Law and Legitimacy in the Supreme Court

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Publisher : Harvard University Press
ISBN 13 : 0674975812
Total Pages : 237 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Legitimacy in the Supreme Court by : Richard H. Fallon

Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

Global Health Law

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Publisher : Harvard University Press
ISBN 13 : 0674369882
Total Pages : 461 pages
Book Rating : 4.6/5 (743 download)

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Book Synopsis Global Health Law by : Lawrence O. Gostin

Download or read book Global Health Law written by Lawrence O. Gostin and published by Harvard University Press. This book was released on 2014-03-31 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international community has made great progress in improving global health. But staggering health inequalities between rich and poor still remain, raising fundamental questions of social justice. In a book that systematically defines the burgeoning field of global health law, Lawrence Gostin drives home the need for effective global governance for health and offers a blueprint for reform, based on the principle that the opportunity to live a healthy life is a basic human right. Gostin shows how critical it is for institutions and international agreements to focus not only on illness but also on the essential conditions that enable people to stay healthy throughout their lifespan: nutrition, clean water, mosquito control, and tobacco reduction. Policies that shape agriculture, trade, and the environment have long-term impacts on health, and Gostin proposes major reforms of global health institutions and governments to ensure better coordination, more transparency, and accountability. He illustrates the power of global health law with case studies on AIDS, influenza, tobacco, and health worker migration. Today's pressing health needs worldwide are a problem not only for the medical profession but also for all concerned citizens. Designed with the beginning student, advanced researcher, and informed public in mind, Global Health Law will be a foundational resource for teaching, advocacy, and public discourse in global health.

Living Originalism

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Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Living Originalism by : Jack M. Balkin

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

The Cambridge Handbook of Social Enterprise Law

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Publisher : Cambridge University Press
ISBN 13 : 1316946932
Total Pages : 831 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis The Cambridge Handbook of Social Enterprise Law by : Benjamin Means

Download or read book The Cambridge Handbook of Social Enterprise Law written by Benjamin Means and published by Cambridge University Press. This book was released on 2019-01-03 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.

Culturally Responsive Cognitive Behavior Therapy

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Author :
Publisher : American Psychological Association (APA)
ISBN 13 : 9781433830167
Total Pages : 0 pages
Book Rating : 4.8/5 (31 download)

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Book Synopsis Culturally Responsive Cognitive Behavior Therapy by : Gayle Iwamasa

Download or read book Culturally Responsive Cognitive Behavior Therapy written by Gayle Iwamasa and published by American Psychological Association (APA). This book was released on 2018-10-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gayle Y. Iwamasa and Pamela A. Hays show mental health providers how to integrate cultural factors into cognitive behavior therapy (CBT). They describe the application of CBT with clients of diverse cultures and discuss how therapists can refine CBT to increase its effectiveness with clients from a variety of cultural backgrounds. Contributors examine the unique characteristics of CBT and its use with various racial, ethnic, and religious minority groups in the United States. Strategies for using CBT with older adults; individuals with disabilities; and lesbian, gay, bisexual, transgender, queer, and questioning clients are also examined. A chapter on culturally responsive CBT clinical supervision closes the volume. This new edition includes updated demographic information, a greater emphasis on culture-specific assessments, and a new chapter on using CBT with clients of South Asian descent. -- Résumé de l'éditeur.

ألف باء : مدخل إلى حروف العربية وأصواتها

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Author :
Publisher : Answer Key for Alif Baa
ISBN 13 : 1589016343
Total Pages : 20 pages
Book Rating : 4.5/5 (89 download)

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Book Synopsis ألف باء : مدخل إلى حروف العربية وأصواتها by : Kristen Brustad

Download or read book ألف باء : مدخل إلى حروف العربية وأصواتها written by Kristen Brustad and published by Answer Key for Alif Baa. This book was released on 2010 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This answer key is to be used with Alif Baa: Introduction to Letters and Sounds, Third Edition. Please note that this answer key is only useful to students and teachers who are NOT using the companion website, which includes self-correcting exercises.

“A Great Power of Attorney”

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Publisher : University Press of Kansas
ISBN 13 : 0700624252
Total Pages : 228 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis “A Great Power of Attorney” by : Gary Lawson

Download or read book “A Great Power of Attorney” written by Gary Lawson and published by University Press of Kansas. This book was released on 2017-05-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.

Behavioural Public Policy

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Publisher : Cambridge University Press
ISBN 13 : 1107042631
Total Pages : 252 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Behavioural Public Policy by : Adam Oliver

Download or read book Behavioural Public Policy written by Adam Oliver and published by Cambridge University Press. This book was released on 2013-10-24 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this accessible collection, leading academic economists, psychologists and philosophers apply behavioural economic findings to practical policy concerns.

Women's Human Rights

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812200020
Total Pages : 702 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Women's Human Rights by : Susan Deller Ross

Download or read book Women's Human Rights written by Susan Deller Ross and published by University of Pennsylvania Press. This book was released on 2013-10-09 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Reproductive Genetics and the Law

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Reproductive Genetics and the Law by : Sherman Elias

Download or read book Reproductive Genetics and the Law written by Sherman Elias and published by . This book was released on 1987 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Our Republican Constitution

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Publisher : HarperCollins
ISBN 13 : 0062412302
Total Pages : 226 pages
Book Rating : 4.0/5 (624 download)

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Book Synopsis Our Republican Constitution by : Randy E. Barnett

Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.

The Future of Foreign Intelligence

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Publisher : Oxford University Press
ISBN 13 : 019023539X
Total Pages : 209 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Future of Foreign Intelligence by : Laura K. Donohue

Download or read book The Future of Foreign Intelligence written by Laura K. Donohue and published by Oxford University Press. This book was released on 2016-02-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril. To address this, the Courts and Congress have historically given the President broad leeway to obtain foreign intelligence. But in order to find information about an individual in the United States, the executive branch had to demonstrate that the person was an agent of a foreign power. Today, that barrier no longer exists. The intelligence community now collects massive amounts of data and then looks for potential threats to the United States. As renowned national security law scholar Laura K. Donohue explains in The Future of Foreign Intelligence, global communications systems and digital technologies have changed our lives in countless ways. But they have also contributed to a worrying transformation. Together with statutory alterations instituted in the wake of 9/11, and secret legal interpretations that have only recently become public, new and emerging technologies have radically expanded the amount and type of information that the government collects about U.S. citizens. Traditionally, for national security, the Courts have allowed weaker Fourth Amendment standards for search and seizure than those that mark criminal law. Information that is being collected for foreign intelligence purposes, though, is now being used for criminal prosecution. The expansion in the government's acquisition of private information, and the convergence between national security and criminal law threaten individual liberty. Donohue traces the evolution of U.S. foreign intelligence law and pairs it with the progress of Fourth Amendment jurisprudence. She argues that the bulk collection programs instituted by the National Security Agency amount to a general warrant, the prevention of which was the reason the Founders introduced the Fourth Amendment. The expansion of foreign intelligence surveillanceleant momentum by advances in technology, the Global War on Terror, and the emphasis on securing the homelandnow threatens to consume protections essential to privacy, which is a necessary component of a healthy democracy. Donohue offers a road map for reining in the national security state's expansive reach, arguing for a judicial re-evaluation of third party doctrine and statutory reform that will force the executive branch to take privacy seriously, even as Congress provides for the collection of intelligence central to U.S. national security. Alarming and penetrating, this is essential reading for anyone interested in the future of foreign intelligence and privacy in the United States.

Repugnant Laws

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Publisher : University Press of Kansas
ISBN 13 : 0700630368
Total Pages : 432 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Repugnant Laws by : Keith E. Whittington

Download or read book Repugnant Laws written by Keith E. Whittington and published by University Press of Kansas. This book was released on 2020-05-18 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

The Georgetown Journal of Law & Public Policy

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Author :
Publisher :
ISBN 13 :
Total Pages : 836 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis The Georgetown Journal of Law & Public Policy by :

Download or read book The Georgetown Journal of Law & Public Policy written by and published by . This book was released on 2007 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Elements of Moral Cognition

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Publisher : Cambridge University Press
ISBN 13 : 0521855780
Total Pages : 431 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Elements of Moral Cognition by : John Mikhail

Download or read book Elements of Moral Cognition written by John Mikhail and published by Cambridge University Press. This book was released on 2011-06-13 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Mikhail explores whether moral psychology is usefully modelled on aspects of Universal Grammar.

The Right to Privacy

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3732645487
Total Pages : 42 pages
Book Rating : 4.7/5 (326 download)

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Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren

Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Administrative Burden

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Publisher : Russell Sage Foundation
ISBN 13 : 1610448782
Total Pages : 361 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Administrative Burden by : Pamela Herd

Download or read book Administrative Burden written by Pamela Herd and published by Russell Sage Foundation. This book was released on 2019-01-09 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2020 Outstanding Book Award Presented by the Public and Nonprofit Section of the National Academy of Management Winner of the 2019 Louis Brownlow Book Award from the National Academy of Public Administration Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.