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Racial Discrimination and Affirmative Action: The Meaning of Equal Protection

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.008
Subject:
Law, Constitutional and Administrative Law

This chapter begins with a discussion of the coverage of the Equal Protection Clause in the Constitution. It then turns to a study of how equal protection principles have played out in practice, in ... More


Discrimination on the Basis of Sex, Sexual Orientation, and Other Characteristics: Translating 1 Equal Protection

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.009
Subject:
Law, Constitutional and Administrative Law

Race discrimination was the original target of the Equal Protection Clause of the Fourteenth Amendment and remains in modern times the archetypal example of the type of discrimination the clause was ... More


Lockstepping State Constitutional Rights with Federal Constitutional Law

Robert F. Williams

in The Law of American State Constitutions

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195343083
eISBN:
9780199866960
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343083.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the practice — adopted by a number of state courts — of stating that state constitutional rights provisions will be interpreted identically to, or in “lockstep” with, similar ... More


The Final Decision

Alan M. Dershowitz

in Supreme Injustice: How the High Court Hijacked Election 2000

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195158076
eISBN:
9780199869848
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195158075.003.0003
Subject:
Political Science, American Politics

Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of ... More


Regulatory Rights

in Regulatory Rights: Supreme Court Activism, the Public Interest, and the Making of Constitutional Law

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226944715
eISBN:
9780226944739
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226944739.003.0004
Subject:
Law, Company and Commercial Law

This chapter discusses the reach of rational instrumentalism in the Supreme Court's development of substantive rights in order to explain and appreciate how thoroughly instrumentalism predominates. ... More


School Finance

Lucas A. Powe Jr.

in America's Lone Star Constitution: How Supreme Court Cases from Texas Shape the Nation

Published in print:
2018
Published Online:
September 2018
ISBN:
9780520297807
eISBN:
9780520970014
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520297807.003.0007
Subject:
Political Science, American Politics

This chapter discusses the legal battles over school finance in Texas. Texas was an Anglo-ruled state with two minorities as second-class citizens: blacks and Hispanics. Hernandez v. Texas and the ... More


Brown v. Board of Education

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0013
Subject:
Law, Legal History

Brown v Board of Education, which held that state-sanctioned racially-segregated schools violated the Equal Protection Clause of the Fourteenth Amendment, was the most significant Supreme Court ... More


Bush v. Gore

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0021
Subject:
Law, Legal History

Bush v Gore brought settlement to the dispute over the vote count in Florida in the presidential election of 2000 which in turn determined that George W. Bush would become the next President. A case ... More


All Things in Proportion? The United States

Alec Stone Sweet and Jud Mathews

in Proportionality Balancing and Constitutional Governance: A Comparative and Global Approach

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198841395
eISBN:
9780191876912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198841395.003.0004
Subject:
Political Science, Political Theory

This chapter considers constitutional rights doctrines of the United States in light of the global spread of proportionality. It challenges the view that proportionality is alien to the American ... More


Assessing Health-Care System Performance against the Four Core Aims of Health-Care Policy

Gunnar Almgren

in Health Care as a Right of Citizenship: The Continuing Evolution of Reform

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231170130
eISBN:
9780231543316
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170130.003.0007
Subject:
Political Science, Public Policy

Previous chapters have provided the historical context and the justification for a set of four core aims of health care policy in light of the requisites of citizenship in a democratic society, and ... More


An Ignored Jurisprudence: Bush v. Gore

Edward A. Jr. Purcell Jr.

in Antonin Scalia and American Constitutionalism: The Historical Significance of a Judicial Icon

Published in print:
2020
Published Online:
June 2020
ISBN:
9780197508763
eISBN:
9780197508794
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197508763.003.0008
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter examines Justice Antonin Scalia’s actions in the notorious case of Bush v. Gore. There, five conservative justices voted to stop the recount of the Florida vote in the election of 2000 ... More


Desegregation Policy and the Law

David J. Armor

in Forced Justice: School Desegregation and the Law

Published in print:
1995
Published Online:
November 2020
ISBN:
9780195090123
eISBN:
9780197560624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780195090123.003.0005
Subject:
Education, Schools Studies

Between the landmark Brown v. Board of Education decision in 1954 and Supreme Court decisions in 1991 and 1992, civil rights laws and policies, especially those affecting schools, have undergone ... More


From the Ideology of the Township to the Gospel of Germs

Werner Troesken

in The Pox of Liberty: How the Constitution Left Americans Rich, Free, and Prone to Infection

Published in print:
2015
Published Online:
January 2016
ISBN:
9780226922171
eISBN:
9780226922195
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226922195.003.0002
Subject:
History, Economic History

This chapter describes how the evolution of three ideologies simultaneously influenced economic development and the provision of public health in American history. The first of these was the ideology ... More


Taxpayers and Taxeaters: Poverty and the Constitution

Camille Walsh

in Racial Taxation: Schools, Segregation, and Taxpayer Citizenship, 1869-1973

Published in print:
2018
Published Online:
September 2018
ISBN:
9781469638942
eISBN:
9781469638959
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469638942.003.0007
Subject:
History, African-American History

Chapter Six focuses on how demands for racial integration in education after Brown also frequently deployed tax-based activism to achieve their ends, from busing cases to the important, though brief, ... More


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