A Short Introduction to Bias in the Law, Legal Latin in Practice

Book - 2017
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"Over the last two decades, the Supreme Court has increasingly turned to the concept of 'animus' - that is, a dislike of a particular group - to explain why some instances of discrimination are unconstitutional. However, the Court's condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group's equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William D. Araiza analyzes some of the modern Supreme Court's most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today's landmark cases, including Obergefell v. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Drawing on the facts of those cases, Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus and explaining why the prohibition against it matters more today than ever in our pluralistic society"--Unedited summary from book jacket.
Publisher: New York : New York University, 2017
ISBN: 9781479846030
Branch Call Number: History 340.11 Ara


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