Equal Citizenship, Civil Rights, and the Constitution

Equal Citizenship, Civil Rights, and the Constitution PDF Author: Christopher Green
Publisher: Routledge
ISBN: 1317539397
Category : Law
Languages : en
Pages : 272

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Book Description
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Equal Citizenship, Civil Rights, and the Constitution

Equal Citizenship, Civil Rights, and the Constitution PDF Author: Christopher Green
Publisher: Routledge
ISBN: 1317539397
Category : Law
Languages : en
Pages : 272

Get Book Here

Book Description
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Rights Vs. Privileges

Rights Vs. Privileges PDF Author: Robert De Fremery
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 144

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Book Description


Privilege and Property

Privilege and Property PDF Author: Ronan Deazley
Publisher: Open Book Publishers
ISBN: 190692418X
Category : Law
Languages : en
Pages : 438

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Book Description
What can and can't be copied is a matter of law, but also of aesthetics, culture, and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership - of privilege and property. This volume conceives a new history of copyright law that has its roots in a wide range of norms and practices. The essays reach back to the very material world of craftsmanship and mechanical inventions of Renaissance Italy where, in 1469, the German master printer Johannes of Speyer obtained a five-year exclusive privilege to print in Venice and its dominions. Along the intellectual journey that follows, we encounter John Milton who, in his 1644 Areopagitica speech 'For the Liberty of Unlicensed Printing', accuses the English parliament of having been deceived by the 'fraud of some old patentees and monopolizers in the trade of bookselling' (i.e. the London Stationers' Company). Later revisionary essays investigate the regulation of the printing press in the North American colonies as a provincial and somewhat crude version of European precedents, and how, in the revolutionary France of 1789, the subtle balance that the royal decrees had established between the interests of the author, the bookseller, and the public, was shattered by the abolition of the privilege system. Contributions also address the specific evolution of rights associated with the visual and performing arts. These essays provide essential reading for anybody interested in copyright, intellectual history and current public policy choices in intellectual property. The volume is a companion to the digital archive Primary Sources on Copyright (1450-1900), funded by the UK Arts and Humanities Research Council (AHRC): www.copyrighthistory.org.

White Privilege and Black Rights

White Privilege and Black Rights PDF Author: Naomi Zack
Publisher: Rowman & Littlefield
ISBN: 1442250569
Category : Philosophy
Languages : en
Pages : 155

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Book Description
Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Zack draws clear lines between rights and privileges and between justice and existing laws to make sense of the current crisis. This urgent and immediate analysis of the killings of unarmed black men by police officers shows how racial profiling matches statistics of the prison population with disregard for the constitutional rights of the many innocent people of all races. Moving the discussion from white privilege discourse to the rights of blacks, from ideas of white supremacy to legally protected police impunity, and from ideal and non-ideal justice theory to existing injustice, White Privilege and Black Rights examines the legal structure that has permitted the killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, and others. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

Privilege and Punishment

Privilege and Punishment PDF Author: Matthew Clair
Publisher: Princeton University Press
ISBN: 069123387X
Category : Social Science
Languages : en
Pages : 320

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Book Description
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Pastor, Church & Law

Pastor, Church & Law PDF Author: Richard R. Hammar
Publisher:
ISBN: 9780882435800
Category : Juvenile Nonfiction
Languages : en
Pages : 456

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Book Description


Practical Oracle Security

Practical Oracle Security PDF Author: Josh Shaul
Publisher: Syngress
ISBN: 0080555667
Category : Computers
Languages : en
Pages : 279

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Book Description
This is the only practical, hands-on guide available to database administrators to secure their Oracle databases. This book will help the DBA to assess their current level of risk as well as their existing security posture. It will then provide practical, applicable knowledge to appropriately secure the Oracle database. - The only practical, hands-on guide for securing your Oracle database published by independent experts. - Your Oracle database does not exist in a vacuum, so this book shows you how to securely integrate your database into your enterprise.

A Treatise Upon the Law, Privileges, Proceedings and Usage of Parliament

A Treatise Upon the Law, Privileges, Proceedings and Usage of Parliament PDF Author: Thomas Erskine May
Publisher:
ISBN:
Category :
Languages : en
Pages : 520

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Book Description


Windows Security Monitoring

Windows Security Monitoring PDF Author: Andrei Miroshnikov
Publisher: John Wiley & Sons
ISBN: 1119390877
Category : Computers
Languages : en
Pages : 658

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Book Description
Dig deep into the Windows auditing subsystem to monitor for malicious activities and enhance Windows system security Written by a former Microsoft security program manager, DEFCON "Forensics CTF" village author and organizer, and CISSP, this book digs deep into the Windows security auditing subsystem to help you understand the operating system′s event logging patterns for operations and changes performed within the system. Expert guidance brings you up to speed on Windows auditing, logging, and event systems to help you exploit the full capabilities of these powerful components. Scenario–based instruction provides clear illustration of how these events unfold in the real world. From security monitoring and event patterns to deep technical details about the Windows auditing subsystem and components, this book provides detailed information on security events generated by the operating system for many common operations such as user account authentication, Active Directory object modifications, local security policy changes, and other activities. This book is based on the author′s experience and the results of his research into Microsoft Windows security monitoring and anomaly detection. It presents the most common scenarios people should be aware of to check for any potentially suspicious activity. Learn to: Implement the Security Logging and Monitoring policy Dig into the Windows security auditing subsystem Understand the most common monitoring event patterns related to operations and changes in the Microsoft Windows operating system About the Author Andrei Miroshnikov is a former security program manager with Microsoft. He is an organizer and author for the DEFCON security conference "Forensics CTF" village and has been a speaker at Microsoft′s Bluehat security conference. In addition, Andrei is an author of the "Windows 10 and Windows Server 2016 Security Auditing and Monitoring Reference" and multiple internal Microsoft security training documents. Among his many professional qualifications, he has earned the (ISC)2 CISSP and Microsoft MCSE: Security certifications.

The Constitutional Rights, Privileges, and Immunities of the American People

The Constitutional Rights, Privileges, and Immunities of the American People PDF Author: Arnold T. Guminski
Publisher: iUniverse
ISBN: 1440125899
Category : Law
Languages : en
Pages : 378

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Book Description
The Constitutional Rights, Privileges, and Immunities of the American People explores the idea that the Supreme Court should radically revise its general theory of constitutional rights and discusses various aspects of some special theories of constitutional rights in order to ensure a sufficient universe of discourse. As a former deputy district attorney for Los Angeles County, Guminski gained a wealth of experience in preparing arguments for appellate courts. Based on his experience and careful research, he proposes a persuasive theory that explains why some but not all rights secured against infringement by the United States are also secured against infringement by the states by both the privileges or immunities and the due process clauses of the fourteenth amendment, adopted in 1868. He examines whether national citizenship before the Civil War was paramount and superior, addresses the procedural and substantive aspects of the due process clause, and recites the reasons supporting his general theory. In presenting the essentials of his theory about how the Constitution should be judicially construed, Guminski thereby encourages other citizens to express their own opinions about constitutional law with the hope that these views may one day have an impact on the way the Supreme Court interprets the Constitution.