the appearance of equality racial gerrymandering redistricting and the supreme court contributions in legal studies

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The Appearance Of Equality

Author : Christopher M. Burke
ISBN : 0313307512
Genre : Law
File Size : 63. 19 MB
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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
ISBN : 0313317534
Genre : Law
File Size : 89. 64 MB
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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
ISBN : 0313314748
Genre : Law
File Size : 20. 29 MB
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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
ISBN : 0313311056
Genre : Law
File Size : 33. 27 MB
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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
ISBN : 031331473X
Genre : Law
File Size : 81. 26 MB
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Analyzes the process of constitutional interpretation from the perspectives of history, political science, and jurisprudence.

Law Politics And Society

Author : Suzanne Samuels
ISBN : 0618376518
Genre : Education
File Size : 20. 5 MB
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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.


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ISBN : STANFORD:36105122345395
Genre : Academic libraries
File Size : 31. 91 MB
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Redistricting In Comparative Perspective

Author : Lisa Handley
ISBN : 9780191551703
Genre : Political Science
File Size : 33. 59 MB
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The aim of this book is threefold. First to put in one place for the convenience of both scholars and practitioners the basic data on redistricting practices in democracies around the world. Remarkably, this data has never before been collected. Second, to provide a series of short case studies that look in more detail at particular countries with regard to the institutions and practices that have evolved for redistricting and the nature of the debates that have arisen. Third, to begin to look in comparative perspective at the consequences of alternative redistricting mechanisms and at the tradeoffs among competing redistricting criteria. This volume has contributions from some of the leading specialists on redistricting in the world. The chapters reflect a mix of country-specific material, chapters that are broadly comparative, and chapters whose contributions are more methodological in nature. The chapters in this volume provide an indispensable introduction to the institutions, practices, and consequences of boundary delimitation around the world. Comparative Politics is a series for students and teachers of political science that deals with contemporary issues in comparative government and politics. The General Editors are David M. Farrell, Jean Monnet Chair in European Politics and Head of School of Social Sciences, University of Manchester and Alfio Mastropaolo, University of Turin. The series is published in association with the European Consortium for Political Research.

The Four Faces Of Affirmative Action

Author : W. Robert Gray
ISBN : STANFORD:36105110335846
Genre : Law
File Size : 56. 59 MB
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Analyzes the four possible grounds for justifying affirmative action by looking at philosophical and judicial writings.

Gerrymandering In America

Author : Anthony J. McGann
ISBN : 9781316589335
Genre : Political Science
File Size : 53. 46 MB
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This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.

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