Animus : a short introduction to bias in the law /

"Over the last two decades, the Supreme Court has increasingly turned to the concept of animus 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...

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Bibliographic Details
Main Author: Araiza, William D.
Format: Book
Language:English
Published: New York : New York University, 2017
Series:Legal Latin in practice
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Summary:"Over the last two decades, the Supreme Court has increasingly turned to the concept of animus 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? [This book] engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. [The author] 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 vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. [This book] humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society."--
Physical Description:x, 201 pages ; 22 cm
Bibliography:Includes bibliographical references (pages 181-199) and index
ISBN:9781479846030
1479846031