Bentham's writings for the French Revolution were dominated by the themes of rights, representation, and reform. In 'Nonsense upon Stilts' (hitherto known as 'Anarchical Fallacies'), the most devastating attack on the theory of natural rights ever written, he argued that natural rights provided an unsuitable basis for stable legal and political arrangements. In discussing the nature of representation he produced the earliest utilitarian justification of political equality and representative democracy, even recommending women's suffrage.
Throughout this century, reformers have fought to eliminate party control of city politics. As a result, the majority of American cities today elect council members in at-large and nonpartisan elections. This result of the turn-of-the-century Progressive movement, which worked for election rules that eliminated the power of the urban machine and the working class on which it was based, is today still a subject of lively debate. For example, in the mid-1980s, regular Democrats in Chicago sought to institute a nonpartisan mayoral election. Supporters thought that reform would make the electoral process more democratic, while opponents charged that it was meant to dilute the voting powers of blacks. Clearly, the effect of urban reform remains an important issue for scholars and politicians alike. Susan Welch and Timothy Bledsoe clarify a portion of the debate by investigating how election structures affect candidates and the nature of representation. They examine the different effects of district versus at-large elections and of partisan versus nonpartisan elections. Who gets elected? Are representatives' socioeconomic status and party affiliation related to election form? Are election structures related to how those who are elected approach their jobs? Do they see themselves as representatives concerned with the good of the city as a whole? Urban Reform and Its Consequences reports an unprecedented wealth of data drawn from a sample of nearly 1,000 council members and communities with populations between 50,000 and 1 million across 42 states. The sample includes communities that use a variety of election procedures. This study is therefore the most comprehensive and accurate to date. Welch and Bledsoe conclude that nonpartisan and at-large elections do give city councils a more middle- and upper-middle-class character and have changed the way representatives view their jobs. Reform measures have not, however, produced councils that are significantly more conservative or more prone to conflict. Overall, the authors conclude that partisan and district elections are more likely to represent the whole community and to make the council more accountable to the electorate.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
In this lively analysis, Daniel Wirls examines the Senate in relation to our other institutions of government and the constitutional system as a whole, exposing the role of the "world’s greatest deliberative body" in undermining effective government and maintaining white supremacy in America. As Wirls argues, from the founding era onward, the Senate constructed for itself an exceptional role in the American system of government that has no firm basis in the Constitution. This self-proclaimed exceptional status is part and parcel of the Senate’s problematic role in the governmental process over the past two centuries, a role shaped primarily by the combination of equal representation among states and the filibuster, which set up the Senate’s clash with modern democracy and effective government and has contributed to the contemporary underrepresentation of minority members. As he explains, the Senate’s architecture, self-conception, and resulting behavior distort rather than complement democratic governance and explain the current gridlock in Washington, D.C. If constitutional changes to our institutions are necessary for better governance, then how should the Senate be altered to be part of the solution rather than part of the problem? This book provides one answer.
Throughout the contest for the 2008 Democratic presidential nomination, politicians and voters alike worried that the outcome might depend on the preferences of unelected superdelegates. This concern threw into relief the prevailing notion that—such unusually competitive cases notwithstanding—people, rather than parties, should and do control presidential nominations. But for the past several decades, The Party Decides shows, unelected insiders in both major parties have effectively selected candidates long before citizens reached the ballot box. Tracing the evolution of presidential nominations since the 1790s, this volume demonstrates how party insiders have sought since America’s founding to control nominations as a means of getting what they want from government. Contrary to the common view that the party reforms of the 1970s gave voters more power, the authors contend that the most consequential contests remain the candidates’ fights for prominent endorsements and the support of various interest groups and state party leaders. These invisible primaries produce frontrunners long before most voters start paying attention, profoundly influencing final election outcomes and investing parties with far more nominating power than is generally recognized.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
