ABSTRACT

This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.

chapter 1|16 pages

Introduction

Equal Protection and the Problem of Identity

part I|48 pages

Equality and the Dead End of Equal Protection

chapter 2|30 pages

Original Sins, Continuing Wrongs

Equality, Democracy, and Supremacy in the U.S. Under Judicial Review

part II|54 pages

The Formulae for Stasis

chapter 5|18 pages

Judging Opportunity Lost

Race-based Affirmative Action and Equality Jurisprudence After Fisher v. University of Texas

part IV|60 pages

The Possibilities of Equal Protection

chapter 10|18 pages

Ball of Con(stitutional)Fusion

The Supreme Court's Evolving Gay Rights Jurisprudence

part V|50 pages

Pushing the Boundaries

chapter 13|16 pages

Equal Protection and the Immigrant

Legislating Our Way Toward Two Americas

chapter 15|16 pages

Equal Protection and Environmental Justice

A Matter of Unconscious Injustice?

part VI|18 pages

Afterword

chapter |16 pages

Afterword

From Identity to the Responsive State