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.
"Contributors to Oakes’s volume pursue an empirical and theoretical examination of equal protection in the United States, focusing 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."
Law and Social Inquiry Journal
Controversies in American Constitutional Law presents and engages with the contemporary developments and policies which mould and challenge U.S. constitutional law and practice. It deals with the full spectrum of constitutional issues, publishing work by scholars from a range of disciplines who tackle current legal issues by reference to their underlying legal and political histories and the philosophical perspectives that they represent. Its cross-disciplinary approach encourages analysis of past, present and future challenges to the idea of U.S. constitutionalism and the power structures upon which it rests. The series provides a forum for scholars to challenge the boundaries of U.S. constitutional law and engages with the continual process of constitutional refinement for the protection of individual rights and liberties, within an evolving framework of legitimate government. CALS promotes research, scholarship, and educative programs in all areas of U.S. law, and is the home of the British Journal of American Legal Studies. Faculty members have extensive experience in submitting amicus curiae briefs to the United States Supreme Court and lower federal courts, and advising on criminal justice issues in many states. CALS coordinates the largest British law undergraduate internship program to the United States. Through this program, and members' research, CALS has created relationships with over one hundred partners in over twenty-five states. CALS faculty advise public bodies and provides professional training and speakers at conferences across the USA.
Series Editors, Dr Jon Yorke and Dr Anne Richardson Oakes, Centre for American Legal Studies, School of Law, Birmingham City University, UK