Rationing Justice

Rationing Justice

Author: Kris Shepard

Publisher: LSU Press

Published: 2007

Total Pages: 420

ISBN-13: 9780807132074

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"Established in 1964, the federal Legal Services Program (later, Corporation) served a vast group of Americans desperately in need of legal counsel: the poor. At the program's zenith in 1981, more than 1,450 offices employing six thousand attorneys and three thousand paralegals worked to aid those who could not afford private attorneys. In Rationing Justice, Kris Shepard looks at this pioneering program's effect on the Deep South."--BOOK JACKET.


Just Caring

Just Caring

Author: Leonard M. Fleck

Publisher: Oxford University Press

Published: 2009

Total Pages: 479

ISBN-13: 0195128044

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What does it mean to be a "just" and "caring" society when we have only limited resources to meet unlimited health care needs? Do we believe that all lives are of equal value? Is human life priceless? Should a "just" and "caring" society refuse to put limits on health care spending? In Just Caring, Leonard Fleck reflects on the central moral and political challenges of health reform today. He cites the millions of Americans who go without health insurance, thousands of whom die prematurely, unable to afford the health care needed to save their lives. Fleck considers these deaths as contrary to our deepest social values, and makes a case for the necessity of health care rationing decisions. The core argument of this book is that no one has a moral right to impose rationing decisions on others if they are unwilling to impose those same rationing decisions on themselves in the same medical circumstances. Fleck argues we can make health care rationing fair, in ways that are mutually respectful, if we engage in honest rational democratic deliberation. Such civic engagement is rare in our society, but the alternative is endless destructive social controversy that is neither just nor caring.


Rationing the Constitution

Rationing the Constitution

Author: Andrew Coan

Publisher:

Published: 2019

Total Pages: 281

ISBN-13: 0674986954

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The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--