Legislated Inequality

Legislated Inequality

Author: Patti Tamara Lenard

Publisher: McGill-Queen's Press - MQUP

Published: 2012

Total Pages: 419

ISBN-13: 0773540415

DOWNLOAD EBOOK

A timely analysis of Canadian temporary labour migration policies.


Constitutional Inequality

Constitutional Inequality

Author: Gilbert Steiner

Publisher: Brookings Institution Press

Published: 2011-04-01

Total Pages: 132

ISBN-13: 9780815714293

DOWNLOAD EBOOK

Traces the history of the Equal Rights Amendment, explains why it failed to pass, and assesses its chances for future passage.


The Legal Foundations of Inequality

The Legal Foundations of Inequality

Author: Roberto Gargarella

Publisher: Cambridge University Press

Published: 2010-04-12

Total Pages: 287

ISBN-13: 1139485989

DOWNLOAD EBOOK

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.


Language and the Law

Language and the Law

Author: Douglas A. Kibbee

Publisher: Cambridge University Press

Published: 2016-07-25

Total Pages: 245

ISBN-13: 1316785122

DOWNLOAD EBOOK

Language policy is a topic of growing importance around the world, as issues such as the recognition of linguistic diversity, the establishment of official languages, the status of languages in educational systems, the status of heritage and minority languages, and speakers' legal rights have come increasingly to the forefront. One fifth of the American population do not speak English as their first language. While race, gender and religious discrimination are recognized as illegal, the US does not currently accord the same protections regarding language; discrimination on the basis of language is accepted, and even promoted, in the name of unity and efficiency. Setting language within the context of America's history, this book explores the diverse range of linguistic inequalities, covering voting, criminal and civil justice, education, government and public services, and the workplace, and considers how linguistic differences challenge our fundamental ideals of democracy, justice and fairness.


Inequality Reexamined

Inequality Reexamined

Author: Amartya Sen

Publisher: Harvard University Press

Published: 1995-03-15

Total Pages: 228

ISBN-13: 0674256611

DOWNLOAD EBOOK

The noted economist and philosopher Amartya Sen argues that the dictum “all people are created equal” serves largely to deflect attention from the fact that we differ in age, gender, talents, and physical abilities as well as in material advantages and social background. He argues for concentrating on higher and more basic values: individual capabilities and freedom to achieve objectives. By concentrating on the equity and efficiency of social arrangements in promoting freedoms and capabilities of individuals, Sen adds an important new angle to arguments about such vital issues as gender inequalities, welfare policies, affirmative action, and public provision of health care and education.


Law & Education Inequality

Law & Education Inequality

Author: Susan C. Bon

Publisher: IAP

Published: 2015-07-01

Total Pages: 195

ISBN-13: 1681231751

DOWNLOAD EBOOK

Over the past decade, No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality? The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.


Communities in Action

Communities in Action

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2017-04-27

Total Pages: 583

ISBN-13: 0309452961

DOWNLOAD EBOOK

In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.


Rights on Trial

Rights on Trial

Author: Ellen Berrey

Publisher: University of Chicago Press

Published: 2017-06-22

Total Pages: 366

ISBN-13: 022646699X

DOWNLOAD EBOOK

Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.


Legislated Inequality

Legislated Inequality

Author: Patti Tamara Lenard

Publisher: McGill-Queen's Press - MQUP

Published: 2012-09-01

Total Pages: 408

ISBN-13: 0773586938

DOWNLOAD EBOOK

Historically, Canada has adopted immigration policies focused on admitting migrants who were expected to become citizens. A dramatic shift has occurred in recent years as the number of temporary labourers admitted to Canada has increased substantially. Legislated Inequality critically evaluates this radical development in Canadian immigration, arguing that it threatens to undermine Canada's success as an immigrant nation. Assessing each of the four major temporary labour migration programs in Canada, contributors from a range of disciplines - including comparative political science, philosophy, and sociology - show how temporary migrants are posed to occupy a permanent yet marginal status in society and argue that Canada's temporary labour policy must undergo fundamental changes in order to support Canada's long held immigration goals. The difficult working conditions faced by migrant workers, as well as the economic and social dangers of relying on temporary migration to relieve labour shortages, are described in detail. Legislated Inequality provides an essential critical analysis of the failings of temporary labour migration programs in Canada and proposes tangible ways to improve the lives of labourers. Contributors include Abigail B. Bakan (Queen's University), Tom Carter (University of Manitoba), Sarah D'Aoust (University of Ottawa), Christina Gabriel (Carleton University), Jill Hanley (McGill University), Jenna Hennebry (Wilfrid Laurier University), Christine Hughes (Carleton University), Karen D. Hughes (University of Alberta), Jahhon Koo (McGill University), Patti Tamara Lenard (University of Ottawa), Laura Macdonald (Carleton University), Janet McLaughlin (Wilfrid Laurier University), Delphine Nakache (University of Ottawa), Jacqueline Oxman-Martinez (Université de Montréal), Kerry Priebisch (University of Guelph), André Rivard (University of Windsor), Nandita Sharma (University of Hawaii), Eric Shragge (Concordia University), Denise Spitzer (University of Ottawa), Daiva Stasuilus (Carleton University) Christine Straehle (University of Ottawa), Patricia Tomic (University of British Columbia, Okanagan), Sarah Torres (University of Ottawa), and Richard Trumper (University of British Columbia, Okanagan).


Plessy v. Ferguson

Plessy v. Ferguson

Author: Williamjames Hull Hoffer

Publisher: University Press of Kansas

Published: 2012-04-16

Total Pages: 232

ISBN-13: 0700618473

DOWNLOAD EBOOK

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination-but ultimately fell short of that goal, leading to the Supreme Court's landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case. In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed "equal but separate accommodations" on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court's 7-1 decision in Plessy, which upheld both the Louisiana statute and the state's police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it. Hoffer's readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans' Faubourg Trem district to the justices' chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown's ruling that the statute's "equal, but separate" condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan's classic dissent, in which he stated, "Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens." Hoffer's compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.