Yale Law Journal: Symposium - The Meaning of the Civil Rights Revolution (Volume 123, Number 8 - June 2014)

Yale Law Journal: Symposium - The Meaning of the Civil Rights Revolution (Volume 123, Number 8 - June 2014)

Author: Yale Law Journal

Publisher: Quid Pro Books

Published: 2014-06-28

Total Pages: 590

ISBN-13: 1610278682

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"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights by many of today's leading writers on the Constitution. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman’s We the People: The Civil Rights Revolution (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman’s book as a focal point or a foil. Those essays are collected as the June 2014 issue, the final issue of the academic year. The contents are: • We the People: Each and Every One — Randy E. Barnett • Reactionary Rhetoric and Liberal Legal Academia — Justin Driver • Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program — Sanford Levinson • The Neo-Hamiltonian Temptation — David A. Strauss • The Civil Rights Canon: Above and Below — Tomiko Brown-Nagin • Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements — Lani Guinier & Gerald Torres • Protecting Civil Rights in the Shadows — David A. Super • Universalism and Civil Rights (with Notes on Voting Rights After Shelby) — Samuel R. Bagenstos • Separate Spheres — Cary Franklin • Ackerman's Civil Rights Revolution and Modern American Racial Politics — Rogers M. Smith • Rethinking Rights After the Second Reconstruction — Richard Thompson Ford • A Revolution at War with Itself? Preserving Employment Preferences from Weber to Ricci — Sophia Z. Lee • Have We Moved Beyond the Civil Rights Revolution? — John D. Skrentny • Equal Protection in the Key of Respect — Deborah Hellman • Ackerman’s Brown — Randall L. Kennedy • The Anti-Humiliation Principle and Same-Sex Marriage — Kenji Yoshino • De-Schooling Constitutional Law — Bruce Ackerman The issue, the eighth and final one of Volume 123, also includes a cumulative Index to the entire volume's titles and authors. As with previous digital editions of Yale Law Journal available from Quid Pro Books, features include active Tables of Contents (including links in each Essay's own table), linked footnotes and URLs, and proper ebook and Bluebook formatting.


Law and Social Movements

Law and Social Movements

Author: Michael McCann

Publisher: Routledge

Published: 2017-07-05

Total Pages: 663

ISBN-13: 1351560743

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The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to grouplegal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research incause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.


The Antitrust Paradox

The Antitrust Paradox

Author: Robert Bork

Publisher:

Published: 2021-02-22

Total Pages: 536

ISBN-13: 9781736089712

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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.


Stony the Road

Stony the Road

Author: Henry Louis Gates, Jr.

Publisher: Penguin

Published: 2020-04-07

Total Pages: 322

ISBN-13: 0525559558

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“Stony the Road presents a bracing alternative to Trump-era white nationalism. . . . In our current politics we recognize African-American history—the spot under our country’s rug where the terrorism and injustices of white supremacy are habitually swept. Stony the Road lifts the rug." —Nell Irvin Painter, New York Times Book Review A profound new rendering of the struggle by African-Americans for equality after the Civil War and the violent counter-revolution that resubjugated them, by the bestselling author of The Black Church. The abolition of slavery in the aftermath of the Civil War is a familiar story, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: if emancipation sparked "a new birth of freedom" in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In this new book, Henry Louis Gates, Jr., one of our leading chroniclers of the African-American experience, seeks to answer that question in a history that moves from the Reconstruction Era to the "nadir" of the African-American experience under Jim Crow, through to World War I and the Harlem Renaissance. Through his close reading of the visual culture of this tragic era, Gates reveals the many faces of Jim Crow and how, together, they reinforced a stark color line between white and black Americans. Bringing a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual, Gates uncovers the roots of structural racism in our own time, while showing how African Americans after slavery combatted it by articulating a vision of a "New Negro" to force the nation to recognize their humanity and unique contributions to America as it hurtled toward the modern age. The story Gates tells begins with great hope, with the Emancipation Proclamation, Union victory, and the liberation of nearly 4 million enslaved African-Americans. Until 1877, the federal government, goaded by the activism of Frederick Douglass and many others, tried at various turns to sustain their new rights. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and a loss of Northern will, restored "home rule" to the South. The retreat from Reconstruction was followed by one of the most violent periods in our history, with thousands of black people murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation. An essential tour through one of America's fundamental historical tragedies, Stony the Road is also a story of heroic resistance, as figures such as W. E. B. Du Bois and Ida B. Wells fought to create a counter-narrative, and culture, inside the lion's mouth. As sobering as this tale is, it also has within it the inspiration that comes with encountering the hopes our ancestors advanced against the longest odds.


The Universal Declaration of Human Rights

The Universal Declaration of Human Rights

Author: William A. Schabas

Publisher: Cambridge University Press

Published: 2013-04-18

Total Pages: 4171

ISBN-13: 1139619624

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A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents – a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.


The Conscience Wars

The Conscience Wars

Author: Michel Rosenfeld

Publisher:

Published: 2018-07-05

Total Pages: 515

ISBN-13: 1107173302

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Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.


Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States

Author: National Research Council

Publisher: National Academies Press

Published: 2009-07-29

Total Pages: 348

ISBN-13: 0309142393

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Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.


The People Themselves

The People Themselves

Author: Larry Kramer

Publisher: Oxford University Press, USA

Published: 2004

Total Pages: 380

ISBN-13: 9780195306453

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This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.


The Last Utopia

The Last Utopia

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2012-03-05

Total Pages: 346

ISBN-13: 0674256522

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Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.


Taking the Constitution Away from the Courts

Taking the Constitution Away from the Courts

Author: Mark Tushnet

Publisher: Princeton University Press

Published: 2000-07-24

Total Pages: 255

ISBN-13: 1400822971

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Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.