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Post-Racial Constitutionalism and the Roberts Court
This book examines and critiques how the United States Supreme Court under the leadership of Chief Justice John Roberts perpetuates structural inequality.
The Internet and Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
The Harm in Hate Speech
Every liberal democracy has laws or codes against hate speech, except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, the author argues that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense, by depicting a religious leader as a terrorist in a newspaper cartoon, for example, is not the same as launching a libelous attack on a group's dignity, according to the author, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public...
Fight the Power
Fight the Power considers timely social justice issues for Black people in America through the lens hip-hop lyrics.
Unfit for Democracy
Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent, illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy-- From back cover.
The Death of Affirmative Action?
Affirmative action in college admissions has been a polarizing policy since its inception, decried by some as unfairly biased and supported by others as a necessary corrective to institutionalized inequality. In recent years, the protected status of affirmative action has become uncertain, as legal challenges chip away at its foundations. This book looks through a sociological lens at both the history of affirmative action and its increasingly tenuous future. J. Scott Carter and Cameron D. Lippard first survey how and why so-called "colorblind" rhetoric was originally used to frame affirmative action and promote a political ideology. The authors then provide detailed examinations of a host of recent Supreme Court cases that have sought to threaten or undermine it. Carter and Lippard analyze why the arguments of these challengers have successfully influenced widespread changes in attitude toward affirmative action, concluding that the discourse and arguments over these policies are yet more unfortunate manifestations of the quest to preserve the racial status quo in the United States.
European and US Constitutionalism
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Racing to Justice
In Racing to Justice, renowned social justice advocate john a. powell persuasively argues that we have yet to achieve a truly post-racial society and that there is much work to be done to redeem the American promise of inclusive democracy. Gathered from a decade of writing about social justice and spirituality, these meditations on race, identity, and social policy provide an outline for laying claim to our shared humanity and a way toward healing ourselves and securing our future. With an updated foreword and a new chapter on polarization, this new edition continues to challenge us to replace the attitudes and institutions that promote and perpetuate social suffering with those that foster relationships and a way of being that transcends disconnection and separation. Racing to Justice is a thought-provoking book that offers readers a look into the issues that continue to plague our society. It is reminder that we have yet to address and reckon with the challenges we face in providing equal opportunities for all people in this country and the world.
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