Appearance of Equality: Racial Gerrymandering, Redistricting, and the Supreme Court, Vol. 89

Hardcover
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Author: Christophe M. Burke

ISBN-10: 0313307512

ISBN-13: 9780313307515

Category: General & Miscellaneous Law

An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification...

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An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. Booknews Describes and unravels various liberal and communitarian strategies of justification that structure US Supreme Court opinions in the area of political representation, contending that no conception of representation is legally unassailable or inherently politically liberal or conservative. Tells the uncertain story of the creation of political fairness by the Supreme Court and warns against relying on legal institutions at the expense of the democratic process in the quest for fair representation. Burke is Assistant Attorney General in the State of Wisconsin Department of Justice. Annotation c. Book News, Inc., Portland, OR (booknews.com)

PrefaceIntroduction: The Evolving Discourse on Fair Representation1Ch. 1Assessing Representation15Ch. 2Rhetoric and the Appearances of Representation41Ch. 3Case Analyses of Fair Representation Ante Shaw v. Reno59Ch. 4Shaw v. Reno: What It Means, Does Not Mean, and Why87Ch. 5Liberalism, Communitarianism, and Fair Representation125Notes149Bibliography197Index207

\ BooknewsDescribes and unravels various liberal and communitarian strategies of justification that structure US Supreme Court opinions in the area of political representation, contending that no conception of representation is legally unassailable or inherently politically liberal or conservative. Tells the uncertain story of the creation of political fairness by the Supreme Court and warns against relying on legal institutions at the expense of the democratic process in the quest for fair representation. Burke is Assistant Attorney General in the State of Wisconsin Department of Justice. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \