Misreading Law, Misreading Democracy


Author: Victoria Nourse
Publisher: Harvard University Press
ISBN: 0674974271
Category: Law
Page: 208
View: 6351

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Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

Business and the Roberts Court


Author: Jonathan H. Adler
Publisher: Oxford University Press
ISBN: 0199859345
Category: Commercial law
Page: 352
View: 2427

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In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

Misunderstanding the Internet


Author: James Curran,Natalie Fenton,Des Freedman
Publisher: Routledge
ISBN: 1317443519
Category: Computers
Page: 224
View: 7756

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The growth of the internet has been spectacular. There are now more than 3 billion internet users across the globe, some 40 per cent of the world’s population. The internet’s meteoric rise is a phenomenon of enormous significance for the economic, political and social life of contemporary societies. However, much popular and academic writing about the internet continues to take a celebratory view, assuming that the internet’s potential will be realised in essentially positive and transformative ways. This was especially true in the euphoric moment of the mid-1990s, when many commentators wrote about the internet with awe and wonderment. While this moment may be over, its underlying technocentrism – the belief that technology determines outcomes – lingers on and, with it, a failure to understand the internet in its social, economic and political contexts. Misunderstanding the Internet is a short introduction, encompassing the history, sociology, politics and economics of the internet and its impact on society. This expanded and updated second edition is a polemical, sociologically and historically informed guide to the key claims that have been made about the online world. It aims to challenge both popular myths and existing academic orthodoxies that surround the internet.

The Federal Courts

An Essential History
Author: Peter Charles Hoffer,N. E. H. Hull
Publisher: Oxford University Press
ISBN: 0199387907
Category: Courts
Page: 560
View: 7734

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There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

Capitalism v. Democracy

Money in Politics and the Free Market Constitution
Author: Timothy K. Kuhner
Publisher: Stanford University Press
ISBN: 0804791589
Category: Law
Page: 376
View: 4717

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As of the latest national elections, it costs approximately $1 billion to become president, $10 million to become a Senator, and $1 million to become a Member of the House. High-priced campaigns, an elite class of donors and spenders, superPACs, and increasing corporate political power have become the new normal in American politics. In Capitalism v. Democracy, Timothy Kuhner explains how these conditions have corrupted American democracy, turning it into a system of rule that favors the wealthy and marginalizes ordinary citizens. Kuhner maintains that these conditions have corrupted capitalism as well, routing economic competition through political channels and allowing politically powerful companies to evade market forces. The Supreme Court has brought about both forms of corruption by striking down campaign finance reforms that limited the role of money in politics. Exposing the extreme economic worldview that pollutes constitutional interpretation, Kuhner shows how the Court became the architect of American plutocracy. Capitalism v. Democracy offers the key to understanding why corporations are now citizens, money is political speech, limits on corporate spending are a form of censorship, democracy is a free market, and political equality and democratic integrity are unconstitutional constraints on money in politics. Supreme Court opinions have dictated these conditions in the name of the Constitution, as though the Constitution itself required the privatization of democracy. Kuhner explores the reasons behind these opinions, reveals that they form a blueprint for free market democracy, and demonstrates that this design corrupts both politics and markets. He argues that nothing short of a constitutional amendment can set the necessary boundaries between capitalism and democracy.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Category: Law
Page: 200
View: 5708

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Democracy in Chains

The Deep History of the Radical Right's Stealth Plan for America
Author: Nancy MacLean
Publisher: Penguin
ISBN: 1101980966
Category: History
Page: 334
View: 4969

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"Focusing on Nobel Prize-winning economist James McGill Buchanan (1919-2013), whom Charles Koch funded and championed, MacLean elaborates on [what he sees as] the Koch brothers' insidious, dangerous manipulation of American politics. Based on Buchanan's papers as well as published sources, MacLean creates a ... portrait of an arrogant, uncompromising, and unforgiving man, stolid in his mission to 'save capitalism from democracy'"--

Islam And Democracy

Fear Of The Modern World With New Introduction
Author: Fatima Mernissi
Publisher: Basic Books
ISBN: 0786731001
Category: History
Page: 224
View: 336

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Is Islam compatible with democracy? Must fundamentalism win out in the Middle East, or will democracy ever be possible? In this now-classic book, Islamic sociologist Fatima Mernissi explores the ways in which progressive Muslims--defenders of democracy, feminists, and others trying to resist fundamentalism--must use the same sacred texts as Muslims who use them for violent ends, to prove different views. Updated with a new introduction by the author written in the wake of the September 11 terrorist attacks on the United States, Islam and Democracy serves as a guide to the players moving the pieces on the rather grim Muslim chessboard. It shines new light on the people behind today's terrorist acts and raises provocative questions about the possibilities for democracy and human rights in the Islamic world. Essential reading for anyone interested in the politics of the Middle East today, Islam and Democracy is as timely now as it was upon its initial, celebrated publication.

Guns, Democracy, and the Insurrectionist Idea


Author: Joshua Horwitz,Casey Anderson
Publisher: University of Michigan Press
ISBN: 0472033700
Category: History
Page: 274
View: 7659

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Does the gun lobby threaten the democratic institutions safeguarding individual liberty in America?

Rights Gone Wrong

How Law Corrupts the Struggle for Equality
Author: Richard Thompson Ford
Publisher: Farrar, Straus and Giroux
ISBN: 1429969253
Category: Law
Page: 288
View: 6739

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A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Writing for Hire


Author: Catherine L. Fisk
Publisher: Harvard University Press
ISBN: 0674973208
Category: Law
Page: 296
View: 3017

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Professional writers may earn a tidy living for their work, but they seldom own their writing. Catherine Fisk traces the history of labor relations that defined authorship in film, TV, and advertising in the mid-twentieth century, showing why strikingly different norms of attribution emerged in these overlapping industries.

Ruth Bader Ginsburg’s Legacy of Dissent

Feminist Rhetoric and the Law
Author: Katie L. Gibson
Publisher: University of Alabama Press
ISBN: 0817319786
Category: Biography & Autobiography
Page: 180
View: 2080

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A rhetorical analysis of Justice Ruth Bader Ginsburg's feminist jurisprudence.

The Erosion of Tribal Power

The Supreme Court's Silent Revolution
Author: Dewi I. Ball
Publisher: N.A
ISBN: 9780806155654
Category: History
Page: 400
View: 7691

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For the past 180 years, the inherent power of indigenous tribes to govern themselves has been a central tenet of federal Indian law. Despite the U.S. Supreme Court's repeated confirmation of Native sovereignty since the early 1830s, it has, in the past half-century, incrementally curtailed the power of tribes to govern non-Indians on Indian reservations. The result, Dewi Ioan Ball argues, has been a "silent revolution," mounted by particular justices so gradually and quietly that the significance of the Court's rulings has largely evaded public scrutiny. Ball begins his examination of the erosion of tribal sovereignty by reviewing the so-called Marshall trilogy, the three cases that established two fundamental principles: tribal sovereignty and the power of Congress to protect Indian tribes from the encroachment of state law. Neither the Supreme Court nor Congress has remained faithful to these principles, Ball shows. Beginning with Williams v. Lee, a 1959 case that highlighted the tenuous position of Native legal authority over reservation lands and their residents, Ball analyzes multiple key cases, demonstrating how the Supreme Court's decisions weakened the criminal, civil, and taxation authority of tribal nations. During an era when many tribes were strengthening their economies and preserving their cultural identities, the high court was undermining sovereignty. In Atkinson Trading Co. v. Shirley (2001) and Nevada v. Hicks (2001), for example, the Court all but obliterated tribal authority over non-Indians on Native land. By drawing on the private papers of Chief Justice Earl Warren and Justices Harry A. Blackmun, William J. Brennan, Thurgood Marshall, William O. Douglas, Lewis F. Powell Jr., and Hugo L. Black, Ball offers crucial insight into federal Indian law from the perspective of the justices themselves. The Erosion of Tribal Power shines much-needed light on crucial changes to federal Indian law between 1959 and 2001 and discusses how tribes have dealt with the political and economic consequences of the Court's decisions.

Democracy Incorporated

Managed Democracy and the Specter of Inverted Totalitarianism
Author: Sheldon S. Wolin
Publisher: Princeton University Press
ISBN: 1400888409
Category: Political Science
Page: 376
View: 7616

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Democracy is struggling in America--by now this statement is almost cliché. But what if the country is no longer a democracy at all? In Democracy Incorporated, Sheldon Wolin considers the unthinkable: has America unwittingly morphed into a new and strange kind of political hybrid, one where economic and state powers are conjoined and virtually unbridled? Can the nation check its descent into what the author terms "inverted totalitarianism"? Wolin portrays a country where citizens are politically uninterested and submissive--and where elites are eager to keep them that way. At best the nation has become a "managed democracy" where the public is shepherded, not sovereign. At worst it is a place where corporate power no longer answers to state controls. Wolin makes clear that today's America is in no way morally or politically comparable to totalitarian states like Nazi Germany, yet he warns that unchecked economic power risks verging on total power and has its own unnerving pathologies. Wolin examines the myths and mythmaking that justify today's politics, the quest for an ever-expanding economy, and the perverse attractions of an endless war on terror. He argues passionately that democracy's best hope lies in citizens themselves learning anew to exercise power at the local level. Democracy Incorporated is one of the most worrying diagnoses of America's political ills to emerge in decades. It is sure to be a lightning rod for political debate for years to come. Now with a new introduction by Pulitzer Prize–winning journalist Chris Hedges, Democracy Incorporated remains an essential work for understanding the state of democracy in America.

(Mis)Understanding Political Participation

Digital Practices, New Forms of Participation and the Renewal of Democracy
Author: Jeffrey Wimmer,Cornelia Wallner,Rainer Winter,Karoline Oelsner
Publisher: Routledge
ISBN: 1317217411
Category: Social Science
Page: 258
View: 685

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The practices of participation and engagement are characterised by complexities and contradictions. All celebratory examples of uses of social media, e.g. in the Arab spring, the Occupy movement or in recent LGBTQ protests, are deeply rooted in human practices. Because of this connection, every case of mediated participation should be perceived as highly contextual and cannot be attributed to one (social) specific media logic, necessitating detailed empirical studies to investigate the different contexts of political and civic engagement. In this volume, the theoretical chapters discuss analytical frameworks that can enrich our understanding of current contexts and practices of mediated participation. The empirical studies explore the implications of the new digital conditions for the ways in which digitally mediated social interactions, practices and environments shape everyday participation, engagement or protest and their subjective as well societal meaning.

Misunderstanding News Audiences

Seven Myths of the Social Media Era
Author: Eiri Elvestad,Angela Phillips
Publisher: Routledge
ISBN: 1315444348
Category: Social Science
Page: 180
View: 815

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Misunderstanding News Audiences interrogates the prevailing myths around the impact of the Internet and social media on news consumption and democracy. The book draws on a broad range of comparative research into audience engagement with news, across different geographic regions, to provide insight into the experience of news audiences in the twenty-first century. From its inception, it was imagined that the Internet would benignly transform the nature of news media and its consumers. There were predictions that it would, for example, break up news oligarchies, improve plurality and diversity through news personalisation, create genuine social solidarity online, and increase political awareness and participation among citizens. However, this book finds that, while mainstream news media is still the major source of news, the new media environment appears to lead to greater polarisation between news junkies and news avoiders, and to greater political polarisation. The authors also argue that the dominant role of the USA in the field of news audience research has created myths about a global news audience, which obscures the importance of national context as a major explanation for news exposure differences. Misunderstanding News Audiences presents an important analysis of findings from recent audience studies and, in doing so, encourages readers to re-evaluate popular beliefs about the influence of the Internet on news consumption and democracy in the West.

American Surveillance

Intelligence, Privacy, and the Fourth Amendment
Author: Anthony Gregory
Publisher: University of Wisconsin Pres
ISBN: 0299308804
Category: Law
Page: 279
View: 5715

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A nuanced history and analysis of intelligence-gathering versus privacy rights.

Fiction and the Languages of Law

Understanding Contemporary Legal Discourse
Author: Karen Petroski
Publisher: Routledge
ISBN: 1351163825
Category: Language Arts & Disciplines
Page: 8
View: 9819

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Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Elizabeth Cady Stanton and the Feminist Foundations of Family Law


Author: Tracy A. Thomas
Publisher: NYU Press
ISBN: 081478304X
Category: Law
Page: 328
View: 5805

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Much has been written about women’s rights pioneer Elizabeth Cady Stanton. Historians have written her biography, detailed her campaign for woman’s suffrage, documented her partnership with Susan B. Anthony, and compiled all of her extensive writings and papers. Stanton herself was a prolific author; her autobiography, History of Woman Suffrage, and Woman’s Bible are classics. Despite this body of work, scholars and feminists continue to find new and insightful ways to re-examine Stanton and her impact on women’s rights and history. Law scholar Tracy A. Thomas extends this discussion of Stanton’s impact on modern-day feminism by analyzing her intellectual contributions to—and personal experiences with—family law. Stanton’s work on family issues has been overshadowed by her work (especially with Susan B. Anthony) on woman’s suffrage. But throughout her fifty-year career, Stanton emphasized reform of the private sphere of the family as central to achieving women’s equality. By weaving together law, feminist theory, and history, Thomas explores Stanton’s little-examined philosophies on and proposals for women’s equality in marriage, divorce, and family, and reveals that the campaigns for equal gender roles in the family that came to the fore in the 1960s and ’70s had nineteenth-century roots. Using feminist legal theory as a lens to interpret Stanton’s political, legal, and personal work on the family, Thomas argues that Stanton’s positions on divorce, working mothers, domestic violence, childcare, and many other topics were strikingly progressive for her time, providing significant parallels from which to gauge the social and legal policy issues confronting women in marriage and the family today.

America at the Crossroads

Democracy, Power, and the Neoconservative Legacy
Author: Francis Fukuyama
Publisher: Yale University Press
ISBN: 9780300122534
Category: Political Science
Page: 226
View: 2691

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A prominent former neoconservative and author of "The End of History and the Last Man" explains why the Iraqi war was a mistake and outlines new directions for American foreign policy.