key terms pchong

key terms pchong - 1DOC 2 Key Terms...

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1DOC 2 Key Terms Dominance/Nonsubordination Theory - Theory developed by Katherine MacKinnon – Dominance- Law appears equal but ends up creating subordinate groups ex) pornography, Plessey. There is male dominance in politics - even though the law tries remove gender discrimination, it inevitably presents itself. Difference Theory - opposite of symmetry - women are different from men in important and valuable ways - law encourages women to remain at home rather than men. The law should take into account these differences. Muller against Lochner (men can work long hours, but not women?) Legal Symmetry –Men and Women should be treated absolutely equal by the law. Police Powers - Lochner - State’s powers given to regulate within its jurisdiction but are constitutionally limited. The state can regulate only with the safety, health and general welfare of the public in mind. In this case, the state can override one’s 14 th amendment rights if necessary. Redemptive Constitution – Brown/ Lawrence– Always moving to expand rights and to modify the Constitution along with our evolving society. Substantive/Procedural Due Process - Fundamental rights vs. right to court procedure Social Contract Theory - Declaration of Ind. - contract between government and its people to protect their rights Factions - Federalist No. 10 by James Madison - interest groups-factions aren’t always good, they aggregate interests. (can be dangerous because so many differences in opinion and loyalties) Direct vs. Representative Democracy - votes from all the citizens vs. votes from select representatives (ours is representative) one way to get rid of a faction- create a republic. Federalism - pro-Constitution-Federalist papers (Madison)
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This note was uploaded on 11/16/2010 for the course DOC DOC 1 taught by Professor Klatch during the Fall '08 term at UCSD.

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key terms pchong - 1DOC 2 Key Terms...

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