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.


Affirmative Action and Racial Equity

Affirmative Action and Racial Equity

Author: Uma M. Jayakumar

Publisher: Routledge

Published: 2015-03-12

Total Pages: 253

ISBN-13: 1317664663

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The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions’ decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.


Dreams Achieved and Denied

Dreams Achieved and Denied

Author: Robert Courtney Smith

Publisher: Russell Sage Foundation

Published: 2024-09-06

Total Pages: 440

ISBN-13: 1610449096

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U.S.-born Mexicans in New York City have achieved one of the biggest one-generation jumps in mobility in American immigration history. In 2020, 42-percent of U.S.-born Mexican men and 49-percent of U.S.-born Mexican women in New York City had graduated from college. This high level of educational attainment is dramatically higher than their U.S.- and foreign-born counterparts in other places. How did U.S.-born Mexicans in New York City achieve such remarkable mobility? In Dreams Achieved and Denied, sociologist Robert Courtney Smith examines the laws, policies, and individual and family practices that promoted–and inhibited–their social mobility. For over twenty years, Smith followed nearly one hundred children of Mexican immigrants in New York City to learn what determined their ability to move up the social ladder. Smith finds that legal status was fundamental in shaping opportunities for mobility. Having or gaining legal status enabled individual and family efforts for mobility to be rewarded and by allowing efficacious use of New York City and New York State policies and practices that support mobility. Lacking legal status, however, blocked mobility, even for those individuals and families engaging in the same strategies, limiting the benefit derived from those mobility-promoting city and state policies. The young people that Smith followed employed a number of strategies to pursue advancement. Smith finds that having strong mentors, picking better high schools, and the desire to keep the immigrant family bargain–the expectation that children of immigrants will redeem their parents’ sacrifice by doing well in school, helping their parents and younger siblings, and becoming ethical, well-educated people–all led to better adult lives and outcomes. The ability to successfully utilize these strategies was aided by New York City and State policies that are immigrant-inclusive and mobility promoting, including New York State laws that offers undocumented New Yorkers in-state tuition at public universities, allows them to get standard driver’s licenses, and access state health insurance programs, as well as New York City’s school choice system, which allows for students to attend better schools outside of their designated school catchment zone. Dreams Achieved and Denied is a fascinating exploration of the historic upward mobility of Mexicans in New York City, which counters the dominant story research and public discourse tell about Mexican mobility in the United States.


Everyday Illegal

Everyday Illegal

Author: Joanna Dreby

Publisher: Univ of California Press

Published: 2015-03-07

Total Pages: 309

ISBN-13: 0520959272

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What does it mean to be an illegal immigrant, or the child of immigrants, in this era of restrictive immigration laws in the United States? As lawmakers and others struggle to respond to the changing landscape of immigration, the effects of policies on people's daily lives are all too often overlooked. In Everyday Illegal, award-winning author Joanna Dreby recounts the stories of children and parents in eighty-one families to show what happens when a restrictive immigration system emphasizes deportation over legalization. Interweaving her own experiences, Dreby illustrates how bitter strains can arise in relationships when spouses have different legal status. She introduces us to "suddenly single mothers" who struggle to place food on the table and pay rent after their husbands have been deported. Taking us into the homes and schools of children living in increasingly vulnerable circumstances, she presents families that are divided internally, with some children having legal status while their siblings are undocumented. Even children who are U.S. citizens regularly associate immigration with illegality. With vivid ethnographic details and a striking narrative, Everyday Illegal forces us to confront the devastating impacts of our immigration policies as seen through the eyes of children and their families. As legal status influences identity formation, alters the division of power within families, and affects the opportunities children have outside the home, it becomes a growing source of inequality that ultimately touches us all.


Protect, Serve, and Deport

Protect, Serve, and Deport

Author: Amada Armenta

Publisher: Univ of California Press

Published: 2017-06-26

Total Pages: 212

ISBN-13: 0520296303

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Who polices immigration? : establishing the role of state and local law enforcement agencies in immigration control -- Setting up the local deportation regime -- Policing immigrant Nashville -- The driving to deportation pipeline -- Inside the jail -- Lost in translation : two worlds of immigration policing


Enduring Conviction

Enduring Conviction

Author: Lorraine K. Bannai

Publisher: University of Washington Press

Published: 2015-11-02

Total Pages: 319

ISBN-13: 029580629X

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Fred Korematsu’s decision to resist F.D.R.’s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fiancée. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu’s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.


Claim of Privilege

Claim of Privilege

Author: Barry Siegel

Publisher: Harper Collins

Published: 2009-10-13

Total Pages: 592

ISBN-13: 0061873853

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On October 6, 1948, a U.S. Air Force B-29 Superfortress crashed soon after takeoff, killing three civilian engineers and six crew members. In June 1949, the engineers' widows filed suit against the government, determined to find out what exactly had happened to their husbands and why the three civilians had been on board the airplane in the first place. But it was the dawn of the Cold War and the Air Force refused to hand over any documents, claiming they contained classified information. The legal battle ultimately reached the Supreme Court, which in 1953 handed down a landmark decision that would, in later years, enable the government to conceal gross negligence and misconduct, block troublesome litigation, and detain criminal suspects without due-process protections. Claim of Privilege is a mesmerizing true account of a shameful incident and its lasting impact on our nation—the gripping story of a courageous fight to right a past wrong and a powerful indictment of governmental abuse in the name of national security.


The Turnaway Study

The Turnaway Study

Author: Diana Greene Foster

Publisher: Simon and Schuster

Published: 2021-06

Total Pages: 384

ISBN-13: 1982141573

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"Now with a new afterword by the author"--Back cover.


The Oxford Handbook of Legal History

The Oxford Handbook of Legal History

Author: Markus D. Dubber

Publisher: Oxford University Press

Published: 2018-08-02

Total Pages: 1201

ISBN-13: 0192513133

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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.