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Misreading Law Misreading Democracy
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Book Synopsis Misreading Law, Misreading Democracy by : Victoria Nourse
Download or read book Misreading Law, Misreading Democracy written by Victoria Nourse and published by Harvard University Press. This book was released on 2016-09-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Misreading Law, Misreading Democracy by : Victoria Nourse
Download or read book Misreading Law, Misreading Democracy written by Victoria Nourse and published by Harvard University Press. This book was released on 2016-09-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Our Undemocratic Constitution by : Sanford Levinson
Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer
Book Synopsis A Matter of Dispute by : Christopher J. Peters
Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Book Synopsis Democracy in America? by : Benjamin I. Page
Download or read book Democracy in America? written by Benjamin I. Page and published by University of Chicago Press. This book was released on 2020-04-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Important and riveting . . . The solution isn’t to redistribute wealth from the have-mores to the have-lesses. It’s to redistribute political power to everyone.” —Robert B. Reich America faces daunting problems—stagnant wages, high health care costs, neglected schools, deteriorating public services. How did we get here? Through decades of dysfunctional government. In Democracy in America? veteran political observers Benjamin I. Page and Martin Gilens marshal an unprecedented array of evidence to show that while other countries have responded to a rapidly changing economy by helping people who’ve been left behind, the United States has failed to do so. Instead, we have actually exacerbated inequality, enriching corporations and the wealthy while leaving ordinary citizens to fend for themselves. What’s the solution? More democracy. More opportunities for citizens to shape what their government does. To repair our democracy, Page and Gilens argue, we must change the way we choose candidates and conduct our elections, reform our governing institutions, and curb the power of money in politics. By doing so, we can reduce polarization and gridlock, address pressing challenges, and enact policies that truly reflect the interests of average Americans. Updated with new information, this book lays out a set of proposals that would boost citizen participation, curb the power of money, and democratize the House and Senate. “Brilliant, indispensable, and highly accessible.” —New York Journal of Books
Book Synopsis The People Have Spoken (and They Are Wrong) by : David Harsanyi
Download or read book The People Have Spoken (and They Are Wrong) written by David Harsanyi and published by Simon and Schuster. This book was released on 2014-03-10 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy may be one of the most admired ideas ever concocted, but what if it’s also one of the most harebrained? After many years of writing about democracy for a living, David Harsanyi has concluded that it’s the most overrated, overused, and misunderstood idea in political life. The less we have of it the better. “Democracy” is not synonymous with “freedom.” It is not the opposite of tyranny. In fact, the Founding Fathers knew that democracy can lead to tyranny. That’s why they built so many safeguards against it into the Constitution. Democracy, Harsanyi argues, has made our government irrational, irresponsible, and invasive. It has left the American people with only two options—domination by the majority or a government that can’t possibly work. The modern age has imbued democracy with the mystique of infallibility. But Harsanyi reminds us that the vast majority of political philosophers, including the founders, have thought that responsible, limited government based on direct majority rule over a large, let alone continental scale was a practical impossibility. In The People Have Spoken, you’ll learn: Why the Framers of our Constitution were intent on establishing a republic, not a “democracy” How democracy undermines self-government How shockingly out of touch with reality most voters really are Why democracy is an economic wrecking ball—and an invitation to a politics of envy and corruption How the great political philosophers from Plato and Aristotle to Burke and Tocqueville predicted with uncanny accuracy that democracy could lead to tyranny Harsanyi warns that if we don’t recover the Founders’ republican vision, “democracy” might very well spell the end of American liberty and prosperity.
Book Synopsis The Freedom to Read by : American Library Association
Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Madison's Music written by Burt Neuborne and published by New Press, The. This book was released on 2011-05-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A detailed history of the transformation of First Amendment law” from one of the nation’s foremost civil liberties lawyers (The New York Times). Are you sitting down? It turns out that everything you learned about the First Amendment is wrong. For too long, we’ve been treating small, isolated snippets of the text as infallible gospel without looking at the masterpiece of the whole. Legal luminary Burt Neuborne argues that the structure of the First Amendment as well as of the entire Bill of Rights was more intentional than most people realize, beginning with the internal freedom of conscience and working outward to freedom of expression and finally freedom of public association. This design, Neuborne argues, was not to protect discrete individual rights—such as the rights of corporations to spend unlimited amounts of money to influence elections—but to guarantee that the process of democracy continues without disenfranchisement, oppression, or injustice. Neuborne, who was the legal director of the ACLU and has argued numerous cases before the Supreme Court, invites us to hear the “music” within the form and content of Madison’s carefully formulated text. When we hear Madison’s music, a democratic ideal flowers in front of us, and we can see that the First Amendment gives us the tools to fight for campaign finance reform, the right to vote, equal rights in the military, the right to be full citizens, and the right to prevent corporations from riding roughshod over the weakest among us. Neuborne gives us an eloquent lesson in democracy that informs and inspires. “In the dark art of lawyering, Neuborne has always been considered a white knight.” —New York
Book Synopsis Democracy and Political Ignorance by : Ilya Somin
Download or read book Democracy and Political Ignorance written by Ilya Somin and published by Stanford University Press. This book was released on 2013-10-02 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the biggest problems with modern democracy is that most of the public is usually ignorant of politics and government. Often, many people understand that their votes are unlikely to change the outcome of an election and don't see the point in learning much about politics. This may be rational, but it creates a nation of people with little political knowledge and little ability to objectively evaluate what they do know. In Democracy and Political Ignorance, Ilya Somin mines the depths of ignorance in America and reveals the extent to which it is a major problem for democracy. Somin weighs various options for solving this problem, arguing that political ignorance is best mitigated and its effects lessened by decentralizing and limiting government. Somin provocatively argues that people make better decisions when they choose what to purchase in the market or which state or local government to live under, than when they vote at the ballot box, because they have stronger incentives to acquire relevant information and to use it wisely.
Book Synopsis How Rights Went Wrong by : Jamal Greene
Download or read book How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Book Synopsis What's Wrong with Democracy? by : Loren J. Samons
Download or read book What's Wrong with Democracy? written by Loren J. Samons and published by Univ of California Press. This book was released on 2007-04-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is unlike any recent work I know of. It offers a challenging, often refreshing, and what will certainly be a controversial assessment of classical Athenian democracy and its significance to modern America. Samons is willing to tread where few other classicists are willing to go in print. He reminds readers that the Athenian democracy offers just as many negative lessons as positive ones, and topics like the popular vote, the dangers of state payments to individual citizens, the naturally acquisitive foreign policy of democratic governments, and the place of religion in democracy all come up for discussion and criticism. Samons has written an original and very provocative book."—James Sickinger, author of Public Records and Archives in Classical Athens "Professor Samons' lively and challenging account of ancient Athens raises important questions about democracy, ancient and modern. It will surely arouse keen interest and debate."—Donald Kagan, author of The Peloponnesian War "In this elegantly written, carefully researched, and perceptive book, Samons presents a penetrating analysis of ancient Athenian democracy's dark sides. His book is as much about the errors and weaknesses of our own political system as it is about those of ancient Athens. Whether or not we agree with his critique and conclusions, this book is not merely thought-provoking: it is annoyingly discomforting, forcing us to re-examine firm beliefs and to discard easy solutions."—Kurt A. Raaflaub, author of Discovery of Freedom in Ancient Greece "In this marvelously unfashionable book, Samons debunks much of what passes in the current-day academy as scholarship on classical Athens, demonstrating that it is an ideologically-driven apology for a radically defective form of government. In the process, he casts light on the perspicacity of America's founding fathers and on the unthinking populism that threatens in our own day to ruin their legacy."—Paul A. Rahe, author of Republics Ancient and Modern: Classical Republicanism and the American Revolution "We are in the greatest age of democracy since antiquity and in the most need of guidance about the wisdom of government by majority vote. Precisely for that reason Professor Samons offers a bold and unbridled look at the nature and history of democracies, ancient and modern. He reminds us that we are capable of doing as much evil as good when constitutional protections and republican oversight are not there to moderate the instant desires of the majority. This is an engaging, provocative, and timely study of ancient Athens and modern America that should serve as a cautionary reminder to both romantic scholars and zealous diplomats."—Victor Davis Hanson, author of The Other Greeks
Book Synopsis The Age of Surveillance Capitalism by : Shoshana Zuboff
Download or read book The Age of Surveillance Capitalism written by Shoshana Zuboff and published by PublicAffairs. This book was released on 2019-01-15 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges to humanity posed by the digital future, the first detailed examination of the unprecedented form of power called "surveillance capitalism," and the quest by powerful corporations to predict and control our behavior. In this masterwork of original thinking and research, Shoshana Zuboff provides startling insights into the phenomenon that she has named surveillance capitalism. The stakes could not be higher: a global architecture of behavior modification threatens human nature in the twenty-first century just as industrial capitalism disfigured the natural world in the twentieth. Zuboff vividly brings to life the consequences as surveillance capitalism advances from Silicon Valley into every economic sector. Vast wealth and power are accumulated in ominous new "behavioral futures markets," where predictions about our behavior are bought and sold, and the production of goods and services is subordinated to a new "means of behavioral modification." The threat has shifted from a totalitarian Big Brother state to a ubiquitous digital architecture: a "Big Other" operating in the interests of surveillance capital. Here is the crucible of an unprecedented form of power marked by extreme concentrations of knowledge and free from democratic oversight. Zuboff's comprehensive and moving analysis lays bare the threats to twenty-first century society: a controlled "hive" of total connection that seduces with promises of total certainty for maximum profit -- at the expense of democracy, freedom, and our human future. With little resistance from law or society, surveillance capitalism is on the verge of dominating the social order and shaping the digital future -- if we let it.
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Book Synopsis Democracy, Law, and Justice, Grades 5 - 8 by : Daniel S. Campagna
Download or read book Democracy, Law, and Justice, Grades 5 - 8 written by Daniel S. Campagna and published by Mark Twain Media. This book was released on 2010-08-06 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bring the judge and jury into the classroom using Democracy, Law, and Justice for grades 5 and up! This 80-page book covers topics such as citizen rights, civil law, the judicial process, juvenile justice, the Salem witch trials, and the FBI. The book presents and reinforces information through captivating reading passages and a variety of activities and worksheets. It also includes a complete answer key and reproducibles.
Book Synopsis Democracy's International Law by : Jackson Harvey Ralston
Download or read book Democracy's International Law written by Jackson Harvey Ralston and published by . This book was released on 1922 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democracy and Distrust by : John Hart Ely
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Book Synopsis Democracy More or Less by : Bruce E. Cain
Download or read book Democracy More or Less written by Bruce E. Cain and published by Cambridge University Press. This book was released on 2015 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.
