Supreme Hubris
Supreme Hubris

Author: Aaron Tang

Publisher: Yale University Press

Published: 2023-08-01

Total Pages: 327

ISBN-13: 030027470X

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How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices’ partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court’s root problem. Overconfidence is. Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society’s problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself. To restore the Court’s legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach—ranging from LGBTQ rights to immigration to juvenile justice—Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.

Public Workers
Public Workers

Author: Joseph E. Slater

Publisher: Cornell University Press

Published: 2017-04-15

Total Pages: 271

ISBN-13: 1501707477

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From the dawn of the twentieth century to the early 1960s, public-sector unions generally had no legal right to strike, bargain, or arbitrate, and government workers could be fired simply for joining a union. Public Workers is the first book to analyze why public-sector labor law evolved as it did, separate from and much more restrictive than private-sector labor law, and what effect this law had on public-sector unions, organized labor as a whole, and by extension all of American politics. Joseph E. Slater shows how public-sector unions survived, represented their members, and set the stage for the most remarkable growth of worker organization in American history. Slater examines the battles of public-sector unions in the workplace, courts, and political arena, from the infamous Boston police strike of 1919, to teachers in Seattle fighting a yellow-dog rule, to the BSEIU in the 1930s representing public-sector janitors, to the fate of the powerful Transit Workers Union after New York City purchased the subways, to the long struggle by AFSCME that produced the nation's first public-sector labor law in Wisconsin in 1959. Slater introduces readers to a determined and often-ignored segment of the union movement and expands our knowledge of working men and women, the institutions they formed, and the organizational obstacles they faced.

Property
Property

Author: David Dana

Publisher:

Published: 2002

Total Pages: 0

ISBN-13: 9781587780783

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This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.

Brave New Neighborhoods
Brave New Neighborhoods

Author: Margaret Kohn

Publisher: Psychology Press

Published: 2004

Total Pages: 244

ISBN-13: 9780415944632

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First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

Managed Speech
Managed Speech

Author: Gregory P. Magarian

Publisher: Oxford University Press

Published: 2017-03-07

Total Pages: 297

ISBN-13: 0190466812

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Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.