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Controversies in Equal Protection Cases in America: Race, Gender and Sexual Orientation

Controversies in Equal Protection Cases in America: Race, Gender and Sexual Orientation

Author: Anne Richardson Oakes
Publisher: Routledge
ISBN: 9781409454274
Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms.

Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice.

The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.

Introduction: equal protection and the problem of identity Anne Richardson Oakes

Part I

Equality and the Dead End of Equal Protection: Original sins, continuing wrongs: equality, democracy and supremacy in the United States under judicial review, Francisco Valdes

Equal protection’s dead end, or the slave’s undying claim, Sora Han

Part II

The Formulae for Stasis: Equal protection as intentional blindness, Ian F. Haney López

Judging opportunity lost: race-based affirmative action and equality jurisprudence after Fisher v. University of Texas, Mario L. Barnes, Angela Onwuachi-Willig and Erwin Chemerinsky

The troubled adolescence of City of Boerne v. Flores, William D. Araiza

Part III

Racial Justice in Education: Racial liberalism and school desegregation jurisprudence: notes toward a more usable past, Michael Paris

Supreme Court opinions on equal protection in education and their use of social science research, Janet W. Schofield and Pat K. Chew

The state’s compelling interest in substantive equality, Jennifer S. Hendricks

Part IV

The Possibilities of Equal Protection: Ball of con(stitutional)fusion: the Supreme Court’s evolving gay rights jurisprudence, John G. Culhane

Unequal protection for sex and gender nonconformists, Julie A. Greenberg

Bringing equal protection out of the tax closet, Anthony C. Infanti

Part V

Pushing the Boundaries: Equal protection and the immigrant: legislating our way towards two Americas, Laura A. Hernández

Applying an equal protection methodology to speech and religion cases, Patrick M. Garry

Equal protection and environmental justice: a matter of unconscious injustice?, Haydn Davies

Afterword: from identity to the responsive state, Martha Albertson Fineman

Index.

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