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Nomination Of Cass R Sunstein
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Author :United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs Publisher : ISBN 13 : Total Pages :96 pages Book Rating :4.3/5 (91 download)
Book Synopsis Nomination of Cass R. Sunstein by : United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs
Download or read book Nomination of Cass R. Sunstein written by United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs and published by . This book was released on 2010 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Going to Extremes by : Cass R. Sunstein
Download or read book Going to Extremes written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2011 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In Going to Extremes, renowned legal scholar and best-selling author Cass R. Sunstein offers startling insights into why and when people gravitate toward extremism."--Inside jacket.
Book Synopsis A Constitution of Many Minds by : Cass R. Sunstein
Download or read book A Constitution of Many Minds written by Cass R. Sunstein and published by Princeton University Press. This book was released on 2009-01-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.
Book Synopsis Are Judges Political? by : Cass R. Sunstein
Download or read book Are Judges Political? written by Cass R. Sunstein and published by Rowman & Littlefield. This book was released on 2007-02-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.
Book Synopsis Radicals in Robes by : Cass R. Sunstein
Download or read book Radicals in Robes written by Cass R. Sunstein and published by Basic Books. This book was released on 2009-04-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Download or read book Liars written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2021-02-04 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.
Book Synopsis The Next Justice by : Christopher L. Eisgruber
Download or read book The Next Justice written by Christopher L. Eisgruber and published by Princeton University Press. This book was released on 2009-06-07 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: He describes a new and better manner of deliberating about who should serve on the Court - an approach that puts the burden on nominees to show that their judicial philosophies and politics are acceptable to senators and citizens alike. And he makes a new case for the virtue of judicial moderates."
Download or read book Advice and Consent written by Lee Epstein and published by Oxford University Press. This book was released on 2005-09-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Louis Brandeis to Robert Bork to Clarence Thomas, the nomination of federal judges has generated intense political conflict. With the coming retirement of one or more Supreme Court Justices--and threats to filibuster lower court judges--the selection process is likely to be, once again, the center of red-hot partisan debate. In Advice and Consent, two leading legal scholars, Lee Epstein and Jeffrey A. Segal, offer a brief, illuminating Baedeker to this highly important procedure, discussing everything from constitutional background, to crucial differences in the nomination of judges and justices, to the role of the Judiciary Committee in vetting nominees. Epstein and Segal shed light on the role played by the media, by the American Bar Association, and by special interest groups (whose efforts helped defeat Judge Bork). Though it is often assumed that political clashes over nominees are a new phenomenon, the authors argue that the appointment of justices and judges has always been a highly contentious process--one largely driven by ideological and partisan concerns. The reader discovers how presidents and the senate have tried to remake the bench, ranging from FDR's controversial "court packing" scheme to the Senate's creation in 1978 of 35 new appellate and 117 district court judgeships, allowing the Democrats to shape the judiciary for years. The authors conclude with possible "reforms," from the so-called nuclear option, whereby a majority of the Senate could vote to prohibit filibusters, to the even more dramatic suggestion that Congress eliminate a judge's life tenure either by term limits or compulsory retirement. With key appointments looming on the horizon, Advice and Consent provides everything concerned citizens need to know to understand the partisan rows that surround the judicial nominating process.
Book Synopsis Why Groups Go to Extremes by : Cass R. Sunstein
Download or read book Why Groups Go to Extremes written by Cass R. Sunstein and published by A E I Press. This book was released on 2008 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does group behavior drive extremism and challenge democratic values? Cass R. Sunstein argues that the key to preventing the spread of extremist views is not to suppress deliberation among the like-minded; such groups productively challenge conventional thinking and majority opinion. Instead, policymakers should develop institutions to ensure that like-minded groups encounter a diversity of opinions within civil society. The goal, Sunstein contends, must be to create opportunities for civil deliberation that expose like-minded group members to opposing views, while exposing society at large to the views of such groups.
Book Synopsis The Second Bill of Rights by : Cass R. Sunstein
Download or read book The Second Bill of Rights written by Cass R. Sunstein and published by Basic Books. This book was released on 2009-03-25 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1944, Franklin Delano Roosevelt gave a State of the Union Address that was arguably the greatest political speech of the twentieth century. In it, Roosevelt grappled with the definition of security in a democracy, concluding that "unless there is security here at home, there cannot be lasting peace in the world." To help ensure that security, he proposed a "Second Bill of Rights" -- economic rights that he saw as necessary to political freedom. Many of the great legislative achievements of the past sixty years stem from Roosevelt's vision. Using this speech as a launching point, Cass R. Sunstein shows how these rights are vital to the continuing security of our nation. This is an ambitious, sweeping book that argues for a new vision of FDR, of constitutional history, and our current political scene.
Book Synopsis Cognitive Infiltration by : David Ray Griffin
Download or read book Cognitive Infiltration written by David Ray Griffin and published by Interlink Books. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Former Chicago and Harvard law professor Cass Sunstein, who in 2009 was appointed by President Barack Obama to direct an important executive branch office, had in 2008 co-authored an article containing a plan for the government to prevent the spread of anti-government 'conspiracy theories,' in which he advocated the use of anonymous government agents to engage in 'cognitive infiltration' of these groups in order to break them up. In his new book, Griffin focuses on the fact that Sunstein's primary target is the conspiracy theory advocated by the 9/11 Truth Movement. Examining Sunstein's charge that this theory is both 'harmful' and 'demonstrably false,' Griffin uses both satire and overwhelming evidence to show that this twofold charge applies instead to what Sunstein calls 'the true conspiracy theory' about 9/11--namely, the 'theory that al-Qaeda was responsible for 9/11.'
Download or read book Noise written by Daniel Kahneman and published by Little, Brown. This book was released on 2021-05-18 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Nobel Prize-winning author of Thinking, Fast and Slow and the coauthor of Nudge, a revolutionary exploration of why people make bad judgments and how to make better ones—"a tour de force” (New York Times). Imagine that two doctors in the same city give different diagnoses to identical patients—or that two judges in the same courthouse give markedly different sentences to people who have committed the same crime. Suppose that different interviewers at the same firm make different decisions about indistinguishable job applicants—or that when a company is handling customer complaints, the resolution depends on who happens to answer the phone. Now imagine that the same doctor, the same judge, the same interviewer, or the same customer service agent makes different decisions depending on whether it is morning or afternoon, or Monday rather than Wednesday. These are examples of noise: variability in judgments that should be identical. In Noise, Daniel Kahneman, Olivier Sibony, and Cass R. Sunstein show the detrimental effects of noise in many fields, including medicine, law, economic forecasting, forensic science, bail, child protection, strategy, performance reviews, and personnel selection. Wherever there is judgment, there is noise. Yet, most of the time, individuals and organizations alike are unaware of it. They neglect noise. With a few simple remedies, people can reduce both noise and bias, and so make far better decisions. Packed with original ideas, and offering the same kinds of research-based insights that made Thinking, Fast and Slow and Nudge groundbreaking New York Times bestsellers, Noise explains how and why humans are so susceptible to noise in judgment—and what we can do about it.
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Book Synopsis After the Rights Revolution by : Cass R. Sunstein
Download or read book After the Rights Revolution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1990 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Book Synopsis Constitutional Personae by : Cass R. Sunstein
Download or read book Constitutional Personae written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2015-09-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Author :President's Review Group on Intelligence and Communications Technologies, The Publisher :Princeton University Press ISBN 13 :1400851270 Total Pages :287 pages Book Rating :4.4/5 (8 download)
Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Book Synopsis What Roe V. Wade Should Have Said by : Jack M. Balkin
Download or read book What Roe V. Wade Should Have Said written by Jack M. Balkin and published by NYU Press. This book was released on 2023-01-17 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.
