The Equal Protection of the Laws

Tussman, Joseph; tenBroek, Jacobus

doi:10.2307/3477801

Cited by 46 publications

(34 citation statements)

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“…22 This legislation suggested that Hughes accepted the legitimacy of the municipal ownership of utilities. CEH to his father, 2 November 1880, and to Charles Evans Hughes, Jr., 28 March 1924, Hughes Papers, LC.…”

Section: The Making Of a Reformermentioning

confidence: 99%

“…CEH to his father, 2 November 1880, and to Charles Evans Hughes, Jr., 28 March 1924, Hughes Papers, LC. 24 Finally, if Hughes had his way, 22. A third bill gave New York City the option of using its water supply to generate electricity, a venture in municipal socialism that was not pursued.…”

Section: The Making Of a Reformermentioning

confidence: 99%

“…22 They planted the 1935 statute squarely on Hughes's constitutional middle ground. FDR embraced the language of social rights and the idea of constructing what he called "cradle to grave" social insurance for all Americans.…”

Section: Living Without Labels Daniel T Rodgersmentioning

confidence: 99%

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Deaths Greatly Exaggerated

Goluboff¹

2006

Law hist. rev.

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In 1940, in the inaugural issue of its Bill of Rights Review, the American Bar Association's Bill of Rights Committee expressed its conviction “that a distinct field of law—that of civil rights—[was] emerging.” From the standpoint of lawyers, judges, and scholars looking forward from that moment, the contours of the new field were largely unknown. In large part, that uncertainty was due to the Supreme Court's dismantling of the dominant doctrinal framework governing the relationship between individuals and the state in the 1930s.

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Section: The Making Of a Reformermentioning

confidence: 99%

Section: The Making Of a Reformermentioning

confidence: 99%

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Deaths Greatly Exaggerated

Goluboff¹

2006

Law hist. rev.

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“…And, for analysis to occur, Blumer reminds us, “The research scholar who engages in direct examination should aim at casting his problem in a theoretical form, at unearthing generic relations, at sharpening the connotative reference of his concepts, and at formulating theoretical propositions” (1969: 42–43). For this phase of the research, however, we need a methodological model derived from a precise understanding of the term “equal protection of the law.” Such a model is available from the juridical works of Joseph Tussman and Jacobus tenBroek (1949: 341–81).…”

Section: Herbert Blumer: Race Prejudice Juridical Interpretation Anmentioning

confidence: 99%

Toward A Renewed Sociological Jurisprudence: From Roscoe Pound to Herbert Blumer and Beyond

Lyman

2002

Symbolic Interaction

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This article, based on the Distinguished Lecture presented on August 21, 2001, at the annual meeting of the Society for the Study of Symbolic Interaction in Anaheim, California, proposes a synthesis of Herbert Blumer's macrosociological perspective on the race question with Roscoe Pound's philosophy and science of law (i.e., his so‐called sociological jurisprudence), Joseph Tussman's and Jacobus tenBroek's juridical methodology, and Philip Selznick's sociology of responsive law. The compound so produced will help to establish a foundation for a praxiological sociology of American constitutional law. The article focuses on the problem of legislative‐made “classifications” and their relations to the legitimate public purposes entailed in the enactment of statutes, laws, and decrees. Such classifications become problematic when they are said to be “underinclusive,” “over‐inclusive,” or both in seeking to effect their aims. Strategic research sites for this issue are racial and ethnic classifications that single out one or a limited cluster of racial or ethnic groups for special benefits (“affirmative action”) or restitution (“reparations”). Calling for a reinvigoration of Pound's pragmatic approach to sociological jurisprudence, I show how Blumer's analysis of the “color line”—when seen in relation to the original intent of the makers of the Thirteenth, Fourteenth, and Fifteenth post‐Civil War Amendments to the U.S. Constitution and, using Tussman's and tenBroek's showing of how such categorizations might be both methodically evaluated and applied to the challenged classifications—provides grounds for reconsidering whether the latter are instances of “reverse discrimination” and, hence, violations of the constitutional requirement of “equal protection of the law.” The science of law is a science of social engineering having to do with that part of the whole field which may be achieved by the ordering of human relations through the action of politically organized society. —Roscoe Pound, Justice According to Law We did not hold it necessary to wait for nature to put a canal across the Isthmus of Panama, and we shall not much longer hold it necessary to wait for nature to dig the legal canals that will give security to neglected human interests which clamor for recognition and protection. —Roscoe Pound, “Juristic Problems of National Progress”

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“…The requirement is that persons who are similar be treated similarly. In a classic paper on the equal protection clause, Tussman and tenBroek (1949) defined the measure for reasonableness of a legislative classification as the degree to which it treats similarly those who are similarly situated. The question, then, is does the process used to identify students for gifted educational programming find the students who are "similarly situated"?…”

Section: Relationship Between Classification and Government Purposementioning

confidence: 99%

Gifted identification as a constitutional issue

Brown

1997

Roeper Review

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The Equal Protection of the Laws

Cited by 46 publications

References 0 publications

Deaths Greatly Exaggerated

Deaths Greatly Exaggerated

Toward A Renewed Sociological Jurisprudence: From Roscoe Pound to Herbert Blumer and Beyond

Gifted identification as a constitutional issue

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