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Affirmative Action Policies And Judicial Review Worldwide
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Book Synopsis Affirmative Action Policies and Judicial Review Worldwide by : George Gerapetritis
Download or read book Affirmative Action Policies and Judicial Review Worldwide written by George Gerapetritis and published by Springer. This book was released on 2015-08-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Book Synopsis Affirmative Action by : Julio Faúndez
Download or read book Affirmative Action written by Julio Faúndez and published by International Labour Organization. This book was released on 1994 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Goals and timetables
Book Synopsis Affirmative Action by : Ockert Dupper
Download or read book Affirmative Action written by Ockert Dupper and published by AFRICAN SUN MeDIA. This book was released on 2014-12-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative Action: A View from the Global South provides insight into a range of aspects of the affirmative action policies in seven countries from Africa, Asia, South America and the Middle East. In addition to these national perspectives, important theoretical concepts and international developments on affirmative action are explored.
Book Synopsis Constitutionalism in Context by : David S. Law
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Book Synopsis Social Systems Theory and Judicial Review by : Katayoun Baghai
Download or read book Social Systems Theory and Judicial Review written by Katayoun Baghai and published by Routledge. This book was released on 2016-03-03 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Book Synopsis Affirmative Action and Justice by : Michel Rosenfeld
Download or read book Affirmative Action and Justice written by Michel Rosenfeld and published by Yale University Press. This book was released on 1991 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rosenfeld seeks to integrate philosophical and constitutional approaches to affirmative action policies. He analyzes four liberal conceptions of justice--libertarian, contractarian, utilitarian, and egalitarian, and critiques the Supreme Court's ambiguous and inconsistent legacy on affirmative action and considers relationships between philosophical conceptions of justice and court doctrine. He concludes with an attempt to construct an alternative conception of affirmative action, based on the "dynamic relationship between equality as identity and equality as difference." Rosenfeld develops a philosophical defense of affirmative action based on a principle of "justice as reversible reciprocity." He argues that deficiencies in liberal positions can be overcome through recourse to a dialogical process involving a "reversal of perspectives" and the suppression of power-dominated strategic communication. ISBN 0-300-04781-9: $30.00.
Book Synopsis Judicial Review in an Age of Moral Pluralism by : Ronald C. Den Otter
Download or read book Judicial Review in an Age of Moral Pluralism written by Ronald C. Den Otter and published by Cambridge University Press. This book was released on 2009-08-31 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how judicial review can be improved to strike the appropriate balance between legislative and judicial power.
Book Synopsis Affirmative Action by : John W. Johnson
Download or read book Affirmative Action written by John W. Johnson and published by Greenwood. This book was released on 2009-05-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative Action recounts the fascinating history of a civil rights provision considered vital to protecting and promoting equality, but still bitterly contested in the courts—and in the court of public opinion. "Special consideration" or "reverse discrimination"? This examination traces the genesis and development of affirmative action and the continuing controversy that constitutes the story of racial and gender preferences. It pays attention to the individuals, the events, and the ideas that spawned federal and selected state affirmative action policies—and the resistance to those policies. Perhaps most important, it probes the key legal challenges to affirmative action in the nation's courts. The controversy over affirmative action in America has been marked by a persistent tension between its advocates, who emphasize the necessity of overcoming historical patterns of racial and gender injustice, and its critics, who insist on the integrity of color and gender blindness. In the wake of related U.S. Supreme Court decisions of 2007, Affirmative Action brings the story of one of the most embattled public policy issues of the last half century up to date, demonstrating that social justice cannot simply be legislated into existence, nor can voices on either side of the debate be ignored.
Book Synopsis A Guide to Judicial and Political Review of Federal Agencies by : John Fitzgerald Duffy
Download or read book A Guide to Judicial and Political Review of Federal Agencies written by John Fitzgerald Duffy and published by American Bar Association. This book was released on 2005 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a thorough overview of the law of judicial and political control of federal agencies. The primary focus is on the availability and scope of judicial review, but the book also discusses the control exercised by the U.S. president and Congress"--Provided by publisher.
Book Synopsis The Michigan Affirmative Action Cases by : Barbara Ann Perry
Download or read book The Michigan Affirmative Action Cases written by Barbara Ann Perry and published by . This book was released on 2007 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling look at the two closely-linked--and controversial--2003 Supreme Court decisions that revisited the practice and constitutionality of affirmative action at the college level. The result was a divided opinion that neither completely repudiated affirmative action nor completely condoned its practice.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Modern Isonomy written by Gerald Stourzh and published by University of Chicago Press. This book was released on 2021-12-03 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce"--
Book Synopsis Reconstructing Rights by : Stephan Stohler
Download or read book Reconstructing Rights written by Stephan Stohler and published by Cambridge University Press. This book was released on 2019-07-18 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how judges work in a deliberative fashion with aligned political parties to re-interpret legal and constitutional text.
Book Synopsis Racing for Innocence by : Jennifer Pierce
Download or read book Racing for Innocence written by Jennifer Pierce and published by Stanford University Press. This book was released on 2012-09-05 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is it that recipients of white privilege deny the role they play in reproducing racial inequality? Racing for Innocence addresses this question by examining the backlash against affirmative action in the late 1980s and early 1990s—just as courts, universities, and other institutions began to end affirmative action programs. This book recounts the stories of elite legal professionals at a large corporation with a federally mandated affirmative action program, as well as the cultural narratives about race, gender, and power in the news media and Hollywood films. Though most white men denied accountability for any racism in the workplace, they recounted ways in which they resisted—whether wittingly or not— incorporating people of color or white women into their workplace lives. Drawing on three different approaches—ethnography, narrative analysis, and fiction—to conceptualize the complexities and ambiguities of race and gender in contemporary America, this book makes an innovative pedagogical tool.
Book Synopsis Affirmative Action Around the World by : Thomas Sowell
Download or read book Affirmative Action Around the World written by Thomas Sowell and published by Yale University Press. This book was released on 2004-01-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent authority presents a new perspective on affirmative action in a provocative book that will stir fresh debate about this vitally important issue
Download or read book Gender Justice written by David Kirp and published by University of Chicago Press. This book was released on 1986-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.
Book Synopsis New Economic Constitutionalism in Europe by : George Gerapetritis
Download or read book New Economic Constitutionalism in Europe written by George Gerapetritis and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Economic Constitutionalism in Europe focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.
