Book picks similar to
Democracy and Distrust: A Theory of Judicial Review by John Hart Ely
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politics
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Civil Disobedience and Other Essays
Henry David Thoreau - 1849
Contained in this volume are the following essays: Civil Disobedience, Natural History of Massachusetts, A Walk to Wachusett, The Landlord, A Winter Walk, The Succession of Forest Trees, Walking, Autumnal Tints, Wild Apples, Night and Moonlight, Aulus Persius Flaccus, Herald of Freedom, Life Without Principle, Paradise (to be) Regained, A Plea for John Brown, The Last Days of John Brown, After the Death of John Brown, The Service, Slavery in Massachusetts, and Wendell Phillips Before Concord Lyceum.
The Tempting of America
Robert H. Bork - 1990
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.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Man, the State, and War: A Theoretical Analysis
Kenneth N. Waltz - 1954
He explores works both by classic political philosophers, such as St. Augustine, Hobbes, Kant, and Rousseau, and by modern psychologists and anthropologists to discover ideas intended to explain war among states and related prescriptions for peace.
The American Political Tradition and the Men Who Made It
Richard Hofstadter - 1948
First published in 1948, its elegance, passion, and iconoclastic erudition laid the groundwork for a totally new understanding of the American past. By writing a "kind of intellectual history of the assumptions behind American politics," Richard Hofstadter changed the way Americans understand the relationship between power and ideas in their national experience. Like only a handful of American historians before him—Frederick Jackson Turner and Charles A. Beard are examples—Hofstadter was able to articulate, in a single work, a historical vision that inspired and shaped an entire generation.
Arms and Influence
Thomas C. Schelling - 1967
Schelling considers the ways in which military capabilities—real or imagined—are used as bargaining power. This edition contains a new foreword by the author where he considers the book’s relevance over forty years after its first publication. Included as an afterword is the text of Professor Schelling’s Nobel acceptance speech in which he reflects upon the global taboo that has emerged against nuclear weapons since Hiroshima."This is a brilliant and hardheaded book. It will frighten those who prefer not to dwell on the unthinkable and infuriate those who have taken refuge in stereotypes and moral attitudinizing."—Gordon A. Craig, New York Times Book ReviewThomas C. Schelling is Distinguished University Professor, Department of Economics and School of Public Affairs, University of Maryland and Lucius N. Littauer Professor of Political Economy, Emeritus, Harvard University. He is co-recipient of the 2005 Nobel Prize in Economics. The Henry L. Stimson Lectures Series
Normal Life: Administrative Violence, Critical Trans Politics and the Limits of Law
Dean Spade - 2011
This approach assumes that the state and its legal, policing, and social services apparatus—even its policies and documents of belonging and non-belonging—are neutral and benevolent. While we all have to comply with the gender binaries set forth by regulatory bodies of law and administration, many trans people, especially the most marginalized, are even more at risk for poverty, violence, and premature death by virtue of those same "neutral" legal structures.Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law raises revelatory critiques of the current strategies pivoting solely on a "legal rights framework," but also points to examples of an organized grassroots trans movement that is demanding the most essential of legal reforms in addition to making more comprehensive interventions into dangerous systems of repression—and the administrative violence that ultimately determines our life chances. Setting forth a politic that goes beyond the quest for mere legal inclusion, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.An attorney, educator, and trans activist, Dean Spade has taught classes on sexual orientation, gender identity, poverty and law at the City University of New York (CUNY), Seattle University, Columbia University, and Harvard. In 2002 he founded the Sylvia Rivera Law Project, a collective that provides free legal services and works to build trans resistance rooted in racial and economic justice.
Anti-Pluralism: The Populist Threat to Liberal Democracy
William A. Galston - 2018
Whether today’s populism represents a corrective to unfair and obsolete policies or a threat to liberal democracy itself remains up for debate. Yet this much is clear: these challenges indict the triumphalism that accompanied liberal democratic consolidation after the collapse of the Soviet Union. To respond to today’s crisis, good leaders must strive for inclusive economic growth while addressing fraught social and cultural issues, including demographic anxiety, with frank attention. Although reforms may stem the populist tide, liberal democratic life will always leave some citizens unsatisfied. This is a permanent source of vulnerability, but liberal democracy will endure so long as citizens believe it is worth fighting for.
Not a Suicide Pact: The Constitution in a Time of National Emergency
Richard A. Posner - 2006
citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger.Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither war nor crime--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory.One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate.OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Justice, Gender, and the Family
Susan Moller Okin - 1989
In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.
Lower Ed: The Troubling Rise of For-Profit Colleges in the New Economy
Tressie McMillan Cottom - 2015
Yet little is known about why for-profits have expanded so quickly and even less about how the power and influence of this big-money industry impact individual lives. Lower Ed, the first book to link the rapid expansion of for-profit degrees to America’s increasing inequality, reveals the story of an industry that exploits the pain, desperation, and aspirations of the most vulnerable and exposes the conditions that allow for-profit education to thrive.Tressie McMillan Cottom draws on her personal experience as a former counselor at two for-profit colleges and dozens of interviews with students, senior executives, and activists to detail how these schools have become so successful and to decipher the benefits, credentials, pitfalls, and real costs of a for-profit education. By humanizing the hard choices about school and survival that millions of Americans face, Lower Ed nimbly parses the larger forces that deliver some of us to Yale and others to For-Profit U in an office park off Interstate 10.
The Brethren: Inside the Supreme Court
Bob Woodward - 1979
The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action.Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.
Deschooling Society
Ivan Illich - 1971
It is a book that brought Ivan Illich to public attention. Full of detail on programs and concerns, the book gives examples of the ineffectual nature of institutionalized education. Illich posited self-directed education, supported by intentional social relations in fluid informal arrangements.
The Conservative Assault on the Constitution
Erwin Chemerinsky - 2010
Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion.Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people.Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect.The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
Social Theory of International Politics
Alexander Wendt - 1995
Wendt argues that states can view each other as enemies, rivals, or friends. He characterizes these roles as cultures of anarchy, which are shared ideas that help shape states' interests and capabilities. These cultures can change over time as ideas change. Wendt thus argues that the nature of international politics is not fixed, and that the international system is not condemned to conflict and war.