Constitutional Theory: Arguments and PerspectivesMichie Company, 1993 - 419 pages |
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Page 297
... standard , and the special protection rule is simply the female standard , but do not be deceived : masculinity , or maleness , is the referent for both . Think about it like those anatomy models in medical school . A male body is the ...
... standard , and the special protection rule is simply the female standard , but do not be deceived : masculinity , or maleness , is the referent for both . Think about it like those anatomy models in medical school . A male body is the ...
Page 300
... standard of these rules doesn't give women the dignity of the single standard ; it also does not ( as the differences standard does ) suppress the gender of its referent , which is , of course , the female gender . I must also confess ...
... standard of these rules doesn't give women the dignity of the single standard ; it also does not ( as the differences standard does ) suppress the gender of its referent , which is , of course , the female gender . I must also confess ...
Page 304
... standard men set ) to the way the world is ( also implicitly modeled on the standard men set ) any existing differences must be negated to merit equal treatment . For ethnicity as well as for gender , it is basic to main- stream ...
... standard men set ) to the way the world is ( also implicitly modeled on the standard men set ) any existing differences must be negated to merit equal treatment . For ethnicity as well as for gender , it is basic to main- stream ...
Contents
Part I | 1 |
The Relevance of Theory to Recent Events | 10 |
The Judicial Function and the Idea of Principled | 17 |
Copyright | |
34 other sections not shown
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Common terms and phrases
American approach to constitutional argues argument aspirations Bork Bork's Cass Sunstein choice claim clause conception Congress conservative consti constitutional adjudication constitutional interpretation constitutional law constitutional theory constitutionally Critical Legal Studies critique debate decisionmaking decisions democracy democratic dissenting doctrine due process economic equal protection equal protection clause federal feminist Fiss Fourteenth Amendment framers fundamental gender governmental HARV individual rights interpretivism issues John Hart Ely judges judicial review jurisprudence Justice Laurence Tribe Law School legislative legislature liberal liberty majoritarian majority meaning ment Michelman moral neutral nonoriginalist norm original intent original understanding originalist overruling particular Perry perspective political pragmatism pragmatist President principles problem Professor question racial ratified reason Rehnquist republican Richard Richard Posner role rules Scalia scholars sex discrimination social society stare decisis structure substantive Sunstein Supreme Court Suzanna Sherry theorists tion tional tradition Tushnet tutional United vote women YALE L.J.
References to this book
To Secure These Rights: The Declaration of Independence and Constitutional ... Scott Douglas Gerber No preview available - 1996 |