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Look Inside Diversity Judgments

Diversity Judgments
Democratizing Judicial Legitimacy

$49.99 (P)

  • Publication planned for: February 2022
  • availability: Not yet published - available from February 2022
  • format: Paperback
  • isbn: 9781108440066

$ 49.99 (P)

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About the Authors
  • The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.

    • Argues that the US Supreme Court's deliberative process does not adequately reflect the gender, race, and sexuality make-up of the nation
    • Explains how the Court currently decides its most important cases, with detailed examples
    • Shows how the Court can modernize and democratize its deliberative process through diversity and inclusivity
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    Reviews & endorsements

    ‘Dazzling and original work again by the indefatigable legal scholar Roy Brooks. A stunning achievement!’ Joe Faegin, Texas A&M University

    ‘Professor Brook’s magisterial consideration of the anti-democratic tendency of US Supreme Court decision-making provides deep insights into the modern nature of the courts. Through a myriad of examples showing reasonable ways to decide a case, Diversity Judgments offers deep insights into the judicial process and outlines a path for the Supreme Court to stay true to society’s commitment to diversity and inclusion.’ Kevin R. Johnson, University of California, Davis

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    Product details

    • Publication planned for: February 2022
    • format: Paperback
    • isbn: 9781108440066
    • length: 400 pages
    • dimensions: 229 x 152 mm
    • availability: Not yet published - available from February 2022
  • Table of Contents

    Introduction: the framework
    Part I. Asians Americans:
    1. Matal v. Tam (trademarking racial slurs)
    2. Lau v. Nichols (bilingual education)
    Part II. African Americans:
    3. Brown v. Board of Education (single race schools)
    4. Griggs v. Duke Power (employment discrimination)
    5. District of Columbia v. Heller (the right to keep and bear arms)
    Part III. Women:
    6. Roe v. Wade (reproductive rights)
    7. United States v. Virginia (single sex colleges)
    8. United States v. Morrison (violence against women)
    9. Kulko v. Superior Court (child custody or support)
    Part IV. Latinx:
    10. Hernandez v. Texas (equal protection)
    11. San Antonio Indep. Sch. Dist. v. Rodriguez (school financing)
    12. Plyler v. Doe (educating undocumented minors)
    Part V. Native Americans:
    13. Adoptive couple v. baby girl (Indian adoption)
    Part VI. LGBTQ:
    14. Obergefell v. Hodges (single-sex marriages)
    15. Bostock v. Clayton County (employment discrimination)
    Part VII. Intersectionality:
    16. EEOC v. Catastrophe Mgt. Solutions Co. (Dreadlocks)
    17. Kelo v. City of New London (eminent domain)
    Part VIII. Outsiders v. Outsiders:
    18. SFFA v. Harvard (affirmative action)
    Part IX. White males:
    19. McDonald v. Santa Fe Trail Trans. Co. (employment discrimination)
    20. City of Atlanta v. Rolfe (law enforcement)
    Part X. Situational Outsiders:
    21. Gideon v. Wainwright (right to counsel)
    22. Martin v. City of Boise (the homeless)
    23. Citizens United v. FEC (campaign financing)
    24. Trump v. Hawaii (Middle East migrants)

  • Author

    Roy L. Brooks, University of San Diego School of Law
    Roy L. Brooks is Warren Distinguished Professor of Law at the University of San Diego. He is the recipient of five book awards and the author of more than twenty books, including The Racial Glass Ceiling: Subordination in American Law and Culture (2017), Racial Justice in the Age of Obama (2009), and Atonement and Forgiveness: A New Model for Black Reparations (2004).

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