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Equal treatment of religion in a pluralistic society
Authors: ---
ISBN: 0802842968 9780802842961 Year: 1998 Publisher: Grand Rapids, Mich. Cambridge W.B. Eerdmans

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Redefining equality
Authors: ---
ISBN: 0585364842 1280470259 142375980X 0195353773 160256227X 9781423759805 9780585364841 019511664X 0195116658 9781602562271 9780195116649 9780195116656 0195116658 9781280470257 9786610470259 6610470251 0197720323 Year: 1998 Publisher: New York Oxford University Press

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Democracy and equality: the enduring constitutional vision of the Warren Court
Authors: ---
ISBN: 9780190938208 019093820X 0190938226 9780190938215 9780190938222 0190938218 Year: 2020 Publisher: Oxford Oxford University Press

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From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation.0As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describer the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality.0In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. 0This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly0conservative justices who have dominated the Supreme Court over the past half-century.


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The legal foundations of inequality
Author:
ISBN: 1107204917 0511847327 1282630652 9786612630651 0511749872 0511749120 0511743327 0511742258 0511750617 0511744404 9780511744402 9780511749872 9780511743320 9780511750618 9780521195027 0521195020 9781107617810 1107617812 9781107617810 9781107204911 9780511847325 9781282630659 6612630655 9780511749124 9780511742255 Year: 2010 Volume: 8 Publisher: Cambridge [U.K.] New York, N.Y. Cambridge University Press

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The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Gays and the military
Authors: --- --- --- ---
ISBN: 1282751794 9786612751790 1400821045 1400813891 9781400813896 9781400821044 9780691033075 0691033072 9780691019444 0691019444 Year: 1993 Publisher: Princeton, N.J. Princeton University Press

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In April 1987 Joseph C. Steffan, one of the ten highest ranking midshipmen in his class at the U.S. Naval Academy, and only six weeks from graduation, was denied his diploma and forced to resign his commission because he answered "Yes, sir" to the question, "I'd like your word, are you a homosexual?" Six years later his cause, and that of other gay men and lesbians seeking to serve their country by enlistment in the military, has become the subject of intense national controversy. This unusual and innovative work, based on the litigation strategy and court papers filed in the case of Joseph C. Steffan v. Richard Cheney, Secretary of Defense, et al., brings the resources of clinical psychiatry, clinical and social psychology, cultural history and political science to bear upon the fundamental questions at issue: How is sexual orientation determined? How and why have socially prejudiced stereotypes about male and female homosexuals developed? Why have gays faced special obstacles in defending themselves against discrimination? How much political power do gays have? Marc Wolinsky and Kenneth Sherrill argue that gays constitute a politically powerless class that has been unjustly deprived of its constitutional right to equal protection under the law. They have collected here the affidavits filed on behalf of Joseph Steffan in his suit against the United States government, together with the counter-arguments of the Department of Defense and the extraordinary opinion of the U.S. District Court for the District of Columbia. Whatever the outcome of the case, presently on appeal to the United States Court of Appeals for the District of Columbia Circuit, this book will stand as a lasting and indispensable guide to the sources of sexual discrimination.

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