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Book Synopsis

Argues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.
Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific examples to argue that a more refined concept of culture than has been employed by American courts could offer better ways to analyze a broad range of cases that employ the notion of community.
Through an original reading of the Ninth Amendment, Lawrence Rosen illustrates how a constitutional consideration for group protections might be applied to decisions arising before the Supreme Court, including the decision to overturn Roe v. Wade. Similarly, in other chapters, Rosen

The Rights of Groups

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    A Hardback by Lawrence Rosen

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      Publisher: New York University Press
      Publication Date: 8/13/2024
      ISBN13: 9781479830411, 978-1479830411
      ISBN10: 1479830410
      Also in:
      Indigenous peoples / Indigeneity

      Description

      Book Synopsis

      Argues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.
      Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific examples to argue that a more refined concept of culture than has been employed by American courts could offer better ways to analyze a broad range of cases that employ the notion of community.
      Through an original reading of the Ninth Amendment, Lawrence Rosen illustrates how a constitutional consideration for group protections might be applied to decisions arising before the Supreme Court, including the decision to overturn Roe v. Wade. Similarly, in other chapters, Rosen

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