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Author: Anthony Santoro
Publisher: UPNE
ISBN: 1555538185
Category : Social Science
Languages : en
Pages : 330
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Book Description
With passion and precision, Exile and Embrace examines the key elements of the religious debates over capital punishment and shows how they reflect the values and self-understandings of contemporary Americans. Santoro demonstrates that capital punishment has relatively little to do with the perpetrators and much more to do with those who would impose the punishment. Because of this, he convincingly argues, we should focus our attention not on the perpetrators and victims, as is typically the case in debates pro and con about the death penalty, but on ourselves and on the mechanisms that we use to impose or oppose the death penalty. An important book that will appeal to those involved in the death penalty debate and to general religious studies and American studies scholars, as well.
Author: Anthony Santoro
Publisher: UPNE
ISBN: 1555538185
Category : Social Science
Languages : en
Pages : 330
Get Book Here
Book Description
With passion and precision, Exile and Embrace examines the key elements of the religious debates over capital punishment and shows how they reflect the values and self-understandings of contemporary Americans. Santoro demonstrates that capital punishment has relatively little to do with the perpetrators and much more to do with those who would impose the punishment. Because of this, he convincingly argues, we should focus our attention not on the perpetrators and victims, as is typically the case in debates pro and con about the death penalty, but on ourselves and on the mechanisms that we use to impose or oppose the death penalty. An important book that will appeal to those involved in the death penalty debate and to general religious studies and American studies scholars, as well.
Author: R. Jonathan Moore
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802840442
Category : Law
Languages : en
Pages : 225
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Book Description
When John W. Whitehead founded The Rutherford Institute as a Christian legal advocacy group in 1982, he was interested primarily in the First Amendment's religion clause, serving clients only when religious freedom was at stake. By the mid-1990s, however, religious rights were but one subset of all the freedoms that he saw threatened by an invasive government. In Suing for America's Soul R. Jonathan Moore examines the foundation and subsequent practices of The Rutherford Institute, helping to explain the rise of conservative Christian legal advocacy groups in recent decades. Moore exposes the effects -- good and bad -- that such legal activism has had on the evangelical Protestant community. Thought-provoking and astute, Suing for America's Soul opens a revealing window onto evangelical Protestantism at large in late-twentieth-century America.
Author: Douglas Laycock
Publisher: Wm. B. Eerdmans Publishing
ISBN: 1467451371
Category : Law
Languages : en
Pages : 981
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Book Description
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious-liberty cases in the United States Supreme Court. His noteworthy scholarly and popular writings are being collected in five comprehensive volumes under the title Religious Liberty. In this final volume Laycock documents the use of the Constitution’s Free Speech Clause and Establishment Clause in legal briefs, scholarly and popular articles, House testimonies, and written debates. These two clauses have been vitally important in religious-liberty cases concerning religious speech in schools, politics, and the workplace, government funding of religious schools and social services, and the meaning of separation of church and state.
Author: Linda C. McClain
Publisher: Oxford University Press
ISBN: 0190877219
Category : Law
Languages : en
Pages : 305
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Book Description
Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.
Author: United States. Supreme Court
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 656
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Book Description
Author: Leonard Williams Levy
Publisher: Ivan R. Dee Publisher
ISBN:
Category : History
Languages : en
Pages : 588
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Book Description
Origins probes the intentions of the framers of the Fifth Amendment.
Author: Cristiana Sappa
Publisher: Edward Elgar Publishing
ISBN: 1803927267
Category : Law
Languages : en
Pages : 539
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Book Description
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
Author: David L. Faigman
Publisher: Macmillan
ISBN: 1429923393
Category : Political Science
Languages : en
Pages : 653
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Book Description
From the American Revolution to the genetic revolution, to race and abortion rights, legal expert David L. Faigman’s Laboratory of Justice examines the U.S. Supreme Court’s uneasy attempts to weave science into the Constitution. Suppose that scientists identify a gene that predicts that a person is likely to commit a serious crime. Laws are then passed making genetic tests mandatory, and anyone displaying the gene is sent to a treatment facility. Would the laws be constitutional? In this illuminating history, Laboratory of Justice: The Supreme Court’s 200-Year Struggle to Integrate Science and the Law, legal scholar David L. Faigman reveals the tension between the conservative nature of the law and the swift evolution of scientific knowledge. The Supreme Court works by precedent, embedding the science of an earlier time into our laws. In the nineteenth century, biology helped settle the “race question” in the famous Dred Scott case; not until a century later would cutting-edge sociological data end segregation with Brown v. Board of Education. In 1973, Roe v. Wade set a standard for the viability of a fetus that modern medicine could render obsolete. And how does the Fourth Amendment apply in a world filled with high-tech surveillance devices? To ensure our liberties, Faigman argues, the Court must embrace science, turning to the lab as well as to precedent. “Faigman takes the Supreme Court to task for persistently failing to inquire into the merits of the scientific evidence in the cases before it.”—Daniel J. Kevles, Legal Affairs “Faigman is one attorney who hasn’t shied away from insisting that judges stay up to speed with scientific knowledge.”—The Christian Science Monitor
Author: Lauren B. Edelman
Publisher: University of Chicago Press
ISBN: 022640093X
Category : Social Science
Languages : en
Pages : 364
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Book Description
Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
Author: Emily M. Calhoun
Publisher: Oxford University Press
ISBN: 019991043X
Category : Law
Languages : en
Pages : 185
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Book Description
Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.
