Closing the Courthouse Door


Book Description

A leading legal scholar explores how the constitutional right to seek justice has been restricted by the Supreme Court The Supreme Court s decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts primary purpose, and they should not be barred from considering any constitutional question.







On Corruption in America


Book Description

From the prizewinning journalist and internationally recognized expert on corruption in government networks throughout the world comes a major work that looks homeward to America, exploring the insidious, dangerous networks of corruption of our past, present, and precarious future. “If you want to save America, this might just be the most important book to read now." —Nancy MacLean, author of Democracy in Chains Sarah Chayes writes in her new book, that the United States is showing signs similar to some of the most corrupt countries in the world. Corruption, she argues, is an operating system of sophisticated networks in which government officials, key private-sector interests, and out-and-out criminals interweave. Their main objective: not to serve the public but to maximize returns for network members. In this unflinching exploration of corruption in America, Chayes exposes how corruption has thrived within our borders, from the titans of America's Gilded Age (Andrew Carnegie, John D. Rockefeller, J. P. Morgan, et al.) to the collapse of the stock market in 1929, the Great Depression, and FDR's New Deal; from Joe Kennedy's years of banking, bootlegging, machine politics, and pursuit of infinite wealth to the deregulation of the Reagan Revolution--undermining this nation's proud middle class and union members. She then brings us up to the present as she shines a light on the Clinton policies of political favors and personal enrichment and documents Trump's hydra-headed network of corruption, which aimed to systematically undo the Constitution and our laws. Ultimately and most importantly, Chayes reveals how corrupt systems are organized, how they enable bad actors to bend the rules so their crimes are covered legally, how they overtly determine the shape of our government, and how they affect all levels of society, especially when the corruption is overlooked and downplayed by the rich and well-educated.




Great Cases in Constitutional Law


Book Description

Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.




Campaign Finance & American Democracy


Book Description

In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.




Congressional Record


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Natural Law and Theology


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Weimar Thought


Book Description

A comprehensive look at the intellectual and cultural innovations of the Weimar period During its short lifespan, the Weimar Republic (1918–33) witnessed an unprecedented flowering of achievements in many areas, including psychology, political theory, physics, philosophy, literary and cultural criticism, and the arts. Leading intellectuals, scholars, and critics—such as Hannah Arendt, Walter Benjamin, Ernst Bloch, Bertolt Brecht, and Martin Heidegger—emerged during this time to become the foremost thinkers of the twentieth century. Even today, the Weimar era remains a vital resource for new intellectual movements. In this incomparable collection, Weimar Thought presents both the specialist and the general reader a comprehensive guide and unified portrait of the most important innovators, themes, and trends of this fascinating period. The book is divided into four thematic sections: law, politics, and society; philosophy, theology, and science; aesthetics, literature, and film; and general cultural and social themes of the Weimar period. The volume brings together established and emerging scholars from a remarkable array of fields, and each individual essay serves as an overview for a particular discipline while offering distinctive critical engagement with relevant problems and debates. Whether used as an introductory companion or advanced scholarly resource, Weimar Thought provides insight into the rich developments behind the intellectual foundations of modernity.







Religious Liberty and the American Supreme Court


Book Description

Throughout American history, legal battles concerning the First Amendment’s protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz’s substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution is an indispensable resource for anyone interested matters of religious freedom from the Republic’s earliest days to current debates.