losing twice harms of indifference in the supreme court

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Losing Twice

Author : Emily M. Calhoun
ISBN : 9780199910434
Genre : Political Science
File Size : 56. 8 MB
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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

Proportionality Equality Laws And Religion

Author : Megan Pearson
ISBN : 9781317074564
Genre : Law
File Size : 70. 21 MB
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This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Freedom Of The Press

Author : Lyrissa Barnett Lidsky
ISBN : 0313315973
Genre : Language Arts & Disciplines
File Size : 63. 81 MB
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Provides an overview of the past, present, and possible future of the constitutional right to freedom of the press.

Report Of Cases Argued And Determined In The Supreme Court Of Alabama

Author : Alabama. Supreme Court
ISBN : UOM:35112102759471
Genre : Equity
File Size : 44. 36 MB
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Reports Of Cases Argued And Determined In The Supreme Court Of Alabama

Author : Alabama. Supreme Court
ISBN : MINN:31951T00056262L
Genre : Law reports, digests, etc
File Size : 57. 98 MB
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Contents. -- Minor's Reports v.l. -- Stewart's Reports v. 1-3. -- Stewart and Porter's Reports v. 1-5. -- Porter's Reports v. 1-9. -- Alabama Reports v. 1-80.

Reports Of Cases Argued And Determined In The Supreme Court Of Alabama

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ISBN : OSU:32437011813801
Genre : Laws reports, digests, etc
File Size : 69. 41 MB
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The Chronicle

Author :
ISBN : UIUC:30112084399689
Genre : Banks and banking
File Size : 47. 65 MB
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An Empire Of Indifference

Author : Randy Martin
ISBN : 9780822389804
Genre : Political Science
File Size : 43. 73 MB
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In this significant Marxist critique of contemporary American imperialism, the cultural theorist Randy Martin argues that a finance-based logic of risk control has come to dominate Americans’ everyday lives as well as U.S. foreign and domestic policy. Risk management—the ability to adjust for risk and to leverage it for financial gain—is the key to personal finance as well as the defining element of the massive global market in financial derivatives. The United States wages its amorphous war on terror by leveraging particular interventions (such as Iraq) to much larger ends (winning the war on terror) and by deploying small numbers of troops and targeted weaponry to achieve broad effects. Both in global financial markets and on far-flung battlegrounds, the multiplier effects are difficult to foresee or control. Drawing on theorists including Michel Foucault, Giorgio Agamben, Michael Hardt, Antonio Negri, and Achille Mbembe, Martin illuminates a frightening financial logic that must be understood in order to be countered. Martin maintains that finance divides the world between those able to avail themselves of wealth opportunities through risk taking (investors) and those who cannot do so, who are considered “at risk.” He contends that modern-day American imperialism differs from previous models of imperialism, in which the occupiers engaged with the occupied to “civilize” them, siphon off wealth, or both. American imperialism, by contrast, is an empire of indifference: a massive flight from engagement. The United States urges an embrace of risk and self-management on the occupied and then ignores or dispossesses those who cannot make the grade.

Federal Probation

Author :
ISBN : UCR:31210013190044
Genre : Crime
File Size : 90. 4 MB
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Reports Of Cases Determined In The Supreme Court And Court Of Appeals Of The State Of New Mexico

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ISBN : UCAL:B5174868
Genre :
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