The Tough Luck Constitution and the Assault on Healthcare Reform

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199970025
Total Pages : 195 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Tough Luck Constitution and the Assault on Healthcare Reform by : Andrew Koppelman

Download or read book The Tough Luck Constitution and the Assault on Healthcare Reform written by Andrew Koppelman and published by Oxford University Press. This book was released on 2013-04-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at Chief Justice John Roberts' upholding of "Obamacare," and shows how his decision was based on libertarian ideals and may not be a victory, but instead a blow, to progressives.

The Tough Luck Constitution and the Assault on Health Care Reform

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Author :
Publisher :
ISBN 13 : 9780190260187
Total Pages : 182 pages
Book Rating : 4.2/5 (61 download)

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Book Synopsis The Tough Luck Constitution and the Assault on Health Care Reform by : Andrew Koppelman

Download or read book The Tough Luck Constitution and the Assault on Health Care Reform written by Andrew Koppelman and published by . This book was released on 2013 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still a divisive issue. This book suggests that the constitutional arguments against it are spurious, and it explains why. After walking readers through the 125-year modern history of Supreme Court cases dealing with the regulation of commerce, the book tackles the arguments for and against the law.

Violence, Nonviolence, and the Palestinian National Movement

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Publisher : Cambridge University Press
ISBN 13 : 1139503057
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Violence, Nonviolence, and the Palestinian National Movement by : Wendy Pearlman

Download or read book Violence, Nonviolence, and the Palestinian National Movement written by Wendy Pearlman and published by Cambridge University Press. This book was released on 2011-10-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do some national movements use violent protest and others nonviolent protest? Wendy Pearlman shows that much of the answer lies inside movements themselves. Nonviolent protest requires coordination and restraint, which only a cohesive movement can provide. When, by contrast, a movement is fragmented, factional competition generates new incentives for violence and authority structures are too weak to constrain escalation. Pearlman reveals these patterns across one hundred years in the Palestinian national movement, with comparisons to South Africa and Northern Ireland. To those who ask why there is no Palestinian Gandhi, Pearlman demonstrates that nonviolence is not simply a matter of leadership. Nor is violence attributable only to religion, emotions or stark instrumentality. Instead, a movement's organizational structure mediates the strategies that it employs. By taking readers on a journey from civil disobedience to suicide bombings, this book offers fresh insight into the dynamics of conflict and mobilization.

Gay Rights Vs. Religious Liberty?

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Publisher : Oxford University Press, USA
ISBN 13 : 0197500986
Total Pages : 215 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Gay Rights Vs. Religious Liberty? by : Andrew Koppelman

Download or read book Gay Rights Vs. Religious Liberty? written by Andrew Koppelman and published by Oxford University Press, USA. This book was released on 2020-06-02 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society. Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced. Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.

The Conservative Assault on the Constitution

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Publisher : Simon and Schuster
ISBN 13 : 1451606354
Total Pages : 338 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Conservative Assault on the Constitution by : Erwin Chemerinsky

Download or read book The Conservative Assault on the Constitution written by Erwin Chemerinsky and published by Simon and Schuster. This book was released on 2010-09-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.

Our Unfinished March

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Author :
Publisher : One World
ISBN 13 : 0593445767
Total Pages : 305 pages
Book Rating : 4.5/5 (934 download)

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Book Synopsis Our Unfinished March by : Eric Holder

Download or read book Our Unfinished March written by Eric Holder and published by One World. This book was released on 2023-06-06 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brutal, bloody, and at times hopeful history of the vote; a primer on the opponents fighting to take it away; and a playbook for how we can save our democracy before it’s too late—from the former U.S. Attorney General on the front lines of this fight Voting is our most important right as Americans—“the right that protects all the others,” as Lyndon Johnson famously said when he signed the Voting Rights Act—but it’s also the one most violently contested throughout U.S. history. Since the gutting of the act in the landmark Shelby County v. Holder case in 2013, many states have passed laws restricting the vote. After the 2020 election, President Trump’s effort to overturn the vote has evolved into a slow-motion coup, with many Republicans launching an all-out assault on our democracy. The vote seems to be in unprecedented peril. But the peril is not at all unprecedented. America is a fragile democracy, Eric Holder argues, whose citizens have only had unfettered access to the ballot since the 1960s. He takes readers through three dramatic stories of how the vote was won: first by white men, through violence and insurrection; then by white women, through protests and mass imprisonments; and finally by African Americans, in the face of lynchings and terrorism. Next, he dives into how the vote has been stripped away since Shelby—a case in which Holder was one of the parties. He ends with visionary chapters on how we can reverse this tide of voter suppression and become a true democracy where every voice is heard and every vote is counted. Full of surprising history, intensive analysis, and actionable plans for the future, this is a powerful primer on our most urgent political struggle from one of the country's leading advocates.

Obamacare Wars

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Publisher : University Press of Kansas
ISBN 13 : 0700635076
Total Pages : 248 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis Obamacare Wars by : Daniel Béland

Download or read book Obamacare Wars written by Daniel Béland and published by University Press of Kansas. This book was released on 2023-02-10 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not five minutes after the Affordable Care Act (ACA) was signed into law, in March 2010, Virginia’s attorney general was suing to stop it. And yet, the ACA rolled out, in infamously bumpy fashion, and rolled on, fought and defended at every turn—despite President Obama’s claim, in 2014, that its proponents and opponents could finally “stop fighting old political battles that keep us gridlocked.” But not only would the battles not stop, as Obamacare Wars makes acutely clear, they spread from Washington, DC, to a variety of new arenas. The first thorough account of the implementation of the ACA, this book reveals the fissures the act exposed in the American federal system. Obamacare Wars shows how the law’s intergovernmental structure, which entails the participation of both the federal government and the states, has deeply shaped the politics of implementation. Focusing on the creation of insurance exchanges, the expansion of Medicaid, and execution of regulatory reforms, Daniel Béland, Philip Rocco, and Alex Waddan examine how opponents of the ACA fought back against its implementation. They also explain why opponents of the law were successful in some efforts and not in others—and not necessarily in a seemingly predictable red vs. blue pattern. Their work identifies the role of policy legacies, institutional fragmentation, and public sentiments in each instance as states grappled with new institutions, as in the case of the exchanges, or existing structures, in Medicaid and regulatory reform. Looking broadly at national trends and specifically at the experience of individual states, Obamacare Wars brings much-needed clarity to highly controversial but little-understood aspects of the Affordable Care Act’s odyssey, with implications for how we understand the future trajectory of health reform, as well as the multiple forms of federalism in American politics.

The Democratic Constitution

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199916543
Total Pages : 369 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Democratic Constitution by : Neal Devins

Download or read book The Democratic Constitution written by Neal Devins and published by Oxford University Press, USA. This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

The Democratic Constitution, 2nd Edition

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190279567
Total Pages : 369 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Democratic Constitution, 2nd Edition by : Neal Devins

Download or read book The Democratic Constitution, 2nd Edition written by Neal Devins and published by Oxford University Press. This book was released on 2015-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.

Flawed Convictions

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Publisher : Oxford University Press
ISBN 13 : 0190233613
Total Pages : 322 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Flawed Convictions by : Deborah Tuerkheimer

Download or read book Flawed Convictions written by Deborah Tuerkheimer and published by Oxford University Press. This book was released on 2015 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice system's treatment of what is, in essence, a medical diagnosis of murder.--Publisher's description.

Uncertain Justice

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Publisher : Macmillan
ISBN 13 : 0805099093
Total Pages : 416 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Uncertain Justice by : Laurence Tribe

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Black-Brown Solidarity

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Publisher : University of Texas Press
ISBN 13 : 029275387X
Total Pages : 286 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis Black-Brown Solidarity by : John D. Márquez

Download or read book Black-Brown Solidarity written by John D. Márquez and published by University of Texas Press. This book was released on 2014-01-06 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The first scholarly study of Black-Latino solidarity and coalition in response to a Latino population boom in the Gulf South"--

Uncertain Justice

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Publisher : Macmillan + ORM
ISBN 13 : 0805099131
Total Pages : 420 pages
Book Rating : 4.8/5 (5 download)

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Book Synopsis Uncertain Justice by : Laurence Tribe

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan + ORM. This book was released on 2014-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post

The Health Care Case

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199301077
Total Pages : 401 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Health Care Case by : Nathaniel Persily

Download or read book The Health Care Case written by Nathaniel Persily and published by Oxford University Press. This book was released on 2013-05-15 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's decision in the Health Care Case, NFIB v. Sebelius, gripped the nation's attention during the spring of 2012. Like the legislative battle leading to adoption of "Obamacare", the litigation took many unexpected twists and turns, culminating in a surprising, fractured and confusing decision from the Supreme Court. This volume gathers together reactions to the decision from an ideologically diverse selection of the nation's leading scholars of constitutional, administrative, and health law.

Regulating Gun Sales

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Author :
Publisher : Johns Hopkins University Press+ORM
ISBN 13 : 1421411725
Total Pages : 32 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Regulating Gun Sales by : Daniel W Webster

Download or read book Regulating Gun Sales written by Daniel W Webster and published by Johns Hopkins University Press+ORM. This book was released on 2013-03-26 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excerpt from the “masterful, timely, data-driven” study of the gun control debate examines the potential of stronger purchasing laws (Choice). As the debate on gun control continues, evidence-based research is needed to answer a crucial question: How do we reduce gun violence? One of the biggest gun policy reforms under consideration is the regulation of firearm sales and stopping the diversion of guns to criminals. This selection from the major anthology of studies Reducing Gun Violence in America presents compelling evidence that stronger purchasing laws and better enforcement of these laws result in lower gun violence. Additional material for this edition includes an introduction by Michael R. Bloomberg and Consensus Recommendations for Reforms to Federal Gun Policies from the Johns Hopkins University.

Law Man

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Author :
Publisher : Crown
ISBN 13 : 0307887839
Total Pages : 643 pages
Book Rating : 4.3/5 (78 download)

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Book Synopsis Law Man by : Shon Hopwood

Download or read book Law Man written by Shon Hopwood and published by Crown. This book was released on 2012 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces how the author, a Navy veteran, committed five bank robberies and spent years in prison before he rallied with the support of family and friends and learned savvy legal skills, allowing him to build a promising life as a free man.

The Affordable Care Act Decision

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Author :
Publisher : Routledge
ISBN 13 : 1134641087
Total Pages : 372 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis The Affordable Care Act Decision by : Fritz Allhoff

Download or read book The Affordable Care Act Decision written by Fritz Allhoff and published by Routledge. This book was released on 2014-02-18 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in NFIB v. Sebelius has been extraordinarily high, from as soon as the legislation was passed, through lower court rulings, the Supreme Court’s grant of certiorari, and the decision itself, both for its substantive holdings and the purported behind-the-scene dynamics. Legal blogs exploded with analysis, bioethicists opined on our collective responsibilities, and philosophers tackled concepts like ‘coercion’ and the activity/inactivity distinction. This volume aims to bring together scholars from disparate fields to analyze various features of the decision. It comprises over twenty essays from a range of academic disciplines, namely law, philosophy, and political science. Essays are divided into five units: context and history, analyzing the opinions, individual liberty, Medicaid, and future implications.