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Author: Alice Taylor Publisher: Bloomsbury Publishing ISBN: 1509952934 Category : Law Languages : en Pages : 259
Book Description
This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Author: Katharina Pistor Publisher: Princeton University Press ISBN: 0691208603 Category : Business & Economics Languages : en Pages : 315
Book Description
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Author: Ellen Berrey Publisher: University of Chicago Press ISBN: 022646685X Category : Business & Economics Languages : en Pages : 366
Book Description
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.
Author: Wendy Leo Moore Publisher: Rowman & Littlefield ISBN: 9780742560062 Category : Law Languages : en Pages : 222
Book Description
Law schools serve as gateway institutions into one of the most politically powerful social fields: the profession of law. Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.
Author: Roberto Gargarella Publisher: Cambridge University Press ISBN: 1139485989 Category : Political Science Languages : en Pages : 287
Book Description
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author: Sophia Reibetanz Moreau Publisher: ISBN: 0190927305 Category : Law Languages : en Pages : 277
Book Description
This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.
Author: Richard Rothstein Publisher: Liveright Publishing ISBN: 1631492861 Category : Social Science Languages : en Pages : 243
Book Description
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Author: Adam Cohen Publisher: Penguin ISBN: 0735221529 Category : Political Science Languages : en Pages : 458
Book Description
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Author: Sherrilyn Ifill Publisher: The New Press ISBN: 1620973960 Category : Political Science Languages : en Pages : 49
Book Description
A frank and enlightening discussion on race and the law in America today, from some of our leading legal minds—including the bestselling author of Just Mercy This blisteringly candid discussion of the American racial dilemma in the age of Black Lives Matter brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these titans of the legal profession discuss the importance of working for justice in an unjust time. Covering topics as varied as “the commonality of pain,” “when ‘public’ became a dirty word,” and the concept of an “equality dividend” that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Sherrilyn Ifill, Loretta Lynch, Bryan Stevenson, and Anthony C. Thompson engage in a deeply thought-provoking discussion on the law’s role in both creating and solving our most pressing racial quandaries. A Perilous Path will speak loudly and clearly to everyone concerned about America’s perpetual fault line.
Author: Kristin Henning Publisher: Vintage ISBN: 1524748919 Category : Social Science Languages : en Pages : 513
Book Description
A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience representing Black youth in Washington, D.C.’s juvenile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young people and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of racism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White America and are denied healthy adolescent development. She examines the criminalization of Black adolescent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprecedented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
Author: Eric M. Uslaner Publisher: Cambridge University Press ISBN: 9780521145640 Category : Political Science Languages : en Pages : 360
Book Description
Corruption flouts rules of fairness and gives some people advantages that others don't have. Corruption is persistent; there is little evidence that countries can escape the curse of corruption easily-or at all. Instead of focusing on institutional reform, Uslaner suggests that the roots of corruption lie in economic and legal inequality and low levels of generalized trust (which are not readily changed) and poor policy choices (which may be more likely to change). Economic inequality provides a fertile breeding ground for corruption-and, in turn, it leads to further inequalities. Just as corruption is persistent, inequality and trust do not change much over time in my cross-national aggregate analyses. Uslaner argues that high inequality leads to low trust and high corruption, and then to more inequality-an inequality trap and identifies direct linkages between inequality and trust in surveys of the mass public and elites in transition countries. Eric M. Uslaner is Professor of Government and Politics at the University of Maryland-College Park, where he has taught since 1975. He has written seven books including The Moral Foundations of Trust (Cambridge University Press, 2002), and The Decline of Comity in Congress (University of Michigan Press, 1993). In 1981-82 he was Fulbright Professor of American Studies and Political Science at the Hebrew University, Jerusalem, Israel and in 2005, he was a Fulbright Senior Specialist Lecturer at Novosibirsk State Technical University, Novosibirsk, Siberia, Russia. In 2006 he was appointed the first Senior Research Fellow at the Center for American Law and Political Science at the Southwest University of Political Science and Law, Chongqing, China.
Author: Alice Taylor
Author: Katharina Pistor
Author: Ellen Berrey
Author: Wendy Leo Moore
Author: Roberto Gargarella
Author: Sophia Reibetanz Moreau
Author: Richard Rothstein
Author: Adam Cohen
Author: Sherrilyn Ifill
Author: Kristin Henning
Author: Eric M. Uslaner