What Brown v. Board of Education Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights DecisionJack M. Balkin NYU Press, 1. 8. 2001 - Počet stran: 257 Legal experts rewrite the landmark court decision |
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... constitutional scholars to rewrite the opinion in Brown v. Board of Education. I asked each one of them the same question: How would you have written the Brown opinion in 1954, if you knew then what you know now about the subsequent ...
... constitutional commitment to equality in our own time. Thus, rewriting the opinion today, almost fifty years after Brown, has three basic purposes. First, it is a good way to reexamine the premises of Brown and the American law of ...
... constitutional theory and constitutional interpretation. Rewriting Brown allows them to apply their theories to the difficult problems that Brown presents. It is an excellent test of what relatively abstract theories of constitutional ...
... constitutional democracy. In Brown the Court held unconstitutional wellsettled and long-established practices of many different states and thousands of localities. It struck down precedents that had stood for well over half a century ...
... constitutional sanction to an unjust status quo, but an enlightened judicial activism that protected fundamental rights and minority interests from the tyranny of majorities. According to this hagiography, Brown showed that, despite the ...
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What Brown v. Board of Education Should Have Said: The Nation's Top Legal ... Jack Balkin Náhled není k dispozici. - 2002 |