Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Four Trials
John Reid Edwards - 2003
He built a national reputation representing people whose lives had been shattered by corporate recklessness and grievous medical negligence. In landmark cases, Edwards helped people from all walks of life stand up for themselves against tremendous odds. Four Trials provides an electrifying account of four of his cases as it tells the story of the courageous and unmistakably decent people Edwards was privileged to represent in times of tragedy, great loss, and often great joy. And in a deeply moving account, Four Trials also speaks of the tragedies and joys that Senator Edwards has known in his own life -- and how today life and justice are more precious to him than ever.
Falling Over Backwards: An Essay On Reservations, And On Judicial Populism
Arun Shourie - 2006
Is this any way to become a knowledge super - power”? As there has been no caste - wise enumeration and tabulation since the 1931 Census, where does this mythical figure, “OBCs are 52 per cent of the population” come from? And what did the 1931 Census itself say about its cast - wise figures?
The Cult of the Constitution
Mary Anne Franks - 2019
The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy.Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Bowling Alone: The Collapse and Revival of American Community
Robert D. Putnam - 2000
This seemingly small phenomenon symbolizes a significant social change that Robert Putnam has identified in this brilliant volume, which The Economist hailed as "a prodigious achievement."Drawing on vast new data that reveal Americans' changing behavior, Putnam shows how we have become increasingly disconnected from one another and how social structures--whether they be PTA, church, or political parties--have disintegrated. Until the publication of this groundbreaking work, no one had so deftly diagnosed the harm that these broken bonds have wreaked on our physical and civic health, nor had anyone exalted their fundamental power in creating a society that is happy, healthy, and safe.Like defining works from the past, such as The Lonely Crowd and The Affluent Society, and like the works of C. Wright Mills and Betty Friedan, Putnam's Bowling Alone has identified a central crisis at the heart of our society and suggests what we can do.
The Unsettling of America: Culture and Agriculture
Wendell Berry - 1977
In it, Wendell Berry argues that good farming is a cultural development and spiritual discipline. Today’s agribusiness, however, takes farming out of its cultural context and away from families. As a result, we as a nation are more estranged from the land—from the intimate knowledge, love, and care of it. Sadly, as Berry notes in his Afterword to this third edition, his arguments and observations are more relevant than ever. We continue to suffer loss of community, the devaluation of human work, and the destruction of nature under an economic system dedicated to the mechanistic pursuit of products and profits. Although “this book has not had the happy fate of being proved wrong,” Berry writes, there are good people working “to make something comely and enduring of our life on this earth.” Wendell Berry is one of those people, writing and working, as ever, with passion, eloquence, and conviction.
Guns, Crime, and Freedom
Wayne LaPierre - 1994
Addressing every point of contention concerning the original intent of the 2nd Amendment, LaPierre illuminates the Amendment's modern implications and debunks the myth that gun ownership contributes to America's crime rate.
The Turn of the Tortoise: The Challenge and Promise of India's Future
T.N. Ninan - 2015
Ninan addresses a range of contemporary questions as only he can—looking at why the economy lost steam, the emerging trends in politics, the Chinese shadow over India, and the relationship between the state and the citizen. He asks whether manufacturing can be made a success story, what is the size of the neo-middle class, who really is the aam aadmi, and if it is possible to put an end to extreme poverty now. And, finally—what are the fears that should keep us awake at night?This wide-ranging book is an attempt to understand, through data and analyses, where India stands today, why it has emerged the way it has, and what the next ten years might bring. For anyone interested in India and its future, this is essential and enlightening reading.
God of the Machine
Isabel Paterson - 1943
When it was published in 1943, Isabel Paterson's work provided fresh intellectual support for the endangered American belief in individual rights, limited government, and economic freedom. The crisis of today's collectivized nations would not have surprised Paterson; in The God of the Machine, she had explored the reasons for collectivism's failure. Her book placed her in the vanguard of the free-enterprise movement now sweeping the world.Paterson sees the individual creative mind as the dynamo of history, and respect for the individual's God-given rights as the precondition for the enormous release of energy that produced the modern world. She sees capitalist institutions as the machinery through which human energy works, and government as a device properly used merely to cut off power to activities that threaten personal liberty.Paterson applies her general theory to particular issues in contemporary life, such as education, .social welfare, and the causes of economic distress. She severely criticizes all but minimal application of government, including governmental interventions that most people have long taken for granted. The God of the Machine offers a challenging perspective on the continuing, worldwide debate about the nature of freedom, the uses of power, and the prospects of human betterment.Stephen Cox's substantial introduction to The God of the Machine is a comprehensive and enlightening account of Paterson's colorful life and work. He describes The God of the Machine as "not just theory, but rhapsody, satire, diatribe, poetic narrative." Paterson's work continues to be relevant because "it exposes the moral and practical failures of collectivism, failures that are now almost universally acknowledged but are still far from universally understood." The book will be essential to students of American history, political theory, and literature.
The Canadian Constitution
Adam Dodek - 2013
The Canadian Constitution makes Canada’s Constitution readily accessible to readers for the first time. It includes the complete text of the Constitution Acts of 1867 and 1982 as well as a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution also explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases.Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution as well as fascinating facts about the Supreme Court and the Constitution that have never been published before. This book is a great primer for those coming to Canada’s Constitution for the first time as well as a useful reference work for students and scholars.
Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era
Thomas C. Leonard - 2016
But not for all.Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, progressive income taxes, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress.Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Economic progressives championed labor legislation because it would lift up the deserving poor while excluding immigrants, African Americans, women, and "mental defectives," whom they vilified as low-wage threats to the American workingman and to Anglo-Saxon race integrity.Economic progressives rejected property and contract rights as illegitimate barriers to needed reforms. But their disregard for civil liberties extended much further. "Illiberal Reformers" shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors, but to exclude them.
Liberty's Blueprint: How Madison and Hamilton Wrote the Federalist, Defined the Constitution, and Made Democracy Safe for the World
Michael Meyerson - 2008
Today, amid angry debate over what the Constitution means and what the framers’ “original intent” was, The Federalist is more important than ever, offering the best insight into how the framers thought about the most troubling issues of American government and how the various clauses of the Constitution were meant to be understood. Michael Meyerson’s Liberty’s Blueprint provides a fascinating window into the fleeting, and ultimately doomed, friendship between Hamilton and Madison, as well as a much-needed introduction to understanding how the lessons of The Federalist are relevant for resolving contemporary constitutional issues from medical marijuana to the war on terrorism. This book shows that, when properly read, The Federalist is not a “conservative” manifesto but a document that rightfully belongs to all Americans across the political spectrum.
Major Problems in the Era of the American Revolution, 1760-1791: Documents and Essays
Richard D. Brown - 1991
The volume combines primary sources, analytical essays, chapter introductions, and headnotes to encourage students to think critically about the revolutionary era.
A History of American Law
Lawrence M. Friedman - 1973
Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
Loh e Ayyam / لوح ایام
Mukhtar Masood - 1996
Mukhtar Masood was in Tehran as the Secretary-General of Regional Cooperation for Development (RCD)