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Author : Michael J. Kaufman
Publisher : Cambridge University Press
Page : 245 pages
File Size : 44,6 Mb
Release : 2019-10-17
Category : Education
ISBN : 9781316510438
Examines the law governing American education and proposes social constructivist pedagogy as a model for reform efforts.
Author : Alexander Tsesis
Publisher : Columbia University Press
Page : 364 pages
File Size : 47,8 Mb
Release : 2010
Category : History
ISBN : 9780231141444
In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.
Author : Orville Vernon Burton,Armand Derfner
Publisher : Harvard University Press
Page : 465 pages
File Size : 44,9 Mb
Release : 2021-05-04
Category : Law
ISBN : 9780674975644
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Author : George Rutherglen
Publisher : Oxford University Press
Page : 225 pages
File Size : 44,8 Mb
Release : 2013-01-17
Category : History
ISBN : 9780199739707
The author begins with the birth of civil rights - the circumstances, acts and legacy of the 39th Congress, constitutional origins, passage and structure of the Act, moves through the Fourteenth Amendment and into restrictive interpretations and quiescent years, and finishes with a chapter on discerning the future from the past and the contemporary significance of the Act.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher : Unknown
Page : 494 pages
File Size : 43,9 Mb
Release : 1983
Category : African Americans
ISBN : STANFORD:36105045456790
Author : Vincent Southerland
Publisher : The New Press
Page : 402 pages
File Size : 48,7 Mb
Release : 2020-11-24
Category : Political Science
ISBN : 9781620976210
Leading law professors weigh in on key issues in race and the law—collected in honor of one of the originators of critical race theory, Derrick Bell When Derrick Bell, one of the originators of critical race theory, turned sixty-five, his wife set up a lecture series of the leading critical race theorists, many of them Bell’s former students. Now, these lectures, given over the course of twenty-five years, are collected for the first time in Carving Out a Humanity, a volume that Library Journal calls “potent” and Kirkus Reviews, in a starred review, says “powerfully acknowledge[s] the persistence of structural racism.” “To what extent does equal protection protect?” asks Ian Haney López in a penetrating analysis of the gaps that remain in our civil rights legal codes. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense Fund, describes the hypersegregation of our cities and the limits of the law’s ability to change deep-seated attitudes about race. Patricia J. Williams explores the legacy of slavery in the law’s current constructions of sanity. Anita Allen discusses competing privacy and accountability interests in the lives of African American celebrities. Chuck Lawrence interrogates the judicial backlash against affirmative action. And Michelle Alexander describes what caused her to break ranks with the civil rights community and take up the cause of those our legal system has labeled unworthy. Carving Out a Humanity gathers some of our country’s brightest progressive legal stars in a volume that illuminates facets of the law that have continued to perpetuate racial inequality and to confound our nation at the start of a new millennium. According to Library Journal, “Scholars and lay readers alike will be enlightened and spurred to thought and discussion.” Contributors: Charles Ogletree Charles Lawrence Patricia J. Williams Richard Delgado Lani Guinier Anita Allen Mari Matsuda Cheryl L. Harris Kendall Thomas Derrick Bell John Calmore Robert A. Williams Paul Butler Emma Coleman Jordan Devon W. Carbado Ian Haney Lopez Annette Gordon-Reed William Carter Jr. Stephen Bright Sherrilyn Ifill Michelle Alexander Theodore M. Shaw Angela Onwuachi-Willig Kenneth W. Mack
Author : United States
Publisher : Unknown
Page : 66 pages
File Size : 52,5 Mb
Release : 1893
Category : Electronic
ISBN : PRNC:32101050870540
Author : Steven L. Emanuel
Publisher : Aspen Publishing
Page : 1659 pages
File Size : 47,5 Mb
Release : 2023-03-28
Category : Law
ISBN : 9798886140668
Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!
Author : David F. Forte,Matthew Spalding
Publisher : Regnery Publishing
Page : 642 pages
File Size : 44,7 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9781621572688
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 44 pages
File Size : 54,8 Mb
Release : 2002
Category : Crime prevention
ISBN : PURD:32754073194825
Author : Cedric Merlin Powell
Publisher : Cambridge University Press
Page : 253 pages
File Size : 40,6 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781108879682
Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.
Author : Sandra M. Gustafson,Robert Levine
Publisher : Fordham Univ Press
Page : 180 pages
File Size : 41,6 Mb
Release : 2022-12-20
Category : History
ISBN : 9781531501389
Albion W. Tourgée (1838–1905) was a major force for social, legal, and literary transformation in the second half of the nineteenth century. Best known for his Reconstruction novels A Fool’s Errand (1879) and Bricks without Straw (1880), and for his key role in the civil rights case Plessy v. Ferguson (1896), challenging Louisiana’s law segregating railroad cars, Tourgée published more than a dozen novels and a volume of short stories, as well as nonfiction works of history, law, and politics. This volume is the first collection focused on Tourgée’s literary work and intends to establish his reputation as one of the great writers of fiction about the Reconstruction era arguably the greatest for the wide historical and geographical sweep of his novels and his ability to work with multiple points of view. As a white novelist interested in the rights of African Americans, Tourgée was committed to developing not a single Black perspective but multiple Black perspectives, sometimes even in conflict. The challenge was to do justice to those perspectives in the larger context of the story he wanted to tell about a multiracial America. The seventeen essays in this volume are grouped around three large topics: race, citizenship, and nation. The volume also includes a Preface, Introduction, Afterword, Bibliography, and Chronology providing an overview of his career. This collection changes the way that we view Tourgée by highlighting his contributions as a writer and editor and as a supporter of African American writers. Exploring the full spectrum of his literary works and cultural engagements, Reimagining the Republic: Race, Citizenship, and Nation in the Literary Work of Albion Tourgée reveals a new Tourgée for our moment of renewed interest in the literature and politics of Reconstruction.
Author : William D. Araiza
Publisher : NYU Press
Page : 319 pages
File Size : 45,6 Mb
Release : 2015
Category : Law
ISBN : 9781479859702
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 : Paul Brest,Sanford Levinson,Jack M. Balkin,Akhil Reed Amar,Reva B. Siegel
Publisher : Aspen Publishing
Page : 2117 pages
File Size : 42,7 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781454897613
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism. Key Features: Coverage of recent cases and materials including: Obergefell v. Hodges - Same-Sex Marriage Whole Woman’s Health v. Hellerstedt – Abortion Regulation Zivotofsky v. Kerry – Presidential Power Fisher v. University of Texas – Affirmative Action New Discussion of Cooperative Federalism Sessions v. Morales–Santana – Sex Equality
Author : Anonim
Publisher : Unknown
Page : 644 pages
File Size : 53,5 Mb
Release : 2004
Category : Electronic
ISBN : MINN:31951D02465839Z
