[PDF] Affirmative Action Justice Oconnors Opinions Rs22191 eBook

Author : Charles V. Dale
Publisher :
Page : 0 pages
File Size : 34,61 MB
Release : 2005
Category :
ISBN :

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An examination of Justice O'Connor's opinions reveals a gradual shift in perspective regarding the legal and constitutional standards to be applied in evaluating governmental affirmative action efforts, and the manner of their application in various legal and factual settings. This report briefly surveys decisions of retiring Justice Sandra Day O'Connor in affirmative action cases, an area where her opinions have frequently determined the outcome.

Author : Girardeau A. Spann
Publisher : NYU Press
Page : 340 pages
File Size : 27,41 MB
Release : 2000
Category : Affirmative action programs
ISBN : 9780814781401

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The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.

Author : Crystal Chambers
Publisher :
Page : 8 pages
File Size : 45,21 MB
Release : 2012
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In signing off the majority opinion in "Grutter v. Bollinger," Justice Sandra Day O'Connor opined, "That 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today" (2003, p. 342). The Supreme Court's acceptance of "Fisher v. University of Texas," however, may signal an end to affirmative action, with or without an ending of need. This learning brief is divided as follows: (1) the Supreme Court and its case selection process, (2) the law related to affirmative action, and (3) the future of race conscious policies in higher education. A list of references and suggested readings is provided. [This document presents a commentary on: "Affirmative Action on the Docket" by Scott Jaschik published in "Inside HigherEd" February 21, 2012. "Affirmative Action on the Docket," its commentary, a list of suggested readings, and discussion questions are included.].

Author : J. M. Balkin
Publisher : Harvard University Press
Page : 305 pages
File Size : 23,88 MB
Release : 2011-05-09
Category : History
ISBN : 0674058747

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Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

Author : Nicholas Aroney
Publisher : Cambridge University Press
Page : 447 pages
File Size : 10,17 MB
Release : 2009-02-19
Category : Law
ISBN : 0521888646

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This book describes how ideas about federalism influenced those who drafted the Australian Constitution.

Author : Andrew Nolan
Publisher :
Page : 40 pages
File Size : 10,42 MB
Release : 2019-11-03
Category :
ISBN : 9781705363669

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The National Popular Vote (NPV) initiative proposes an agreement among the states, an interstate compact that would effectively achieve direct popular election of the President and Vice President without a constitutional amendment. It relies on the Constitution's grant of authority to the states in Article II, Section 1 to appoint presidential electors "in such Manner as the Legislature thereof may direct.... " Any state that joins the NPV compact pledges that if the compact comes into effect, its legislature will award all the state's electoral votes to the presidential ticket that wins the most popular votes nationwide, regardless of who wins in that particular state. The compact would, however, come into effect only if its success has been assured; that is, only if states controlling a majority of electoral votes (270 or more) join the compact. At present, 15 states and the District of Columbia, jointly accounting for 196 electoral votes, have joined the compact. Adoption of the compact in the states has been uneven: after approval by 8 states and the District of Columbia between 2007 and 2011, the pace slowed, but since 2018, the compact has regained momentum as 5 additional states with 31 electoral votes joined. As of October 2019, NPV legislation was pending in 2 states with a total of 25 electoral votes where the legislature was in session. In 5 other states with 45 votes, NPV remained "live" and eligible to be "carried over" for consideration when their legislatures reconvene for their 2020 session. Opposition has emerged in some states.

Author : Kent Roach
Publisher :
Page : 372 pages
File Size : 32,51 MB
Release : 2001
Category : Law
ISBN :

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This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?