Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Beyond Race, Sex, and Sexual Orientation: Legal Equality Without Identity


ISBN13: 9781107515406
Published: December 2014
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £21.99



Despatched in 6 to 8 days.

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems.

The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against.

Subjects:
Discrimination Law, Jurisprudence
Contents:
Part I. Identity versus Powers:
1. Suspect class and the dilemma of identity
2. A powers review

Part II. Race: 3. How constitutional law rationalizes racism
4. Why racial profiling is based on animus

Part III. Sex and Sexuality:
5. The puzzle of intermediate scrutiny
6. Same-sex marriage and the disestablishment of marriage.