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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 2016-09-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law. Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context. Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making 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 2016-09-26 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 Divergent Paths by : Richard A. Posner
Download or read book Divergent Paths written by Richard A. Posner and published by Harvard University Press. This book was released on 2016-01-04 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
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 here 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. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans 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.
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: 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.
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
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 What is Wrong with the First Amendment? by : Steven H. Shiffrin
Download or read book What is Wrong with the First Amendment? written by Steven H. Shiffrin and published by Cambridge University Press. This book was released on 2016-10-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that America's relationship with the First Amendment jeopardizes privacy, equality, fair trials and democracy.
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 377 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 They Don't Represent Us by : Lawrence Lessig
Download or read book They Don't Represent Us written by Lawrence Lessig and published by HarperCollins. This book was released on 2019-11-05 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An impassioned call to all Americans to fight for equal representation.” — Kirkus Reviews “This bracing report on the state of American politics offers valuable insights for the 2020 elections.” — Publishers Weekly “A thoughtful, illuminating, nonpartisan, and pragmatic analysis of the changes needed to restore power to the public… In this bold and compelling book, Lessig both scrutinizes the laws and forces that led us to this point and guides us towards visionary changes that can reset and restore our faith in our democracy. Given the complexities of the tasks at hand, this a must-read and a much-needed wake up call.” — Booklist “Lessig tells it with skill, citing a plethora of studies and historical examples to make a persuasive case about the unrepresentativeness of America’s political institutions.” — New York Time Book Review “Lessig paints a searing portrait of a defective political system that is nonetheless full of hope, community spirit, self-empowered individuals, and ways to fix what is broken.” — Foreign Affairs “Lessig is right that a representative American democracy, desirable in itself, would also solve most of the problems that now seem insoluble. It is hard to imagine a more thoughtful and appealing companion in the hard work to move our system to where it ought to be: in our own hands.” — Timothy Snyder, bestselling author of On Tyranny and The Road to Unfreedom “Lessig, a leading proponent of campaign finance reform, now aims at something even bigger: fixing our broken system of representative democracy. This book is brimming with promising and provocative proposals to fix campaign finance, gerrymandering, the electoral college, the filibuster, and the mind-numbing effects of cable news and social media. It is a bold and bracing repair manual for government of, by, and for the people.” — Michael J. Sandel, bestselling author of What Money Can’t Buy “Lessig is a modern-day Paul Revere with a warning we must heed: Our representative democracy no longer represents us. The change we need is deep and serious. And it can’t be fixed with by one election, party, or politician. This urgent book offers not only a clear-eyed explanation of the forces that broke our politics, but a thoughtful and, yes, patriotic vision of how we create a government that’s truly by and for the people. We ignore his alarm at our own peril.” — David Daley, bestselling author of Ratf**ked and Unrigged “Everything Lessig writes should be carefully read. Read it, consider it, and most important, act on it. Our democracy is at stake.” — Nancy MacLean, bestselling author of Democracy in Chains “The American experiment in representative government is on life support. In his brilliant book, Lessig provides the medical record and a recommended course of care to save the patient. Every American should read it ... stat!” — Roger McNamee bestselling author of Zucked “Full of original, provocative insights and surprising stories, this book is for all who seek to create effective democracy in America.” — Frances Moore Lappé, bestselling author of Diet for a Small Planet and coauthor with Adam Eichen of Daring Democracy “Lessig proposes the making of a nonpartisan politics to breathe life into the corpse of America’s dysfunctional democracy. He does so with fierce and plainspoken clarity. A challenging work of the political imagination, unsweetened with pious cant.” — Lewis H. Lapham, editor and founder of Lapham’s Quarterly “Lessig is the thinking man’s popular reformer and this book is a powerful, patriotic and above all useful guide to the fixes for American representative democracy. Agree or disagree, it every citizen should read this book.” — Tim Wu, bestselling author of The Curse of Bigness “Lessig has long been the leading voice on how corruption undermines American democracy. In this book, he trains his trademark wit and incisiveness on an even bigger problem: Our political institutions, he shows, are deeply unrepresentative. Thankfully, Lessig has an original plan for how to build on the principles of the Founding Fathers to make our institutions serve all Americans.” — Yascha Mounk, author of The People vs. Democracy “American democracy is buckling under the weight of the public’s deep cynicism. Lessig’s book brings clarity to the many factors feeding this civic deterioration, from our warped campaign finance system to the increasingly balkanized media to the pernicious power of our ‘vetocracy.’ Charting a new course that can revitalize our Republic will demand a reckoning with these deep-seated challenges. This book is a clarion call to do just that.” — Representative John P. Sarbanes “This book is a tour de force by one of America’s most interesting thinkers about democracy. Lessig finds democratic sclerosis not only in the institutions and arrangements of government, but also among we the people. Although Lessig considers familiar policy proposals such as campaign finance reform and breaking up social media monopolies, conventional reforms are far from enough to solve the problem of a democracy under extreme stress. He offers proposals aimed at getting us out of our silos, educated, organized, and deliberating toward a more perfect union.” — Richard L. Hasen, author of Election Meltdown “This book brilliantly diagnoses some of the fundamental ailments of American democracy. Lessig provides an original and illuminating analysis of how we have been led astray by our reliance on public opinion polling in a fractured media and social media landscape. This book is a must-read for anyone trying to understand — and indeed hoping to reclaim — our democracy.” — Deb Roy, Professor of Media Arts & Sciences, MIT and Co-founder & Executive Chairman, Cortico “In classic Lessig fashion, this book connects one of society’s biggest challenges—the impact of technology on our society and democracy—to the evolution of our constitution to show how we’ve lost our voice in our system of government. But as the reader descends into a spiral of despair, he pulls them up with the hope of potential interventions that could successfully enact positive change.” — Joi Ito, Director, MIT Media Lab “Lessig has long been a leader in the fight to save our democracy. In this book, Larry again brings his characteristic, inspirational passion and insight to the most pressing challenge of our time—the fate of our Republic. His new insights into “unrepresentativeness” are a distinctive contribution to the national discussion—in particular, his contention that the problem is not just “they” but also “us”. If you’re concerned about our democracy, it’s a proverbial must-read. And along with his deep thinking, Larry brings a keen sense of humor and awareness of the absurd that made us wryly chuckle out loud.” — Katherine M. Gehl and Michael E. Porter, authors of Why Competition in the Politics Industry Is Failing America: A strategy for reinvigorating our democracy. “Lessig eloquently advances his diagnosis of our democratic condition. He then helps us understand how remedies might be possible. A book of lasting importance.” — James Fishkin, Stanford University professor and author of Democracy When the People Are Thinking “A sweeping analysis by one of America’s most astute and passionate political voices. Lessig shows how America suffers both from a dysfunctional government and from the deficiencies of an increasingly polarized and poorly-informed public. More importantly, he points us toward the reforms we need to repair our representative democracy by making elected officials more responsive to the public and making the public more worthy of responding to. A compelling new contribution to the most important discussion of our time.” — Martin Gilens, Professor of Public Policy, UCLA Luskin School of Public Affairs “Hard-hitting analysis… Lessig persuasively supports his argument that the U.S. political system is unrepresentative.” — EMissourian.com
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.
Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
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 When Is Discrimination Wrong? by : Deborah Hellman
Download or read book When Is Discrimination Wrong? written by Deborah Hellman and published by Harvard University Press. This book was released on 2011-03-11 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling. In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrongÑwhen it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-makingÑwonÕt adequately explain our widely shared intuitions. Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning. Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.
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.
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 Law, Liberty and State by : David Dyzenhaus
Download or read book Law, Liberty and State written by David Dyzenhaus and published by Cambridge University Press. This book was released on 2015-05-28 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings the three most important twentieth-century theorists of the rule of law into debate with each other.
