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The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Drawing together the very best of current historical scholarship, this book provides a comprehensive introduction to English society in the later Middle Ages. Beginning with a discussion of the historiography of the period and debates about demography, the book then explores the full breadth of English life and society.
In late twentieth-century England, inequality was rocketing, yet some have suggested that the politics of class was declining in significance, while others argue that class identities lost little power. Neither interpretation is satisfactory: class remained important to "ordinary" people's narratives about social change and their own identities throughout the period 1968-2000, but in changing ways. Using self-narratives drawn from a wide range of sources--the raw materials of sociological studies, transcripts from oral history projects, Mass Observation, and autobiography--the book examines class identities and narratives of social change between 1968 and 2000, showing that by the end of the period, class was often seen as an historical identity, related to background and heritage, and that many felt strict class boundaries had blurred quite profoundly since 1945. Class snobberies "went underground", as many people from all backgrounds began to assert that what was important was authenticity, individuality, and ordinariness. In fact, Sutcliffe-Braithwaite argues that it is more useful to understand the cultural changes of these years through the lens of the decline of deference, which transformed people's attitudes towards class, and towards politics. The study also examines the claim that Thatcher and New Labour wrote class out of politics, arguing that this simple--and highly political - narrative misses important points. Thatcher was driven by political ideology and necessity to try to dismiss the importance of class, while the New Labour project was good at listening to voters--particularly swing voters in marginal seats--and echoing back what they were increasingly saying about the blurring of class lines and the importance of ordinariness. But this did not add up to an abandonment of a majoritarian project, as New Labour reoriented their political project to emphasize using the state to empower the individual.
No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third World ally. The case of Iran offers a particularly rich view of these dynamics and suggests that the press is far from fulfilling the watchdog role assigned it in democratic theory and popular imagination. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988. No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third Worl
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Allens proven ability and flare for presenting complex and oftentimes sensitive topics in nonthreatening ways carry over in the latest edition of Difference Matters. Her down-to-earth analysis of six social identity categories reveals how communication establishes and enacts identity and power dynamics. She provides historical overviews to show how perceptions of gender, race, social class, sexuality, ability, and age have varied throughout time and place. Allen clearly explains pertinent theoretical perspectives and illustrates those and other discussions with real-life experiences (many of which are her own). She also offers practical guidance for how to communicate difference more humanely. While many examples are from organizational contexts, readers from a wide range of backgrounds can relate to them and appreciate their relevance. This eye-opening, vibrant text, suitable for use in a variety of disciplines, motivates readers to think about valuing difference as a positive, enriching feature of society. Interactive elements such as Spotlights on Media, I.D. Checks, Tool Kits, and Reflection Matters questions awaken interest, awareness, and creative insights for change.
The Eternal Conflict between the Light and Dark once again blackens the skies and blights the land. On one side stand the Tuatha de Danaan, golden-skinned and beautiful, filled with all the might of angels. On the other are the Fomorii, monstrous devils hell-bent on destroying all human existence. And in the middle are the Brothers and Sisters of Dragons, determined to use the strange power that binds them to the land in a last, desperate attempt to save the human race. Church, Ruth, Ryan, Laura, and Shavi have joined forces with Tom, a hero from the mists of time, to wage a guerrilla war against the iron rule of the gods. But they didn't count on things going from bad to worse ... Darkest Hour is the stunning continuation of a powerful fantasy saga by one of Britain's most acclaimed young writers.