Judging Inequality

Judging Inequality

Author: James L. Gibson

Publisher: Russell Sage Foundation

Published: 2021-08-31

Total Pages: 379

ISBN-13: 161044907X

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Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.


Hijacking the Agenda

Hijacking the Agenda

Author: Christopher Witko

Publisher: Russell Sage Foundation

Published: 2021-05-25

Total Pages: 384

ISBN-13: 1610449053

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Why are the economic interests and priorities of lower- and middle-class Americans so often ignored by the U.S. Congress, while the economic interests of the wealthiest are prioritized, often resulting in policies favorable to their interests? In Hijacking the Agenda, political scientists Christopher Witko, Jana Morgan, Nathan J. Kelly, and Peter K. Enns examine why Congress privileges the concerns of businesses and the wealthy over those of average Americans. They go beyond demonstrating that such economic bias exists to illuminate precisely how and why economic policy is so often skewed in favor of the rich. The authors analyze over 20 years of floor speeches by several hundred members of Congress to examine the influence of campaign contributions on how the national economic agenda is set in Congress. They find that legislators who received more money from business and professional associations were more likely to discuss the deficit and other upper-class priorities, while those who received more money from unions were more likely to discuss issues important to lower- and middle-class constituents, such as economic inequality and wages. This attention imbalance matters because issues discussed in Congress receive more direct legislative action, such as bill introductions and committee hearings. While unions use campaign contributions to push back against wealthy interests, spending by the wealthy dwarfs that of unions. The authors use case studies analyzing financial regulation and the minimum wage to demonstrate how the financial influence of the wealthy enables them to advance their economic agenda. In each case, the authors examine the balance of structural power, or the power that comes from a person or company’s position in the economy, and kinetic power, the power that comes from the ability to mobilize organizational and financial resources in the policy process. The authors show how big business uses its structural power and resources to effect policy change in Congress, as when the financial industry sought deregulation in the late 1990s, resulting in the passage of a bill eviscerating New Deal financial regulations. Likewise, when business interests want to preserve the policy status quo, it uses its power to keep issues off of the agenda, as when inflation eats into the minimum wage and its declining purchasing power leaves low-wage workers in poverty. Although groups representing lower- and middle-class interests, particularly unions, can use their resources to shape policy responses if conditions are right, they lack structural power and suffer significant resource disadvantages. As a result, wealthy interests have the upper hand in shaping the policy process, simply due to their pivotal position in the economy and the resulting perception that policies beneficial to business are beneficial for everyone. Hijacking the Agenda is an illuminating account of the way economic power operates through the congressional agenda and policy process to privilege the interests of the wealthy and marks a major step forward in our understanding of the politics of inequality.


Naming Evil, Judging Evil

Naming Evil, Judging Evil

Author: Ruth W. Grant

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 247

ISBN-13: 0226306747

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Is it more dangerous to call something evil or not to? This fundamental question deeply divides those who fear that the term oversimplifies grave problems and those who worry that, to effectively address such issues as terrorism and genocide, we must first acknowledge them as evil. Recognizing that the way we approach this dilemma can significantly affect both the harm we suffer and the suffering we inflict, a distinguished group of contributors engages in the debate with this series of timely and original essays. Drawing on Western conceptions of evil from the Middle Ages to the present, these pieces demonstrate that, while it may not be possible to definitively settle moral questions, we are still able—and in fact are obligated—to make moral arguments and judgments. Using a wide variety of approaches, the authors raise tough questions: Why is so much evil perpetrated in the name of good? Could evil ever be eradicated? How can liberal democratic politics help us strike a balance between the need to pass judgment and the need to remain tolerant? Their insightful answers exemplify how the sometimes rarefied worlds of political theory, philosophy, theology, and history can illuminate pressing contemporary concerns.


Fear of Judging

Fear of Judging

Author: Kate Stith

Publisher: University of Chicago Press

Published: 1998-10

Total Pages: 302

ISBN-13: 9780226774862

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For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.


Durable Inequality

Durable Inequality

Author: Charles Tilly

Publisher: Univ of California Press

Published: 1998-01-31

Total Pages: 312

ISBN-13: 0520211715

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Exploring representative paired and unequal categories, such as male/female, black/white, and citizen/non-citizen, Tilly argues that the basic causes of these and similar inequalities greatly resemble one another.


Land of Strangers

Land of Strangers

Author: Ash Amin

Publisher: John Wiley & Sons

Published: 2013-04-24

Total Pages: 175

ISBN-13: 0745660622

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The impersonality of social relationships in the society of strangers is making majorities increasingly nostalgic for a time of closer personal ties and strong community moorings. The constitutive pluralism and hybridity of modern living in the West is being rejected in an age of heightened anxiety over the future and drummed up aversion towards the stranger. Minorities, migrants and dissidents are expected to stay away, or to conform and integrate, as they come to be framed in an optic of the social as interpersonal or communitarian. Judging these developments as dangerous, this book offers a counter-argument by looking to relations that are not reducible to local or social ties in order to offer new suggestions for living in diversity and for forging a different politics of the stranger. The book explains the balance between positive and negative public feelings as the synthesis of habits of interaction in varied spaces of collective being, from the workplace and urban space, to intimate publics and tropes of imagined community. The book proposes a series of interventions that make for public being as both unconscious habit and cultivated craft of negotiating difference, radiating civilities of situated attachment and indifference towards the strangeness of others. It is in the labour of cultivating the commons in a variety of ways that Amin finds the elements for a new politics of diversity appropriate for our times, one that takes the stranger as there, unavoidable, an equal claimant on ground that is not pre-allocated.


The Politics of Federal Prosecution

The Politics of Federal Prosecution

Author: Christina L. Boyd

Publisher: Oxford University Press, USA

Published: 2021

Total Pages: 253

ISBN-13: 0197554687

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"In February 2016, while testifying in a House Appropriations Subcommittee hearing, U.S. Attorney General Loretta Lynch, a Barack Obama appointee, promised that her department would act with independence in investigating Hillary Clinton's usage of a personal email server during her tenure as Secretary of State. During that hearing, Congressman John Carter (R-TX) asked Lynch: If the FBI makes the case that Hillary Clinton mishandled classified information and put America's security at risk, will you prosecute the case? . . .[P]lease look the American people in the eye and tell us what your position is as you are the chief prosecutor of the United States. In response to this questioning, Lynch asserted that: [The matter] is being handled by . . . independent attorneys in the Department of Justice. They follow the evidence, they look at the law and they'll make a recommendation to me when the time is appropriate. . .This will be conducted as every other case. We will review all the facts and all the evidence and come to an independent conclusion as how to best handle it. And I am also aware of no efforts to undermine our review or investigation into this matter at all (Goldman 2016). Despite strong claims of prosecutorial independence, many Republicans complained that a Department of Justice run by Obama appointees could not impartially pass legal judgment on the Hillary Clintonemails matter. A June 27, 2016 meeting between Lynch and former U.S. President Bill Clinton would not help matters. The two privately talked for approximately 20 minutes on a plane sitting on the Phoenix Sky Harbor airport tarmac in a meeting described as unplanned and "primarily social." Despite the meeting's claimed innocuous content, it "caused a cascading political storm" for Hillary Clinton's presidential campaign and "provided fodder for Republicans who have accused the Justice Department of bias in its inquiry into Secretary Clinton's use of a private email server at the State Department" (Chozick 2016). Even Democrats expressed concerns about the meeting Senator Chris Coons (D-DE) remarked that "I do think that this meeting sends the wrong signal . . . I think she should have steered clear, even of a brief, casual social meeting with the former president"--


Improving the Measurement of Consumer Expenditures

Improving the Measurement of Consumer Expenditures

Author: Christopher D. Carroll

Publisher: University of Chicago Press

Published: 2015-06-16

Total Pages: 517

ISBN-13: 022612665X

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Robust and reliable measures of consumer expenditures are essential for analyzing aggregate economic activity and for measuring differences in household circumstances. Many countries, including the United States, are embarking on ambitious projects to redesign surveys of consumer expenditures, with the goal of better capturing economic heterogeneity. This is an appropriate time to examine the way consumer expenditures are currently measured, and the challenges and opportunities that alternative approaches might present. Improving the Measurement of Consumer Expenditures begins with a comprehensive review of current methodologies for collecting consumer expenditure data. Subsequent chapters highlight the range of different objectives that expenditure surveys may satisfy, compare the data available from consumer expenditure surveys with that available from other sources, and describe how the United States’s current survey practices compare with those in other nations.


Fifty Key Thinkers on Development

Fifty Key Thinkers on Development

Author: David Simon

Publisher: Routledge

Published: 2006-05-02

Total Pages: 321

ISBN-13: 1134304897

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The essential guide to the world’s most influential development thinkers, this authoritative text presents a unique guide to the lives and ideas of leading contributors to the contested terrain of development studies. Reflecting the diverse, interdisciplinary nature of the area, the book includes entries on: * modernisers like Hirshman, Kindleberger and Rostow * dependencistas such as Frank, Cardoso and Amin * progressives like Prebisch, Helleiner and Streeten * political leaders enunciating radical alternative visions of development, such as Mao, Nkrumah and Nyerere * progenitors of religiously or spiritually inspired development, such as Gandhi and Ariyaratne * development-environment thinkers like Blaikie, Brookfield and Shiva. This is a fascinating and readable introduction to the major figures that have shaped the field, ideal for anyone studying or working in the area.


Handbook on Health Inequality Monitoring

Handbook on Health Inequality Monitoring

Author: World Health Organization

Publisher: World Health Organization

Published: 2013

Total Pages: 123

ISBN-13: 9241548630

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"The Handbook on health inequality monitoring: with a special focus on low- and middle-income countries is a resource that enables countries to do just that. It presents a comprehensive yet clear overview of health inequality monitoring in a user-friendly manner. The handbook succeeds in giving those involved in health inequality monitoring an appreciation of the complexities of the process, as well as building the practical knowledge and skills for systematic monitoring of health inequalities in low- and middle-income countries. The use of the handbook will enable countries to better monitor and evaluate their progress and performance with a high degree of accountability and transparency, and allow them to use the results to formulate evidenced-based policies, programmes and practices to tackle inequalities in an effective manner."--Publisher's description.