Post Racial Constitutionalism And The Roberts Court

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Post-Racial Constitutionalism and the Roberts Court

Cedric Merlin Powell
Post Racial Constitutionalism and the Roberts Court Book PDF

Author : Cedric Merlin Powell
Publisher : Cambridge University Press
Page : 253 pages
File Size : 41,5 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781108879682

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Post-Racial Constitutionalism and the Roberts Court by Cedric Merlin Powell Pdf

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.

Post-Racial Constitutionalism and the Roberts Court

Cedric Merlin Powell
Post Racial Constitutionalism and the Roberts Court Book PDF

Author : Cedric Merlin Powell
Publisher : Cambridge University Press
Page : 253 pages
File Size : 45,7 Mb
Release : 2022-11-03
Category : History
ISBN : 9781108839945

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Post-Racial Constitutionalism and the Roberts Court by Cedric Merlin Powell Pdf

This book examines and critiques how the United States Supreme Court under the leadership of Chief Justice John Roberts perpetuates structural inequality.

Uncertain Justice

Laurence Tribe,Joshua Matz
Uncertain Justice Book PDF

Author : Laurence Tribe,Joshua Matz
Publisher : Macmillan + ORM
Page : 418 pages
File Size : 44,9 Mb
Release : 2014-06-03
Category : Political Science
ISBN : 9780805099133

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Uncertain Justice by Laurence Tribe,Joshua Matz Pdf

Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post

Controversies in Affirmative Action

James A. Beckman
Controversies in Affirmative Action Book PDF

Author : James A. Beckman
Publisher : Bloomsbury Publishing USA
Page : 1117 pages
File Size : 46,7 Mb
Release : 2014-07-23
Category : Social Science
ISBN : 9781440800832

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Controversies in Affirmative Action by James A. Beckman Pdf

An engaging and eclectic collection of essays from leading scholars on the subject, which looks at affirmative action past and present, analyzes its efficacy, its legacy, and its role in the future of the United States. This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.

The Morality of Consent

Alexander M. Bickel
The Morality of Consent Book PDF

Author : Alexander M. Bickel
Publisher : Yale University Press
Page : 174 pages
File Size : 53,7 Mb
Release : 1975-01-01
Category : Law
ISBN : 0300021194

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The Morality of Consent by Alexander M. Bickel Pdf

Contrasts liberal views in the tradition of John Locke with conservative Whig attitudes as personified by Edmund Burke in a consideration of moral duty and civil disobedience

The Case Against the Supreme Court

Erwin Chemerinsky
The Case Against the Supreme Court Book PDF

Author : Erwin Chemerinsky
Publisher : Penguin Books
Page : 402 pages
File Size : 40,9 Mb
Release : 2015-09-29
Category : History
ISBN : 9780143128007

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The Case Against the Supreme Court by Erwin Chemerinsky Pdf

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.

The Hollow Hope

Gerald N. Rosenberg
The Hollow Hope Book PDF

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 44,5 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687

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The Hollow Hope by Gerald N. Rosenberg Pdf

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

The Constitution in 2020

Jack M. Balkin,Reva B. Siegel
The Constitution in 2020 Book PDF

Author : Jack M. Balkin,Reva B. Siegel
Publisher : Oxford University Press
Page : 368 pages
File Size : 50,5 Mb
Release : 2009-05-26
Category : Law
ISBN : 9780199745739

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The Constitution in 2020 by Jack M. Balkin,Reva B. Siegel Pdf

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

Law and Legitimacy in the Supreme Court

Richard H. Fallon
Law and Legitimacy in the Supreme Court Book PDF

Author : Richard H. Fallon
Publisher : Harvard University Press
Page : 237 pages
File Size : 45,8 Mb
Release : 2018-02-19
Category : Law
ISBN : 9780674975811

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Law and Legitimacy in the Supreme Court by Richard H. Fallon Pdf

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Keeping Faith with the Constitution

Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Keeping Faith with the Constitution Book PDF

Author : Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder
Publisher : Oxford University Press
Page : 272 pages
File Size : 53,7 Mb
Release : 2010-08-05
Category : Political Science
ISBN : 9780199750665

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Keeping Faith with the Constitution by Goodwin Liu,Pamela S. Karlan,Christopher H. Schroeder Pdf

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Supreme Myths

Eric J. Segall
Supreme Myths Book PDF

Author : Eric J. Segall
Publisher : Bloomsbury Publishing USA
Page : 281 pages
File Size : 40,8 Mb
Release : 2012-02-22
Category : Political Science
ISBN : 9798216151906

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Supreme Myths by Eric J. Segall Pdf

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court—and how they should resolve cases—can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

The Roberts Court

Marcia Coyle
The Roberts Court Book PDF

Author : Marcia Coyle
Publisher : Simon and Schuster
Page : 416 pages
File Size : 47,8 Mb
Release : 2013-05-07
Category : Political Science
ISBN : 9781451627534

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The Roberts Court by Marcia Coyle Pdf

The Roberts Court, seven years old, sits at the center of a constitutional maelstrom. Through four landmark decisions, Marcia Coyle, one of the most prestigious experts on the Supreme Court, reveals the fault lines in the conservative-dominated Court led by Chief Justice John Roberts Jr. Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the U.S. Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside account of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began—the personalities and conflicts that catapulted them onto the national scene—and how they ultimately exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United campaign case. Most dramatically, her analysis shows how dedicated conservative lawyers and groups are strategizing to find cases and crafting them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat at the struggle to lay down the law of the land.

Fatal Invention

Dorothy Roberts
Fatal Invention Book PDF

Author : Dorothy Roberts
Publisher : New Press/ORIM
Page : 485 pages
File Size : 45,9 Mb
Release : 2011-06-14
Category : Science
ISBN : 9781595586919

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Fatal Invention by Dorothy Roberts Pdf

An incisive, groundbreaking book that examines how a biological concept of race is a myth that promotes inequality in a supposedly “post-racial” era. Though the Human Genome Project proved that human beings are not naturally divided by race, the emerging fields of personalized medicine, reproductive technologies, genetic genealogy, and DNA databanks are attempting to resuscitate race as a biological category written in our genes. This groundbreaking book by legal scholar and social critic Dorothy Roberts examines how the myth of race as a biological concept—revived by purportedly cutting-edge science, race-specific drugs, genetic testing, and DNA databases—continues to undermine a just society and promote inequality in a supposedly “post-racial” era. Named one of the ten best black nonfiction books 2011 by AFRO.com, Fatal Invention offers a timely and “provocative analysis” (Nature) of race, science, and politics that “is consistently lucid . . . alarming but not alarmist, controversial but evidential, impassioned but rational” (Publishers Weekly, starred review). “Everyone concerned about social justice in America should read this powerful book.” —Anthony D. Romero, executive director, American Civil Liberties Union “A terribly important book on how the ‘fatal invention’ has terrifying effects in the post-genomic, ‘post-racial’ era.” —Eduardo Bonilla-Silva, professor of sociology, Duke University, and author of Racism Without Racists: Color-Blind Racism and the Persistence of Racial Inequality in the United States “Fatal Invention is a triumph! Race has always been an ill-defined amalgam of medical and cultural bias, thinly overlaid with the trappings of contemporary scientific thought. And no one has peeled back the layers of assumption and deception as lucidly as Dorothy Roberts.” —Harriet A. Washington, author of and Deadly Monopolies: The Shocking Corporate Takeover of Life Itself

The Far Right Today

Cas Mudde
The Far Right Today Book PDF

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 43,8 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.

Is Marriage for White People?

Ralph Richard Banks
Is Marriage for White People Book PDF

Author : Ralph Richard Banks
Publisher : Penguin
Page : 251 pages
File Size : 55,8 Mb
Release : 2011-09-01
Category : Social Science
ISBN : 9781101475645

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Is Marriage for White People? by Ralph Richard Banks Pdf

A distinguished Stanford law professor examines the steep decline in marriage rates among the African American middle class, and offers a paradoxical-nearly incendiary-solution. Black women are three times as likely as white women to never marry. That sobering statistic reflects a broader reality: African Americans are the most unmarried people in our nation, and contrary to public perception the racial gap in marriage is not confined to women or the poor. Black men, particularly the most successful and affluent, are less likely to marry than their white counterparts. College educated black women are twice as likely as their white peers never to marry. Is Marriage for White People? is the first book to illuminate the many facets of the African American marriage decline and its implications for American society. The book explains the social and economic forces that have undermined marriage for African Americans and that shape everyone's lives. It distills the best available research to trace the black marriage decline's far reaching consequences, including the disproportionate likelihood of abortion, sexually transmitted diseases, single parenthood, same sex relationships, polygamous relationships, and celibacy among black women. This book centers on the experiences not of men or of the poor but of those black women who have surged ahead, even as black men have fallen behind. Theirs is a story that has not been told. Empirical evidence documents its social significance, but its meaning emerges through stories drawn from the lives of women across the nation. Is Marriage for White People? frames the stark predicament that millions of black women now face: marry down or marry out. At the core of the inquiry is a paradox substantiated by evidence and experience alike: If more black women married white men, then more black men and women would marry each other. This book not only sits at the intersection of two large and well- established markets-race and marriage-it responds to yearnings that are widespread and deep in American society. The African American marriage decline is a secret in plain view about which people want to know more, intertwining as it does two of the most vexing issues in contemporary society. The fact that the most prominent family in our nation is now an African American couple only intensifies the interest, and the market. A book that entertains as it informs, Is Marriage for White People? will be the definitive guide to one of the most monumental social developments of the past half century.