnet in 1998, he acknowledged his debt to this work. Karl Rove, Bush's principal political adviser, cites it as a road map to the governor's philosophy of ''compassionate conservatism.''

Racism And The Underclass

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Author : David Penna
language : en
Publisher: Praeger
Release Date : 1991-08-30

Racism And The Underclass written by David Penna and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-08-30 with Political Science categories.

This unique collection of essays analyzes the impact of state policies on minority communities in the United States and the perpetuation of an underclass in American society. The editors and contributors begin with the premise that there was a resurgence of racism and disadvantage during the Reagan years, not only in the United States, but also in the world. They contend that a major revision of policy toward the American underclass is urgently needed because of a failure to understand underlying social and economic changes. Drawing heavily upon diverse sources for data and theoretical perspectives, the studies in this important volume attempt to integrate underclass analysis with policy formulation. The elaboration of the human rights of the underclass under both international and domestic law is presented by Peter Weiss. Gregory Kellam Scott argues forcefully for a shift in the basis of civil rights jurisprudence that would allow the state to assist the underclass by removing past remnants of discrimination. David Penna and Jose Blas Lorenzo discuss the legality and desirability of state attempts to restrict racist speech, given the exploitative nature of the underclass relationship. John Grove and Jiping Wu reassess the perception of Asian-Americans as a model minority and discuss uncertain prospects for the future integration of new Asian immigrants into mainstream America. Debra Kreisberg Voss, Joy Sobrepena, and Peter W. Van Arsdale demonstrate how the immigration process can marginalize immigrants. George E. Tinker and Loring Bush discuss the difficulties in determining Native American unemployment rates and document the underestimation of the problem and its impact on policy toward Native Americans. The politics and hidden agenda of the English Only movement and the policy implications for linguistic minorities are revealed by Priscilla Falcon and Patricia J. Campbell. Finally, George W. Shepherd, Jr. and David Penna present a challenging agenda for state policy toward the underclass for the 1990s. This provocative volume should be read by everyone interested in ethnic and minority studies.

Same Sex Marriage And The Constitution

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Author : Evan Gerstmann
language : en
Publisher: Cambridge University Press
Release Date : 2017-06-26

A clearly written and accessible explanation of the Supreme Court's same-sex marriage decision, its reasoning, and the consequences and controversies surrounding it.

Citizenship And Its Exclusions

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Author : Ediberto Román
language : en
Publisher:
Release Date : 2010-05

Citizenship And Its Exclusions written by Ediberto Román and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05 with Law categories.

Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and Its Exclusions, Ediberto Román offers a sweeping, interdisciplinary analysis of citizenship's contradictions. Román offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law, and culminates his analysis with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the "underclass."

American Constitutional Law

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Author : Donald P. Kommers
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 2010

American Constitutional Law written by Donald P. Kommers and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.

iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation

Alienated

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Author : Victor C. Romero
language : en
Publisher: NYU Press
Release Date : 2005-02

Alienated written by Victor C. Romero and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-02 with Law categories.

A legal examination of how immigrants rights are - or are not - being protected under the constituion.

The U S Supreme Court And The Electoral Process

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Author : David K. Ryden
language : en
Publisher: Georgetown University Press
Release Date : 2002-09-06

The U S Supreme Court And The Electoral Process written by David K. Ryden and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-06 with Political Science categories.

The U.S. Supreme Court—at least until Bush v. Gore—had seemed to float along in an apolitical haze in the mind of the electorate. It was the executive branch and the legislative branch that mucked about in politics getting dirty, the judicial branch kept its robes—and nose—clean. The U.S. Supreme Court and the Electoral Process makes it abundantly clear however that before, during, and after the judicial decision that made George W. Bush the President of the United States, everything was, is, and will likely be, politics-including the decisions handed down by the highest court in the land. This revised and updated edition takes into account not only the recent famous (or infamous, depending on the reader's point of view) judicial decision on the Presidency, but a myriad of others as well in which the U.S. Supreme Court has considered the constitutionality of a wide range of issues involving voting and elections, representation, and political participation. Practitioners and academics in both law and political science examine a number of court actions that directly affect how we choose those who govern us, and how those decisions have affected our electoral politics, constitutional doctrine, and the fundamental concepts of democracy, including: racial redistricting, term limits, political patronage, campaign finance regulations, third-party ballot access, and state ballot initiatives limiting civil liberties. Of the first edition, CHOICE said, The U.S. Supreme Court and the Electoral Process "plumbs the Supreme Court's constitutive apolitical role as 'primary shaper of the electoral system' and reveals the pervasive involvement of the Court in the political process."

The Constitutional Underclass

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