Making Laws and Making News


Book Description

The news media, especially television, have become a fixture on Capitol Hill in the past twenty years. Making Laws and Making News describes the interactive relationship between the press and Congress that strongly affects the news, the legislative process, and the types of laws enacted. Instead of focusing on how reporters decide who and what to cover and how news is resented, Cook examines the other side of the equation—the relationship between the media strategies of House member’s press offices and the legislative strategies of the members themselves. The book won the 1990 Benjamin Franklin Award for Excellence in Independent Publishing.




How Our Laws are Made


Book Description




Combative Politics


Book Description

From the Affordable Care Act to No Child Left Behind, politicians often face a puzzling problem: although most Americans support the aims and key provisions of these policies, they oppose the bills themselves. How can this be? Why does the American public so often reject policies that seem to offer them exactly what they want? By the time a bill is pushed through Congress or ultimately defeated, we’ve often been exposed to weeks, months—even years—of media coverage that underscores the unpopular process of policymaking, and Mary Layton Atkinson argues that this leads us to reject the bill itself. Contrary to many Americans’ understandings of the policymaking process, the best answer to a complex problem is rarely self-evident, and politicians must weigh many potential options, each with merits and drawbacks. As the public awaits a resolution, the news media tend to focus not on the substance of the debate but on descriptions of partisan combat. This coverage leads the public to believe everyone in Washington has lost sight of the problem altogether and is merely pursuing policies designed for individual political gain. Politicians in turn exacerbate the problem when they focus their objections to proposed policies on the lawmaking process, claiming, for example, that a bill is being pushed through Congress with maneuvers designed to limit minority party input. These negative portrayals become linked in many people’s minds with the policy itself, leading to backlash against bills that may otherwise be seen as widely beneficial. Atkinson argues that journalists and educators can make changes to help inoculate Americans against the idea that debate always signifies dysfunction in the government. Journalists should strive to better connect information about policy provisions to the problems they are designed to ameliorate. Educators should stress that although debate sometimes serves political interests, it also offers citizens a window onto the lawmaking process that can help them evaluate the work their government is doing.




Saving the News


Book Description

"As traditional for-profit news media in the United States declines in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the U.S. and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private-sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents ten proposals for change to help preserve the free press essential to our democratic society"--




Cheap Speech


Book Description

An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy "A fresh, persuasive and deeply disturbing overview of the baleful and dangerous impact on the nation of widely disseminated false speech on social media. Richard Hasen, the country’s leading expert about election law, has written this book with flair and clarity.”—Floyd Abrams, author of The Soul of the First Amendment What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout? With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.




Personalized Law


Book Description

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.




Governing with the News


Book Description

From the opening decades of the republic when political parties sponsored newspapers to current governmental practices that actively subsidize the collection and dissemination of the news, the press and the government have been far from independent. Unlike those earlier days, however, the news is no longer produced by a diverse range of individual outlets but is instead the result of a collective institution that exercises collective power. In explaining how the news media of today operate as an intermediary political institution, akin to the party system and interest group system, Cook demonstrates how the differing media strategies used by governmental agencies and branches respond to the constitutional and structural weaknesses inherent in a separation-of-powers system. Cook examines the news media's capacity to perform the political tasks that they have inherited and points the way to a debate on policy solutions in order to hold the news media accountable without treading upon the freedom of the press.




Making News


Book Description

How can the news business be re-envisioned in a rapidly changing world? Can market incentives and technological imperatives provide a way forward? How important have been the institutional arrangements that protected the production and distribution of news in the past? Making News charts the institutional arrangements that news providers in Britain and America have relied on since the late seventeenth century to facilitate the production and distribution of news. It is organized around eight original essays: each written by a distinguished specialist, and each explicitly comparative. Seven chapters survey the shifting institutional arrangements that facilitated the production and distribution of news in Britain and America in the period between 1688 and 1995. An eighth chapter surveys the news business following the commercialization of the Internet, while the epilogue links past, present, and future. Its theme is the indispensability in both Great Britain and the United States of non-market institutional arrangements in the provisioning of news. Only rarely has advertising revenue and direct sales covered costs. Almost never has the demand for news generated the revenue necessary for its supply. The presumption that the news business can flourish in a marketplace of ideas has long been a civic ideal. In practice, however, the emergence of a genuinely competitive marketplace for the production and distribution of news has limited the resources for high-quality news reporting. For the production of high-quality journalism is a byproduct less of the market, than of its supersession. And, in particular, it has long depended on the acquiescence of lawmakers in market-limiting business strategies that have transformed journalism in the past, and that will in all likelihood transform it once again in the future.




The Politics of Herding Cats


Book Description

In The Politics of Herding Cats, John Lovett looks at the relationship between media, Congress, and public policy, showing that leaders in Congress under normal circumstances control public policy on issue areas due to their status both within Congress and in the media by and large. When issue coverage on topics increases in media, however, other members seize on the opportunities to engage in the issue and shift public policy away from leader desires. As more members engage and more groups become involved, leaders lose the ability to control the process and are more likely to have problems actually getting public policy enacted. Lovett look at this phenomenon using newspaper coverage in the Washington Post over a 40-year period, both in terms of general analysis as well as individual case studies exploring agricultural subsidies (a low coverage topic), immigration (a changing coverage topic), and health care (a high coverage topic). As coverage increases, the amount leaders can control in the process decreases. Only under extreme circumstances, as seen in the Affordable Care Act, can leaders get anything done at all. The Politics of Herding Cats would be useful for those who wish to better understand the relationship between the media and Congress. It will also be useful to those who want to understand the relationship between actors in government and how the media has influenced American politics, as well as how individual members of Congress can go against party leaders on major issues.




Legislative Effectiveness in the United States Congress


Book Description

This book explores why some members of Congress are more effective than others at navigating the legislative process and what this means for how Congress is organized and what policies it produces. Craig Volden and Alan E. Wiseman develop a new metric of individual legislator effectiveness (the Legislative Effectiveness Score) that will be of interest to scholars, voters, and politicians alike. They use these scores to study party influence in Congress, the successes or failures of women and African Americans in Congress, policy gridlock, and the specific strategies that lawmakers employ to advance their agendas.