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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein
These words of Thomas Jefferson are an eternal reminder for all generations that freedom is never to be taken for granted. This 120 page, 6x9, glossy-finished journal/notebook is part of our Founding Fathers series. Each notebook is designed with simplicity and elegance in mind- a style to highlight the Founding Fathers' timeless words and bring them to life. This journal/notebook is not only great for everyday use, but also the perfect gift idea!
How organizations can anticipate threats, spot opportunities, and act faster when the time is right; with rich examples including Adobe, MasterCard, and Amazon. When turbulence is the new normal, an organization's survival depends on vigilant leadership that can anticipate threats, spot opportunities, and act quickly when the time is right. In See Sooner, Act Faster, strategy experts George Day and Paul Schoemaker offer tools for thriving when digital advances intensify turbulence. Vigilant firms have greater foresight than their rivals, while vulnerable firms often miss early signals of external threats and organizational challenges. Charles Schwab, for example, was early to see and act on the promise of “robo-advisors”; Honeywell, on the other hand, stumbled when Nest Labs came out first with a “smart” thermostat. Day and Schoemaker show leaders how to assess their vigilance capabilities and cultivate insight and foresight throughout their organizations. They draw on a range of cases, including Adobe and Intuit's move to the cloud, Shell's investment in clean energy, and MasterCard's early recognition of digital challenges. Day and Schoemaker describe how to allocate the scarce resource of attention, how to detect weak signals and separate them from background noise, and how to respond strategically before competitors do. The challenge is not just to act faster but to act wisely, and the authors suggest ways to create dynamic portfolios of options. Finally, they offer an action agenda, with tips for fostering vigilance and agility throughout an organization. The rewards are stronger market positions, higher profits and growth, more motivated employees, and organization longevity.
"If you read Supreme Court opinions on cases involving First Amendment religion issues, you're likely to encounter the ubiquitous phrase "sincerely held religious belief." The "sincerity test" of religious belief has become a cornerstone of US jurisprudence, determining what counts as legitimate grounds for First Amendment claims in the eyes of the law. In Sincerely Held, Charles McCrary provides an original account of how "sincerely held religious belief" became the primary standard for determining what legally counts as genuine religion. McCrary traces the interlocking histories of sincerity, religion, and secularism in the US, starting in the mid-nineteenth century. He then shows how, in the 1940s, as the courts expanded the concept of religious freedom, they incorporated the notion of sincerity as a key element in determining religious freedom protections. The legal sincerity test was part of a larger trend in which the category "religion" became largely individualized and correlated with "belief." This linking of religion and belief, with all its Protestant underpinnings, is a central concern of critical secularism studies. McCrary contributes to this conversation by revealing the history of how sincerity and sincerely held religious belief developed as technologies of secular governance, constraining the type of subject one has to be in order to receive protections from the state"--
Robert Jackson Bennett's Vigilance is a dark science fiction action parable from an America that has permanently surrendered to gun violence. The United States. 2030. John McDean executive produces "Vigilance," a reality game show designed to make sure American citizens stay alert to foreign and domestic threats. Shooters are introduced into a "game environment," and the survivors get a cash prize. The TV audience is not the only one that's watching though, and McDean soon finds out what it's like to be on the other side of the camera. At the Publisher's request, this title is being sold without Digital Rights Management Software (DRM) applied.
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.