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Adolescence, Discrimination, and the Law - Addressing Dramatic Shifts in Equality Jurisprudence (Paperback)
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Adolescence, Discrimination, and the Law - Addressing Dramatic Shifts in Equality Jurisprudence (Paperback)
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Explores the shifts and the research used to support civil rights
claims of discrimination, particularly relating to minority youths'
rights to equal treatment In the wake of the civil rights movement,
the legal system dramatically changed its response to
discrimination based on race, gender, and other characteristics. It
is now showing signs of yet another dramatic shift, as it moves
from considering difference to focusing on neutrality. Rather than
seeking to counter subjugation through special protections for
groups that have been historically (and currently) disadvantaged,
the Court now adopts a "colorblind" approach. Equality now means
treating everyone the same way. This book explores these shifts and
the research used to support civil rights claims, particularly
relating to minority youths' rights to equal treatment. It
integrates developmental theory with work on legal equality and
discrimination, showing both how the legal system can benefit from
new research on development and how the legal system itself can
work to address invidious discrimination given its significant
influence on adolescents-especially those who are racial
minorities-at a key stage in their developmental life. Adolescents,
Discrimination, and the Law articulates the need to address
discrimination by recognizing and enlisting the law's inculcative
powers in multiple sites subject to legal regulation, ranging from
families, schools, health and justice systems to religious and
community groups. The legal system may champion ideals of
neutrality in the goals it sets itself for treating individuals,
but it cannot remain neutral in the values it supports and imparts.
This volume shows that despite the shift to a focus on neutrality,
the Court can and should effectively foster values supporting
equality, especially among youth.
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