Judging Inequality

Judging Inequality

Author: James L. Gibson

Publisher: Russell Sage Foundation

Published: 2021-08-31

Total Pages: 379

ISBN-13: 0871545039

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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.


Judging Inequality

Judging Inequality

Author: James L. Gibson

Publisher: Russell Sage Foundation

Published: 2021-08-31

Total Pages: 379

ISBN-13: 161044907X

DOWNLOAD EBOOK

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.


Rousseau's Critique of Inequality

Rousseau's Critique of Inequality

Author: Frederick Neuhouser

Publisher: Cambridge University Press

Published: 2014-06-19

Total Pages: 249

ISBN-13: 1139993313

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Rousseau's Discourse on the Origin of Inequality among Mankind, published in 1755, is a vastly influential study of the foundations of human society, including the economic inequalities it tends to create. To date, however, there has been little philosophical analysis of the Discourse in the literature. In this book, Frederick Neuhouser offers a rich and incisive philosophical examination of the work. He clarifies Rousseau's arguments as to why social inequalities are so prevalent in human society and why they pose fundamental dangers to human well-being, including unhappiness, loss of freedom, immorality, conflict, and alienation. He also reconstructs Rousseau's four criteria for assessing when inequalities are or are not legitimate, and why. His reconstruction and evaluation of Rousseau's arguments are accessible to both scholars and students, and will be of interest to a broad range of readers including philosophers, political theorists, cultural historians, sociologists, and economists.


Inequality

Inequality

Author: Larry S. Temkin

Publisher: Oxford University Press

Published: 1993-06-24

Total Pages: 370

ISBN-13: 0199772185

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Equality has long been among the most potent of human ideals and it continues to play a prominent role in political argument. Views about equality inform much of the debate about wide-ranging issues such as racism, sexism, obligations to the poor or handicapped, relations between developed and developing countries, and the justification of competing political, economic, and ideological systems. Temkin begins his illuminating examination with a simple question: when is one situation worse than another regarding inequality? In exploring this question, a new approach to understanding inequality emerges. Temkin goes against the common view that inequality is simple and holistic and argues instead that it is complex, individualistic, and essentially comparative. He presents a new way of thinking about equality and inequality that challenges the assumptions of philosophers, welfare economists, and others, and has significant and far-reaching implications on a practical as well as a theoretical level.


Inequality Reexamined

Inequality Reexamined

Author: Amartya Sen

Publisher: Clarendon Press

Published: 1992-09-17

Total Pages: 222

ISBN-13: 0191521299

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This book brings together and develops some of the most important economic, social, and ethical ideas Sen has explored over the last two decades. It examines the claims of equality in social arrangements, stressing that we should be concerned with people's capabilities rather than either their resources or their welfare. Sen also looks at some types of inequality that have been less systematically studied than those of class or wealth.


On Inequality

On Inequality

Author: Harry G. Frankfurt

Publisher: Princeton University Press

Published: 2015-09-29

Total Pages: 115

ISBN-13: 1400873274

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From the author of the #1 New York Times bestseller On Bullshit, the case for worrying less about the rich and more about the poor Economic inequality is one of the most divisive issues of our time. Yet few would argue that inequality is a greater evil than poverty. The poor suffer because they don't have enough, not because others have more, and some have far too much. So why do many people appear to be more distressed by the rich than by the poor? In this provocative book, the #1 New York Times bestselling author of On Bullshit presents a compelling and unsettling response to those who believe that the goal of social justice should be economic equality or less inequality. Harry Frankfurt, one of the most influential moral philosophers in the world, argues that we are morally obligated to eliminate poverty—not achieve equality or reduce inequality. Our focus should be on making sure everyone has a sufficient amount to live a decent life. To focus instead on inequality is distracting and alienating. At the same time, Frankfurt argues that the conjunction of vast wealth and poverty is offensive. If we dedicate ourselves to making sure everyone has enough, we may reduce inequality as a side effect. But it’s essential to see that the ultimate goal of justice is to end poverty, not inequality. A serious challenge to cherished beliefs on both the political left and right, On Inequality promises to have a profound impact on one of the great debates of our time.


The Economic Other

The Economic Other

Author: Meghan Condon

Publisher: University of Chicago Press

Published: 2020-08-12

Total Pages: 287

ISBN-13: 022669187X

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Economic inequality is at a record high in the United States, but public demand for redistribution is not rising with it. Meghan Condon and Amber Wichowsky show that this paradox and other mysteries about class and US politics can be solved through a focus on social comparison. Powerful currents compete to propel attention up or down—toward the rich or the poor—pulling politics along in the wake. Through an astute blend of experiments, surveys, and descriptions people offer in their own words, The Economic Other reveals that when less-advantaged Americans compare with the rich, they become more accurate about their own status and want more from government. But American society is structured to prevent upward comparison. In an increasingly divided, anxious nation, opportunities to interact with the country’s richest are shrinking, and people prefer to compare to those below to feel secure. Even when comparison with the rich does occur, many lose confidence in their power to effect change. Laying bare how social comparisons drive political attitudes, The Economic Other is an essential look at the stubborn plight of inequality and the measures needed to solve it.


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.