The Appearance of Equality

Author: Christopher M. Burke
Publisher: Greenwood Publishing Group
ISBN: 9780313307515
Format: PDF, ePub, Mobi
Download and Read
An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation is unassailable. Therefore, it is unlikely that the Supreme Court will articulate a stable measure of fair representation. The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.

Choice of Law for American Courts

Author: Edwin Scott Fruehwald
Publisher: Greenwood Publishing Group
ISBN: 9780313317538
Format: PDF, ePub, Docs
Download and Read
In the early 20th century, a fairly uniform multilateralist method of choice of law existed. In the 1920s and 1930s, however, scholars and courts began to reject this method. Viewed as too mechanical, the method sometimes resulted in a choice of law of a state with only a tenuous connection to the issue at hand. This study proposes a new multilateralist method of choice of law that will alleviate the confusion currently existing in American choice of law. It rejects the state courts use of four different approaches to choice of law and instead advocates the adoption of an approach that is forum- and content-neutral and that respects the rights of both individuals and states.

A Natural Right to Die

Author: Raymond Whiting
Publisher: Greenwood Publishing Group
ISBN: 9780313314742
Format: PDF
Download and Read
Demonstrates how U.S. attitudes and practices concerning euthanasia have been influenced by the historical development of rights within the western world.

The Supreme Court s Retreat from Reconstruction

Author: Frank J. Scaturro
Publisher: Greenwood Publishing Group
ISBN: 9780313311055
Format: PDF, Kindle
Download and Read
Compares the Supreme Court's holdings regarding the Thirteenth, Fourteenth, and Fifteenth Amendments to the framers' own interpretations and examines the resulting distortions of constitutional law, some of which continue to this day.

Constitutional Interpretation

Author: Jeffrey M. Shaman
Publisher: Greenwood Publishing Group
ISBN: 9780313314735
Format: PDF, Docs
Download and Read
Analyzes the process of constitutional interpretation from the perspectives of history, political science, and jurisprudence.

Law politics and society

Author: Suzanne Samuels
Publisher: Wadsworth
ISBN: 9780618376513
Format: PDF
Download and Read
This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, gender, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, gender, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts.