Author: Cass R. Sunstein Publisher: Harvard University Press ISBN: 9780674009097 Category : Law Languages : en Pages : 300
Book Description
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.
Author: Daniel A. Farber Publisher: University of Chicago Press ISBN: 0226238113 Category : Law Languages : en Pages : 170
Book Description
In Law and Public Choice, Daniel Farber and Philip Frickey present a remarkably rich and accessible introduction to the driving principles of public choice. In this, the first systematic look at the implications of social choice for legal doctrine, Farber and Frickey carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making. “Law and Public Choice is a most valuable contribution to the burgeoning literature. It should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law School
Author: Charles R. Epp Publisher: University of Chicago Press ISBN: 022677242X Category : Law Languages : en Pages : 343
Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: Gavin Wright Publisher: Harvard University Press ISBN: 0674076443 Category : Business & Economics Languages : en Pages : 368
Book Description
Southern bus boycotts and lunch counter sit-ins were famous acts of civil disobedience but were also demands for jobs in the very services being denied blacks. Gavin Wright shows that the civil rights struggle was of economic benefit to all parties: the wages of southern blacks increased dramatically but not at the expense of southern whites.
Author: Lynda G. Dodd Publisher: Cambridge University Press ISBN: 1316732649 Category : Law Languages : en Pages : 399
Book Description
The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.
Author: John David Skrentny Publisher: Harvard University Press ISBN: 0674043731 Category : History Languages : en Pages : 490
Book Description
In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway--Latinos, women, Asian Americans, and the disabled found themselves the beneficiaries of new laws and policies--and by the early 1970s a minority rights revolution was well underway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, John D. Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution--and that forever changed the face of American politics. Though protest and lobbying played a role in bringing about new laws and regulations--touching everything from wheelchair access to women's athletics to bilingual education--what Skrentny describes was not primarily a bottom-up story of radical confrontation. Rather, elites often led the way, and some of the most prominent advocates for expanding civil rights were the conservative Republicans who later emerged as these policies' most vociferous opponents. This book traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies' triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union. It also contrasts failed minority rights development for white ethnics and gays/lesbians with groups the government successfully categorized with African Americans. Investigating these links, Skrentny is able to present the world as America's leaders saw it; and so, to show how and why familiar figures--such as Lyndon Johnson, Richard Nixon, and, remarkably enough, conservatives like Senator Barry Goldwater and Robert Bork--created and advanced policies that have made the country more egalitarian but left it perhaps as divided as ever.
Author: Kate Masur Publisher: W. W. Norton & Company ISBN: 1324005947 Category : History Languages : en Pages : 480
Book Description
Finalist for the 2022 Pulitzer Prize in History Finalist for the 2022 Lincoln Prize Winner of the 2022 John Nau Book Prize in American Civil War Era History One of NPR's Best Books of 2021 and a New York Times Critics' Top Book of 2021 A groundbreaking history of the movement for equal rights that courageously battled racist laws and institutions, Northern and Southern, in the decades before the Civil War. The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states enacted laws that discouraged free African Americans from settling within their boundaries and restricted their rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws. They countered the states’ insistences that states were merely trying to maintain the domestic peace with the equal-rights promises they found in the Declaration of Independence and the Constitution. They were pastors, editors, lawyers, politicians, ship captains, and countless ordinary men and women, and they fought in the press, the courts, the state legislatures, and Congress, through petitioning, lobbying, party politics, and elections. Long stymied by hostile white majorities and unfavorable court decisions, the movement’s ideals became increasingly mainstream in the 1850s, particularly among supporters of the new Republican party. When Congress began rebuilding the nation after the Civil War, Republicans installed this vision of racial equality in the 1866 Civil Rights Act and the Fourteenth Amendment. These were the landmark achievements of the first civil rights movement. Kate Masur’s magisterial history delivers this pathbreaking movement in vivid detail. Activists such as John Jones, a free Black tailor from North Carolina whose opposition to the Illinois “black laws” helped make the case for racial equality, demonstrate the indispensable role of African Americans in shaping the American ideal of equality before the law. Without enforcement, promises of legal equality were not enough. But the antebellum movement laid the foundation for a racial justice tradition that remains vital to this day.
Author: Barbara J. Keys Keys Publisher: Harvard University Press ISBN: 0674726030 Category : History Languages : en Pages : 368
Book Description
The American commitment to promoting human rights abroad emerged in the 1970s as a surprising response to national trauma. In this provocative history, Barbara Keys situates this novel enthusiasm as a reaction to the profound challenge of the Vietnam War and its aftermath. Instead of looking inward for renewal, Americans on the right and the left looked outward for ways to restore America's moral leadership. Conservatives took up the language of Soviet dissidents to resuscitate the Cold War, while liberals sought to dissociate from brutally repressive allies like Chile and South Korea. When Jimmy Carter in 1977 made human rights a central tenet of American foreign policy, his administration struggled to reconcile these conflicting visions. Yet liberals and conservatives both saw human rights as a way of moving from guilt to pride. Less a critique of American power than a rehabilitation of it, human rights functioned for Americans as a sleight of hand that occluded from view much of America's recent past and confined the lessons of Vietnam to narrow parameters. From world's judge to world's policeman was a small step, and American intervention in the name of human rights would be a cause both liberals and conservatives could embrace.
Author: Samuel Walker Publisher: ISBN: 9780197717158 Category : Civil rights Languages : en Pages : 0
Book Description
In reply to critics, this book details the history of the rise of rights in American society, from the birth of the civil rights movement to today.
Author: David R. Boyd Publisher: UBC Press ISBN: 0774821639 Category : Law Languages : en Pages : 470
Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: Cass R. Sunstein
Author: Daniel A. Farber
Author: Charles R. Epp
Author: Gavin Wright
Author: Lynda G. Dodd
Author: John David Skrentny
Author: Kate Masur
Author: Barbara J. Keys Keys
Author: Samuel Walker
Author: David R. Boyd