Описание: In The Making of Reverse Discrimination Ellen Messer-Davidow offers a fresh and incisive analysis of the legal-judicial discourse of DeFunis v. Odegaard (1974) and Regents of the University of California v. Bakke (1978), the first two cases challenging race-conscious admissions to professional schools to reach the US Supreme Court. While the voluminous literature on DeFunis and Bakke has focused on the Supreme Court’s far from definitive answers to important constitutional questions, Messer-Davidow closely examines each case from beginning to end. She investigates the social surrounds where the cases incubated, their tours through the courts, and their aftereffects. Her analysis shows how lawyers and judges used the mechanisms of language and law to narrow the conflict to a single white male applicant and a single white-dominated university program to dismiss the historical, sociological, statistical, and experiential facts of “systemic racism” and thereby to assemble “reverse discrimination” as a new object of legal analysis.In exposing the discursive mechanisms that marginalized the interests of applicants and communities of color, Messer-Davidow demonstrates that the construction of facts, the reasoning by precedent, and the invocation of constitutional principles deserve more scrutiny than they have received in the scholarly literature. Although facts, precedents, and principles are said to bring stability and equity to the law, Messer-Davidow argues that the white-centered narratives of DeFunis and Bakke not only bleached the color from equal protection but also served as the template for the dozens of anti-affirmative action projects—lawsuits, voter referenda, executive orders—that conservative movement organizations mounted in the following years.
Описание: Offers a fresh and incisive analysis of the legal-judicial discourse of DeFunis v. Odegaard (1974) and Regents of the University of California v. Bakke (1978), the first two cases challenging race-conscious admissions to professional schools to reach the US Supreme Court.
Описание: The sole source of protection for many workers in precarious jobs, this book reveals gaps in the enforcement of employment standards in Ontario, Canada, and offers a bold vision for change drawing on innovative initiatives emerging elsewhere.
Описание: This is a collection of essays by some of the world`s leading experts in international human rights law. Focusing on protection challenges, it exposes conceptual problems, legal efforts to respond to changing realities, weaknesses of implementation institutions, and practical issues in applying human rights law to the Israeli-Palestinian conflict.
Описание: Tells the human story behind the bureaucratic process of fighting for justice in the US workplace. Based on extensive fieldwork in Northern California, the author investigates the array of gatekeepers with whom workers must negotiate in the labor standards enforcement bureaucracy and, ultimately, the limited reach of formal legal protections.
Описание: In this novel approach to law and literature, Robert Barsky delves into the canon of so-called Great Books, and discovers that many beloved characters therein encounter obstacles similar to those faced by contemporary refugees and undocumented persons.
The struggles of Odysseus, Moses, Aeneas, Dante, Satan, Dracula and Alice in Wonderland, among many others, provide surprising insights into current discussions about those who have left untenable situations in their home countries in search of legal protection.
Law students, lawyers, social scientists, literary scholars and general readers who are interested in learning about international refugee law and immigration regulations in home and host countries will find herein a plethora of details about border crossings, including those undertaken to flee pandemics, civil unrest, racism, intolerance, war, forced marriage, or limited opportunities in their home countries.
Автор: Chirwa Danwood Mzikenge Название: Protection of Economic, Social and Cultural Rights in Africa ISBN: 1316625869 ISBN-13(EAN): 9781316625866 Издательство: Cambridge Academ Рейтинг: Цена: 7762.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book investigates and analyses models of protecting economic, social and cultural rights in Africa, examining domestic, sub-regional and regional arrangements and the jurisprudence that these models have generated since the 1990s. The chapters are written by leading legal academics with a wealth of experience within Africa`s legal systems.
Описание: This book investigates and analyses models of protecting economic, social and cultural rights in Africa, examining domestic, sub-regional and regional arrangements and the jurisprudence that these models have generated since the 1990s. The chapters are written by leading legal academics with a wealth of experience within Africa`s legal systems.
Автор: Lulf Название: Conflict Displacement and Legal Protection ISBN: 1138326836 ISBN-13(EAN): 9781138326835 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together the three relevant fields of international and regional law: Analysing the role of the 1951 Refugee Convention, the European Union`s Recast Qualification Directive and the European Convention on Human Rights.
Описание: The book gives insightinto the structures and developments of the fundamental rights protection inEurope which is effective at the levels of the national Constitutions, theEuropean Convention of Human Rights and, for the EU member States of the EUFundamental Rights Charter. The contributions of renowned academics fromvarious European countries demonstrate the functional interconnection of theseprotection systems which result in an increasing convergence. Basic questionsare reflected, such as human dignity as foundation of fundamental rights orpositive action as a specific form of equality as well as the concept of rightsconvergence. In this latter contribution the forms of direct reception of adifferent legal order and of the functional transfer of principles and conceptsare analyzed. Particular reference is made to the EU Charter, the UnitedKingdom Human Rights Act as well as to France and Germany. It becomes obvioushow important interpretation is for the harmonization of national andconventional fundamental rights protection. Traditional institutionalapproaches like the dualist transformation concept in Germany are functionallyset aside in the harmonization process through constitutional interpretation. Specificstudies are dedicated to the field of the EU Fundamental Rights Charter and to theEuropean impacts on the national fundamental rights protection in selectedcountries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Автор: Arnardottir Oddny Mjoll Название: Shifting Centres of Gravity in Human Rights Protection ISBN: 113812124X ISBN-13(EAN): 9781138121249 Издательство: Taylor&Francis Рейтинг: Цена: 22968.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States.
Описание: This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade.
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