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Bestseller
BestsellerE-book
Author Araiza, William D., author.

Title Animus : a short introduction to bias in the law / William D. Araiza.

Publication Info. New York : New York University Press, [2017]

Item Status

Description 1 online resource.
Physical Medium polychrome
Description text file
Series Legal Latin in practice
Legal Latin in practice.
Bibliography Includes bibliographical references and index.
Contents Class legislation and the prehistory of animus -- Department of Agriculture v. Moreno -- City of Cleburne v. Cleburne Living Center -- Romer v. Evans and beyond -- United States v. Windsor -- What's wrong with subjective dislike? -- Objectively objectionable -- The doctrinal uniqueness of animus -- The elusive search for animus -- How much animus is enough? and what should we do about it? -- Applying what we've learned -- Obergefell and animus -- Animus doctrine today and tomorrow.
Summary An introduction to the legal concept of unconstitutional bias.If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don't want "those kinds of people" in the neighborhood, the town's decision is motivated by the public's dislike of a particular group. Constitutional law calls this rationale "animus."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?Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza 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. Animus 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.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Equality before the law -- United States.
Equality before the law.
United States.
Discrimination -- Law and legislation -- United States.
Discrimination -- Law and legislation.
Sociological jurisprudence -- United States.
Sociological jurisprudence.
Constitutional law -- United States.
Constitutional law.
Genre/Form Electronic books.
Electronic books.
Subject Anti-discrimination law.
Other Form: Print version: Araiza, William D. Animus. New York : New York University Press, [2017] 9781479846030 (DLC) 2016045479 (OCoLC)959922131
ISBN 9781479840939 (electronic book)
1479840939 (electronic book)
9781479846030
1479846031