Books by Leslie F Goldstein
The U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at... more The U.S. Supreme Court and Racial Minorities offers an in-depth, chronologically arranged look at the record of the U.S. Supreme Court on racial minorities over the course of its first two centuries. It does not pose the anachronistic standard, “Did the Supreme Court get it right?” but rather, “How did the Supreme Court compare to other branches of the federal government at the time?” Have these Justices, prevented against removal from office by discontented voters (in contrast to the President and the members of Congress), done any better than the elected branches of government at protecting racial minorities in America?
Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court’s comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989.
This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.
Papers by Leslie F Goldstein
There is a relatively longstanding recognition that for Indians, free exercise of religion, becau... more There is a relatively longstanding recognition that for Indians, free exercise of religion, because of the tribal nature of the religion, may require a degree of establishment of religion. Thus, Native American tribal culture sits uneasily within the U.S. constitutional structure. This essay is a brief meditation on the development of constitutional doctrine on the religion clauses and historical links between that development and Native Americans. (I had greater ambitions for the piece but time has run out.)
the constitutional and legal rights of women cases in law the constitutional and legal rights of ... more the constitutional and legal rights of women cases in law the constitutional and legal rights of women cases in law and social change is designed to provide undergraduate students with a comprehensive sophisticated treatment of the legal status of all american women, the constitutional and legal rights of women cases in the constitutional and legal rights of women cases in law and social change the inclusion of state and lower federal court decisions greatly strengthens the book s focus on the law s relationship to gendered inequality equality advances in reproductive technology law divorce child custody education same sex marriage pornography, the constitutional and legal rights of women cases in the constitutional and legal rights of women cases in law and social change is designed to provide undergraduate students with a comprehensive sophisticated treatment of the legal status of all american women, the constitutional and legal rights of women judith a judith a baer and leslie friedman goldstein the constitutional and legal rights of women cases in law and social change is designed to provide undergraduate students with a comprehensive sophisticated treatment of the legal status of all american women authors baer and goldstein skillfully blend doctrinal and political developments, the constitutional and legal rights of women cases in law looking for the constitutional and legal rights of women cases in law and social change isbn 9780195330748 prices as low as 44 02 the constitutional and legal rights of women cases in law and social change, the constitutional rights of women cases in law and the cases discuss women s rights and 20th century civil rights conceptsequal protection of the laws discriminatory practices and privacy the analysis traces the interactions between social change movements and the law and gives careful attention to concurring and dissenting opinions, pdf the constitutional and legal rights of women cases the constitutional and legal rights of women cases in law and social change is designed to provide undergraduate students with a comprehensive sophisticated treatment of the legal status of all american women authors baer and goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women s, the constitutional rights of women cases in law and social and social change the constitutional and legal rights of women cases in law and social change is designed to provide undergraduate students with a comprehensive sophisticated treatment of the legal, the constitutional and legal rights of women cases in law and social change baby elephant rescued viewed with alan tours while on safari at the addo elephant national park duration 14 58 alan tours 90 294 261 views
Fordham Law Review, 2013
Justice Antonin Scalia, who characterizes himself as a "faint-hearted originalist" (i.e., one wil... more Justice Antonin Scalia, who characterizes himself as a "faint-hearted originalist" (i.e., one willing to deviate from the original understanding of a clause) argues that a large part of what justifies originalism is the pragmatic goal of constraining judicial discretion. See
Constitutional commentary, 2020
Leslie F. Goldstein 2 Keith Whittington's new book, Repugnant Laws, provides a comprehensive over... more Leslie F. Goldstein 2 Keith Whittington's new book, Repugnant Laws, provides a comprehensive overview and quantitative analysis of all the times the U.S. Supreme Court examined the constitutionality of a federal statute (a practice termed "horizontal judicial review"). As one has come to expect from this author, it is a fine piece of research, elegantly presented, and certainly worth a read by all who teach Constitutional Law. Some of what it has to tell us is familiar, but much is new.
The U.S. Supreme Court and Racial Minorities
THE ELECTED BRANCHES AND AFRICAN-AMERICANS One year after the Bill of Rights was ratified, the Co... more THE ELECTED BRANCHES AND AFRICAN-AMERICANS One year after the Bill of Rights was ratified, the Congress of the United States adopted the Uniform Militia Act (1 Stat. 271), requiring that every free, able-bodied white male citizen between the ages of eighteen and forty-five enroll in the national militia and supply himself with a proper weapon and ammunition (emphasis added). Prior to this law many states had allowed blacks into their state militias (although some did not, a tradition dating to the colonial period), and the meritorious service of black soldiers during the Revolutionary War was still a relatively fresh memory. Even with the federal law in place, many states, North and South, ignored the racial restriction (if it was meant as a restriction, rather than simply as a minimum membership) and enrolled free blacks in their militias, especially during times of invasion. 1 Militia discrimination was not the whole story. In 1790 Congress limited access to naturalization for U.S. citizenship to whites, a limit that it re-enacted in 1802 with the phrase "free white persons." Senator Charles Sumner after the Civil War failed in his attempt to have the word "white" removed from this statute. Instead Congress modified it in 1870 by adding to whites the permission for naturalization of "aliens of African nativity and to persons of African descent" (pointedly, albeit silently, excluding Chinese). 2 In 1810 Congress forbade blacks to be postal carriers, and in 1820 authorized the white male citizens of the District of Columbia to create a municipal government and to adopt legal codes governing blacks and 1
The U.S. Supreme Court and Racial Minorities, 2017
Maryland Law Review, 2013
While Americans de.arly took ftom John t.ockc the nmion of govemrnent by consent o f the ~O\•erne... more While Americans de.arly took ftom John t.ockc the nmion of govemrnent by consent o f the ~O\•erned in regMd tQ the f onn of ,sovemrnenl. American practice and theory regarding other clements of democratic decision-making had to come from elsewhere. This essay describes those. othe-r elements and their historic sources and assesses their effectiveness. R.epresentalive democracy was the fi rst such element. arising from colonial practices. which are detailed below. Oy the mid-1780s it became apparent to thoughtful Americans that representative democ-racy by itself could oot adequately ad• dress the need to protect minority rights from ill-advised actions by political majorities. Americans then developed several innovative institutional remedies for this prOble-m: a wrinen constitution to be popularly rmifi ed and enforced by judicial review (Thomas Tudor Tucker. under the pen name '"Philodemus. •• and Alexar~der Hamilton in Federafi..,t no. 78). the establishment of a large and di\'erse republic to ride herd on the smaller rt"publics •hat were the individual states (James IV 1adison in Federalist no. 10. and the concluding section of Fcxler(l/i$1 oo. 5 1). a system o( chock...o; and balarl«S at the federal le\'el and a di\•ision of sovereign power between d)!!" state and federal lc\•cls. and the potential for a veto over proposed policy by si:table interest groups directly and substantially aH"ected by that policy (John C. Calhoun's DisquL~ition 1)11 Gowr-mm(:nl, the ft libus.ter sys1cm in Congress. and the Congrt-ssiooal seniority/comminee system). ('Ji(Jt/Ur) the Pri\')' Counc il's l)()wer to repeal an c:xis.ting colomal law based on tht Counc:il's perup~.ton that the Ia"' "'"-' no1 in 1M ~ lntemas of lhe IJng,dom. or was .. ~ 10 rea5()ft. .. ,1 T~ various British .. eiO p)\\tr\ had inc:reas:insl)-aaneYcd the cofo. l'll)b in the yc:al"$ leading up 10 the American Re-.•olution. und the early US su.ne constitutions emphatically rejcct!XI this appro~K-h , ln~t cad, e.xcept for the cx.J~ttnoe of a second house of the lcgi!lilaturc: . in order to I)I'Ovide for sober )Ctond thought, the: inilia l state leg,il'l at i~r•e 5YSit":ms adopted modes of dem()ctalk deci.sion-maling thai came (kY,c to being ~•"e "-crsiom or a pl<li.,<itar) Sy>l<"' 1M S)SI<m ltntfai«< no6c<able pnlblcms ~ cht AliJ In&. Allhou&h 1M ArMriawt Ulnslitut~ v.-as dcmocmtcall) adoped llilrouch popldatl) elected scme ratit)ing con .. cnttons. thr pertet~rcd need for dw democnu ic: ratil1cnt1on and its legal import were realities LhlU e~r•olved only amduaJiy. The sixteenth• and carly•scvcntoc:nth-ccntury co lon i e~J chatters ol• l o\~o•l.ng for seu leml'1tt in British Amc:l'itta initially evolved from authofi7a. lklns for commf'rcial and religiouot entCTprises into framt) for loc-.a.l go~oem ment.U AddiliOMII), thtdislaoe from linaland and lht abwnce of a profn.-\ionalizod A..IMriC'an bar iR 1he 5e\' cnccmc .. ccniW} made h usefuiiO compilt 1n ~riting the bMk .. rightS of En:gli,hmc:n.-which \\ert unOO,_ood to come from a blend or COfnmon law. pt'inclple$ of human ntliUI't, and lhe Judoo-Chrlstio.n moral code. I) Thus. by 1700 Americans we~ flunlllo.r with charters o f the poople'J llbcr1ies drawn up by their <'lected ~~sentati ves. ~ dwlers "'-et'e undtmood to declare the oommoo ~rstandlog ratMr lhan 10 pw righls lh<msch<S. Around chis 11me. John L«lt't . ~ Tn:oti:w waa published. stctina fotth the doctrine later to be artoouncc:d in 1M Ooclnrution of Independence l>tople are by nature equally free and freely c hoo.'~e tu empower go\•ernments to secure their MIUmJ riglns. retainin, nn indcfc:aotible Nlturu.l right to ••alttl or abolish'" their ••foon .. of go\emme:nt if they judge tN!t Jt has become dt>uuctnc of lhd< ri&hos. Willi lilt ~loroiK>n ilhccome 1hc oc~l«lcool riahl of A.mme.ns 10 li\e under • form of pnn~ 10 "hich the) hid consconted. A paraphrase of th.is pritKiplc: appt::tl"$ in etatw of the fourtten (counting Vemto nt} stru:e oonsti!Uiions chat appeartd between 1n6 ruKt 1780. 1 " 1\ 0nethele~ the hls1orical reality i~ that 1hc first othc CO!btitutions Adopted b) the inckpc'ndent American qaJC'\ "t"re adopted not b) an) popular <~«•• f"' t-1: '*her t, • '\CalC' leJh l""'"" •rlNtt ..aMt Otla"31'C' f 11"6). ' lmt'ri<'.alf l'lfiC/It'(l(/tl•~~ m lh'mMnm< 1>4'f'l~llttl M o ihiiJI 4 1 C -J dnnocrllieally ratitkd by choice of-Ilk> .. hnl, p«ffl~ .. u prd'011ble. Such a docu.rMI11 ooukl ll04 be transgressed by me lcg."lati\•e as.<wembly; to do so would be to .. ac1 " ithoul lawful a uthorily ... By COiltm'it, ~ iliKlut an expressed toniilitub oo the p~cn t:•i th<! I(",IP\IIIU~te wcx•ld uoOOubl• edl,y ha~e tlccn fl~ol u'c (us the Purli~ttntnl of Otelll nrh11in k Sllid to be) and "'I.Y n~t pn~cd not lnconsiSloot whh nulut~~~l j ll\1ioile (1\:11" th111 curt~ i$ 11\•qwcd b)• lllc JuJacli e'en in h atand) would Nn-e been bindtnt on 11'1t peopk. The C\rc:tlmce <tf the c~ its . . attending an ab:to.lot~ JIU""C:' In a leai~bth•~ bOo.l) JliiiC-'4Cd che propndy nf• mtl Qn&innl contnw:t tlctt/llttn the people and lhcir flmiN !Jt)'UII1l"'C"l II ~all) a,pt.s 10 1111t {11131: ••dll • p!ll)tltw'lt) f-lll(d ~ion}. lhe ('\cmte ol ~ ~~ pow-er Is ..,..w.Nt., ~ C<IMI....._ .oc baa@ a .eft.
Center For the Study of Law and Society Jurisprudence and Social Policy Program, Apr 14, 2003
In 1866 Members of the Joint Committee on Reconstruction introduced the Fourteenth Amendment into... more In 1866 Members of the Joint Committee on Reconstruction introduced the Fourteenth Amendment into the House of Representatives and the Senate, respectively. Several speakers indicated that the force of the new amendment would be to protect basic or fundamental citizen rights against adverse action by state governments and would allow Congress for the first time to protect such rights against such state action. One speaker in the House, John Bingham, who had written Section One of the amendment, indicated that among the protected "privileges or immunities of citizens" were those rights listed in the first eight amendments to the Constitution, rights that previously had been enforceable only against Congress, not against state governments. He specifically cited the Eighth Amendment's prohibition on cruel and unusual punishments by way of example. 1 In the U.S. Senate it was Sen. Jacob Howard 1 CONG.GLOBE, 39 th Cong., 1 st Sess 1088-1095 (Feb.3, 1866); 2542-3 (May 8, 1866). Rep. Bingham makes clear his understanding that the Fourteenth Amendment would apply the privileges listed in the Bill of Rights against state governments by stating that the amendment would overturn Barron v. Baltimore, 32 U.S. 243 (1833), the case that had established the contrary rule. Four years later, Bingham had occasion to discuss the Amendment again 65 Thomas M. Cooley, ed. Joseph Story's Commentaries on the
International Journal of Constitutional Law, 2006
This essay examines policy toward women in Canada and the U.S. with an eye to the question of how... more This essay examines policy toward women in Canada and the U.S. with an eye to the question of how much light comparative constitutionalism can shed on the differences or similarities in those policies. It first describes the many institutional contrasts that might lead one to expect sharp differences in policies in the two countries. It then details both numerous parallels in gender equity policy and a half dozen or so important contrasts, attempting to explain both the striking similarities and the occasional differences that are uncovered. * Judge Hugh M. Morris Professor, political science and international relations, University of Delaware. I acknowledge the able assistance of Pooja Rishi and Benjamin Cohen in navigating both the internet and the library, and the assistance of Ran Hirschl in fine-tuning my awareness of Canadian developments.
Many of the chapters in this collection see "global governance" as a reference to the way the glo... more Many of the chapters in this collection see "global governance" as a reference to the way the globe as a whole global system is governed-in other words, as the way that so-called "international," or interstate systems are ordered the world over. This chapter, by contrast, fits into that group of the chapters (which includes those by Rosenau, Young, and O'Brien) that see "global governance" as about saying and seeing that governance takes place on the globe to an increasing degree (not only by state and interstate actors, but also) by suprastate, non-state, and substate actors. This chapter in particular examines the strengthening of one of these "disaggregated spheres of authority" (in the phrase of James Rosenau), one of the arenas where modes of regulating human behavior that were previously monopolized by state sovereigns has been taken over by a trans-state actor, the European Court of Human Rights. We see the "structure" of global governance as in fact an absence of structure among these disaggregated spheres, and the process of global governance as varying from one to another sphere. Within traditional international organizations, governance is exercised with the range of traditional tools of international relations, although these tools are now often wielded by a number of non-traditional agents, such as NGOs. In addition, trans-state regimes of governance have moved recently into prominence: some, in the realm of political economy (e.g., those of the World Bank and the IMF); others, in the realm of trans-state law, enforced by trans-state courts. political forces exogenous to the judicial systems (such as, in our study, trans-state political mood, at least among elected member-state leaders during the mid-to late-1980s).
The American Historical Review, 1995
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Books by Leslie F Goldstein
Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court’s comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989.
This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.
Papers by Leslie F Goldstein
Goldstein examines treatment of four racial minorities (Indians, Blacks, Asians, and Hispanics) in this investigation of the life-tenured Supreme Court’s comparative willingness to protect racial minorities. She finds that judicial review, while no panacea, did help America's racial minorities: when the Court was willing to help, it was particularly willing to act to check state-level oppressive policies and federal-level administrative abuses. She also documents the Supreme Court's leadership role on the civil rights of Black Americans from 1911-1989.
This book will be a critical resource not only for scholars of political science and law, but for anyone interested in the history of the treatment of racial minorities by the U.S. government and the value of judicial review as a protector of minority rights.