Book picks similar to
The Hollow Hope: Can Courts Bring About Social Change? by Gerald N. Rosenberg
law
politics
non-fiction
political-science
Failed States: The Abuse of Power and the Assault on Democracy
Noam Chomsky - 2006
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We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
The Divide: American Injustice in the Age of the Wealth Gap
Matt Taibbi - 2014
Crime goes down. The prison population doubles. Fraud by the rich wipes out 40 percent of the world's wealth. The rich get massively richer. No one goes to jail.In search of a solution, journalist Matt Taibbi discovered the Divide, the seam in American life where our two most troubling trends--growing wealth inequality and mass incarceration--come together, driven by a dramatic shift in American citizenship: Our basic rights are now determined by our wealth or poverty. The Divide is what allows massively destructive fraud by the hyperwealthy to go unpunished, while turning poverty itself into a crime--but it's impossible to see until you look at these two alarming trends side by side.
Our Kids: The American Dream in Crisis
Robert D. Putnam - 2015
This is the America we believe in a nation of opportunity, constrained only by ability and effort. But during the last twenty-five years we have seen a disturbing opportunity gap emerge. Americans have always believed in equality of opportunity, the idea that all kids, regardless of their family background, should have a decent chance to improve their lot in life. Now, this central tenet of the American dream seems no longer true or at the least, much less true than it was. Robert Putnam about whom The Economist said, "His scholarship is wide-ranging, his intelligence luminous, his tone modest, his prose unpretentious and frequently funny," offers a personal but also authoritative look at this new American crisis. Putnam begins with his high school class of 1959 in Port Clinton, Ohio. By and large the vast majority of those students "our kids" went on to lives better than those of their parents. But their children and grandchildren have had harder lives amid diminishing prospects. Putnam tells the tale of lessening opportunity through poignant life stories of rich and poor kids from cities and suburbs across the country, drawing on a formidable body of research done especially for this book. Our Kids is a rare combination of individual testimony and rigorous evidence. Putnam provides a disturbing account of the American dream that should initiate a deep examination of the future of our country.
Coming Apart: The State of White America, 1960-2010
Charles Murray - 2012
In Coming Apart, Charles Murray explores the formation of American classes that are different in kind from anything we have ever known, focusing on whites as a way of driving home the fact that the trends he describes do not break along lines of race or ethnicity. Drawing on five decades of statistics and research, Coming Apart demonstrates that a new upper class and a new lower class have diverged so far in core behaviors and values that they barely recognize their underlying American kinship—divergence that has nothing to do with income inequality and that has grown during good economic times and bad. The top and bottom of white America increasingly live in different cultures, Murray argues, with the powerful upper class living in enclaves surrounded by their own kind, ignorant about life in mainstream America, and the lower class suffering from erosions of family and community life that strike at the heart of the pursuit of happiness. That divergence puts the success of the American project at risk. The evidence in Coming Apart is about white America. Its message is about all of America.
What's the Matter with Kansas? How Conservatives Won the Heart of America
Thomas Frank - 2004
. . the only way to understand why so many Americans have decided to vote against their own economic and political interests" (Molly Ivins)Hailed as "dazzlingly insightful and wonderfully sardonic" (Chicago Tribune), "very funny and very painful" (San Francisco Chronicle), and "in a different league from most political books" (The New York Observer), What's the Matter with Kansas? unravels the great political mystery of our day: Why do so many Americans vote against their economic and social interests? With his acclaimed wit and acuity, Thomas Frank answers the riddle by examining his home state, Kansas-a place once famous for its radicalism that now ranks among the nation's most eager participants in the culture wars. Charting what he calls the "thirty-year backlash"-the popular revolt against a supposedly liberal establishment-Frank reveals how conservatism, once a marker of class privilege, became the creed of millions of ordinary Americans.A brilliant analysis-and funny to boot-What's the Matter with Kansas? is a vivid portrait of an upside-down world where blue-collar patriots recite the Pledge while they strangle their life chances; where small farmers cast their votes for a Wall Street order that will eventually push them off their land; and where a group of frat boys, lawyers, and CEOs has managed to convince the country that it speaks on behalf of the People.
You Have the Right to Remain Innocent
James Duane - 2016
Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
Queer (In)Justice: The Criminalization of LGBT People in the United States
Joey L. Mogul - 2011
The authors unpack queer criminal archetypes--like "gleeful gay killers," "lethal lesbians," "disease spreaders," and "deceptive gender benders"--to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, the authors prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. A groundbreaking work that turns a "queer eye" on the criminal legal system, Queer (In)Justice illuminates and challenges the many ways in which queer lives are criminalized, policed, and punished.
Give Us the Ballot: The Modern Struggle for Voting Rights in America
Ari Berman - 2015
The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional.Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.A National Book Critics Circle Award Finalist, NonfictionA New York Times Notable Book of 2015A Washington Post Notable Nonfiction Book of 2015A Boston Globe Best Book of 2015A Kirkus Reviews Best Nonfiction Book of 2015An NPR Best Book of 2015Countless books have been written about the civil rights movement, but far less attention has been paid to what happened after the dramatic passage of the Voting Rights Act (VRA) in 1965 and the turbulent forces it unleashed. Give Us the Ballot tells this story for the first time.
Fear Itself: The New Deal and the Origins of Our Time
Ira Katznelson - 2013
Ira Katznelson, “a towering figure in the study of American and European history” (Cornel West), boldly asserts that, during the 1930s and 1940s, American democracy was rescued yet distorted by a unified band of southern lawmakers who safeguarded racial segregation as they built a new national state to manage capitalism and assert global power. This original study brings to vivid life the politicians and pundits of the time, including Walter Lippmann, who argued that America needed a dose of dictatorship; Mississippi’s five-foot-two Senator Theodore Bilbo, who advocated the legal separation of races; and Robert Oppenheimer, who built the atomic bomb yet was tragically undone by the nation’s hysteria. Fear Itself is a necessary work, vital to understanding our world—a world the New Deal first made.
The American Supreme Court (The Chicago History of American Civilization)
Robert G. McCloskey - 1960
McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.
Democracy in America
Alexis de Tocqueville - 1835
Alexis de Tocqueville, a young French aristocrat, came to the young nation to investigate the functioning of American democracy & the social, political & economic life of its citizens, publishing his observations in 1835 & 1840. Brilliantly written, vividly illustrated with vignettes & portraits, Democracy in America is far more than a trenchant analysis of one society at a particular point in time. What will most intrigue modern readers is how many of the observations still hold true: on the mixed advantages of a free press, the strained relations among the races & the threats posed to democracies by consumerism & corruption. So uncanny is Tocqueville’s insight & so accurate are his predictions, that it seems as tho he were not merely describing the American identity but actually helping to create it.
White Working Class: Overcoming Class Cluelessness in America
Joan C. Williams - 2017
Meanwhile, the professional elite—journalists, managers, and establishment politicians—is on the outside looking in, and left to argue over the reasons why. In White Working Class, Joan C. Williams, described as “something approaching rock star status” in her field by the New York Times, explains why so much of the elite’s analysis of the white working class is misguided, rooted in assumptions by what she has controversially coined “class cluelessness.”Williams explains how most analysts, and the corresponding media coverage, have conflated “working class” with “poor.” All too often, white working class motivations have been dismissed as simply racism or xenophobia. Williams explains how the term “working class” has been misapplied—it is, in fact, the elusive, purportedly disappearing middle class. This demographic often resents both the poor and the professionals. They don’t, however, tend to resent the truly rich, nor are they particularly bothered by income inequality. Their dream is not to join the upper middle class, with its different culture, but to stay true to their own values in their own communities—just with more money.White Working Class is a blunt, bracing narrative that sketches a nuanced portrait of millions of people throughout the world who have proven to be a potent political force. For anyone stunned by the rise in populist, nationalist movements, wondering why so many would seemingly vote against their own economic interests or simply feeling like a stranger in their own country, White Working Class will be a convincing primer on how to connect with a crucial set of workers—and voters.
A Theory of Justice
John Rawls - 1971
The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book.Rawls aims to express an essential part of the common core of the democratic tradition - justice as fairness - and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.