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These Estimable Courts uses original survey data to explore citizens' attitudes toward state courts. The book explores citizens' beliefs about the legitimacy of these courts as well as opinions about how judges decide cases, judicial policy-making, the selection of judges, and citizens' views regarding compliance with the law.
'These Estimable Courts' uses original survey data to explore citizens' attitudes toward state courts. The book explores citizens' beliefs about the legitimacy of these courts as well as opinions about how judges decide cases, judicial policy-making, the selection of judges, and citizens' views regarding compliance with the law.
Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law. Cardozo was a progressive judge who understood and defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus, he did not modernize law at every opportunity. In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.
A look into the covert influence billionaires wield in American politics and the actions citizens can take to hold them more accountable. In 2016, when millions of Americans voted for Donald Trump, many believed his claims that personal wealth would free him from wealthy donors and allow him to “drain the swamp.” But then Trump appointed several billionaires and multimillionaires to high-level positions and pursued billionaire-friendly policies, such as cutting corporate income taxes. Why the change from his fiery campaign rhetoric and promises to the working class? This should not be surprising, argue Benjamin I. Page, Jason Seawright, and Matthew J. Lacombe: As the gap between the wealthiest and the rest of us has widened, the few who hold one billion dollars or more in net worth have begun to play a more and more active part in politics—with serious consequences for democracy in the United States. Page, Seawright, and Lacombe argue that while political contributions offer a window onto billionaires’ influence, especially on economic policy, they do not present a full picture of policy preferences and political actions. That is because on some of the most important issues, including taxation, immigration, and Social Security, billionaires have chosen to engage in “stealth politics.” They try hard to influence public policy, making large contributions to political parties and policy-focused causes, leading policy-advocacy organizations, holding political fundraisers, and bundling others’ contributions—all while rarely talking about public policy to the media. This means that their influence is not only unequal but also largely unaccountable to and unchallengeable by the American people. Stealth politics makes it difficult for ordinary citizens to know what billionaires are doing or mobilize against it. The book closes with remedies citizens can pursue if they wish to make wealthy Americans more politically accountable, such as public financing of political campaigns and easier voting procedures, and notes the broader types of reforms, such as a more progressive income tax system, that would be needed to increase political equality and reinvigorate majoritarian democracy in the United States. Praise for Billionaires and Stealth Politics “Incredibly important. The authors provide—for the first time—a clear sense of the politics and political activity of the top one hundred billionaires in America, matching what billionaires have said with what they’ve done and showing the troubling transparency gap that is critical to the evolution of policy. Billionaires and Stealth Politics is a key addition to understanding our current political reality, focused on it most significant lever.” —Lawrence Lessig, author of America, Compromised “The wealth held by American billionaires exceeds the Gross Domestic Product of dozens of countries. They exercise tremendous influence over society, the economy, and politics. Yet their impact is not well-understood. Page, Seawright, and Lacombe have given us a compelling and original piece of work on an important topic.” —Darrell M. West, Brookings Institution
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Islam, Europe and Emerging Legal Issues brings together vital analysis of the challenges that Europe poses for an expanding Islam and that Islam poses for Europe, within their ever-evolving religious, legal, and social environments. This book gathers some of the best thinking on Islam and the law affecting current and contested issues that can no longer be ignored, particularly as they have found their way before the European Court of Human Rights. Contributors include leading authorities who are working at the heart of this generation's law and religion questions in Europe and across the world. This book outlines implications for all those who look to Europe-from both within and without-for models of human rights implementation and multi-cultural accommodation.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
In his provocative new book, The Tyranny of the Ideal, Gerald Gaus lays out a vision for how we should theorize about justice in a diverse society. Gaus shows how free and equal people, faced with intractable struggles and irreconcilable conflicts, might share a common moral life shaped by a just framework. He argues that if we are to take diversity seriously and if moral inquiry is sincere about shaping the world, then the pursuit of idealized and perfect theories of justice—essentially, the entire production of theories of justice that has dominated political philosophy for the past forty years—needs to change. Drawing on recent work in social science and philosophy, Gaus points to an important paradox: only those in a heterogeneous society—with its various religious, moral, and political perspectives—have a reasonable hope of understanding what an ideally just society would be like. However, due to its very nature, this world could never be collectively devoted to any single ideal. Gaus defends the moral constitution of this pluralistic, open society, where the very clash and disagreement of ideals spurs all to better understand what their personal ideals of justice happen to be. Presenting an original framework for how we should think about morality, The Tyranny of the Ideal rigorously analyzes a theory of ideal justice more suitable for contemporary times.
Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.