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“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
To become the first female Jewish Supreme Court Justice, the unsinkable Ruth Bader Ginsburg had to overcome countless injustices. Growing up in Brooklyn in the 1930s and ’40s, Ginsburg was discouraged from working by her father, who thought a woman’s place was in the home. Regardless, she went to Cornell University, where men outnumbered women four to one. There, she met her husband, Martin Ginsburg, and found her calling as a lawyer. Despite discrimination against Jews, females, and working mothers, Ginsburg went on to become Columbia Law School’s first tenured female professor, a judge for the US Court of Appeals, and finally, a Supreme Court Justice. Structured as a court case in which the reader is presented with evidence of the injustice that Ginsburg faced, Ruth Bader Ginsburg is the true story of how one of America’s most “notorious” women bravely persevered to become the remarkable symbol of justice she is today.
This book is about good government-especially ethical and fair government. Using both theoretical methods and practical political analysis, John Attanasio shows how recent Supreme Court decisions and campaign finance regulations map onto a pernicious and growing inequality in America. He puts forward a novel solution grounded in a new principle of personal autonomy. Looking at the transformation of wealth and political influence in America, this book demonstrates that the defining campaign finance cases such as Buckley v. Valeo and Citizens United have created a new constitutional arrangement that correlates with the dramatic rise in U.S. wealth and income inequality since the 1970s. The book goes on to show that this distorted income allocation has adversely affected demand, which may be spawning American economic stagnation. The solution Attanasio proposes is the principle of "distributive autonomy," sharply contrasting it with the individualism of modern libertarian ideas, which have given rise to the radical inequality that reduces, rather than enhances, autonomy. Good governance must be centrally concerned with the distribution of freedom for all: if my autonomy matters, so does yours. Valuing the autonomy of others is authentic autonomy. Distributive autonomy is necessary to ensure that participatory democracy retains its truly democratic elements, which may be a necessary condition for long-term, prosperous capitalism. A profound synthesis of theory and practice, Politics and Capital is crucial to understanding the ominous political and economic problems besetting twenty-first century America.
A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).
Despite the vast expansion of global markets during the last half of the twentieth century, social science still most often examines and measures inequality and social mobility within individual nations rather than across national boundaries. Every country has both rich and poor populations making demands—via institutions, political processes, or even conflict—on how their resources will be distributed. But shifts in inequality in one country can precipitate accompanying shifts in another. Unveiling Inequality authors Roberto Patricio Korzeniewicz and Timothy Patrick Moran make the case that within-country analyses alone have not adequately illuminated our understanding of global stratification. The authors present a comprehensive new framework that moves beyond national boundaries to analyze economic inequality and social mobility on a global scale and from a historical perspective. Assembling data on patterns of inequality in more than ninety-six countries, Unveiling Inequality reframes the relationship between globalization and inequality within and between nations. Korzeniewicz and Moran first examine two different historical patterns—"High Inequality Equilibrium" and "Low Inequality Equilibrium"—and question whether increasing equality, democracy, and economic growth are inextricably linked as nations modernize. Inequality is best understood as a complex set of relational interactions that unfold globally over time. So the same institutional mechanisms that have historically reduced inequality within some nations have also often accentuated the selective exclusion of populations from poorer countries and enhanced high inequality equilibrium between nations. National identity and citizenship are the fundamental contemporary bases of stratification and inequality in the world, the authors conclude. Drawing on these insights, the book recasts patterns of mobility within global stratification. The authors detail the three principal paths available for social mobility from a global perspective: within-country mobility, mobility through national economic growth, and mobility through migration. Korzeniewicz and Moran provide strong evidence that the nation where we are born is the single greatest deter-mining factor of how we will live. Too much sociological literature on inequality focuses on the plight of "have-nots" in wealthy nations who have more opportunity for social mobility than even the average individual in nations perennially at the bottom of the wealth distribution scale. Unveiling Inequality represents a major paradigm shift in thinking about social inequality and a clarion call to reorient discussions of economic justice in world-historical global terms.
The gap between the richest and poorest Americans has grown steadily over the last thirty years, and economic inequality is on the rise in many other industrialized democracies as well. But the magnitude and pace of the increase differs dramatically across nations. A country's political system and its institutions play a critical role in determining levels of inequality in a society. Democracy, Inequality, and Representation argues that the reverse is also true—inequality itself shapes political systems and institutions in powerful and often overlooked ways. In Democracy, Inequality, and Representation, distinguished political scientists and economists use a set of international databases to examine the political causes and consequences of income inequality. The volume opens with an examination of how differing systems of political representation contribute to cross-national variations in levels of inequality. Torben Iverson and David Soskice calculate that taxes and income transfers help reduce the poverty rate in Sweden by over 80 percent, while the comparable figure for the United States is only 13 percent. Noting that traditional economic models fail to account for this striking discrepancy, the authors show how variations in electoral systems lead to very different outcomes. But political causes of disparity are only one part of the equation. The contributors also examine how inequality shapes the democratic process. Pablo Beramendi and Christopher Anderson show how disparity mutes political voices: at the individual level, citizens with the lowest incomes are the least likely to vote, while high levels of inequality in a society result in diminished electoral participation overall. Thomas Cusack, Iverson, and Philipp Rehm demonstrate that uncertainty in the economy changes voters' attitudes; the mere risk of losing one's job generates increased popular demand for income support policies almost as much as actual unemployment does. Ronald Rogowski and Duncan McRae illustrate how changes in levels of inequality can drive reforms in political institutions themselves. Increased demand for female labor participation during World War II led to greater equality between men and women, which in turn encouraged many European countries to extend voting rights to women for the first time. The contributors to this important new volume skillfully disentangle a series of complex relationships between economics and politics to show how inequality both shapes and is shaped by policy. Democracy, Inequality, and Representation provides deeply nuanced insight into why some democracies are able to curtail inequality—while others continue to witness a division that grows ever deeper.