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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 Constitutionalization of American Family Law: The Case of the Right to Marry

Jerome A. Barron

in Cross Currents: Family Law and Policy in the US and England

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198268208
eISBN:
9780191683442
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268208.003.0012
Subject:
Law, Family Law

Under the U.S. Constitution, the freedom to marry, or not marry, a person of another race resides in the individual and cannot be infringed by the State. Chief Justice Earl Warren protected the ... 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


Integration Rights: Girls Playing with Boys and Boys Playing with Girls

Deborah L. Brake

in Getting in the Game: Title IX and the Women's Sports Revolution

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814799659
eISBN:
9780814789797
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814799659.003.0003
Subject:
Law, Human Rights and Immigration

This chapter examines integration rights as an important qualification to sex-separate opportunities and how such rights help mitigate, if not eliminate, the downsides of sex separation in sports. ... More


2 Integration Rights: Girls Playing with Boys and Boys Playing with Girls

Deborah L. Brake

in Getting in the Game: Title IX and the Women's Sports Revolution

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814799659
eISBN:
9780814789797
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814799659.003.0003
Subject:
Law, Human Rights and Immigration

This chapter examines integration rights as an important qualification to sex-separate opportunities and how such rights help mitigate, if not eliminate, the downsides of sex separation in sports. ... 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


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


How Not to Integrate

Sharon A. Stanley

in An Impossible Dream?: Racial Integration in the United States

Published in print:
2017
Published Online:
March 2017
ISBN:
9780190639976
eISBN:
9780190640002
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190639976.003.0002
Subject:
Political Science, Political Theory, American Politics

Chapter 1 examines the legal battle over the meaning of desegregation in the wake of Brown v. Board of Education. It designates two competing positions in this battle: a minimalist and an aggressive ... More


Family Law and Inheritance

Hiroshi Oda

in Japanese Law

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198869474
eISBN:
9780191905810
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869474.003.0011
Subject:
Law, Comparative Law

Family law in Japan has been democratised after the Second World War. There are two recent cases where a provision of the Civil Code (family law part) was found to be unconstitutional for the breach ... More


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