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Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674009097
Category : Law
Languages : en
Pages : 300
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Book Description
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674009097
Category : Law
Languages : en
Pages : 300
Get Book Here
Book Description
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 9780226211626
Category : Law
Languages : en
Pages : 348
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Book Description
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1107164737
Category : Law
Languages : en
Pages : 399
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Book Description
Examines the implementation of the rights revolution, bringing together a distinguished group of political scientists and legal scholars who study the roles of agencies and courts in shaping the enforcement of civil rights statutes.
Author: John D. Skrentny
Publisher: Belknap Press
ISBN:
Category : History
Languages : en
Pages : 504
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Book Description
In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution.
Author: Gavin Wright
Publisher: Harvard University Press
ISBN: 0674076443
Category : Business & Economics
Languages : en
Pages : 368
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Book Description
Southern bus boycotts and lunch counter sit-ins were famous acts of civil disobedience but were also demands for jobs in the very services being denied blacks. Gavin Wright shows that the civil rights struggle was of economic benefit to all parties: the wages of southern blacks increased dramatically but not at the expense of southern whites.
Author: Jessica Greenberg
Publisher: Stanford University Press
ISBN: 0804791171
Category : Social Science
Languages : en
Pages : 248
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Book Description
What happens to student activism once mass protests have disappeared from view, and youth no longer embody the political frustrations and hopes of a nation? After the Revolution chronicles the lives of student activists as they confront the possibilities and disappointments of democracy in the shadow of the recent revolution in Serbia. Greenberg's narrative highlights the stories of young student activists as they seek to define their role and articulate a new form of legitimate political activity, post-socialism. When student activists in Serbia helped topple dictator Slobodan Milosevic on October 5, 2000, they unexpectedly found that the post-revolutionary period brought even greater problems. How do you actually live and practice democracy in the wake of war and the shadow of a recent revolution? How do young Serbians attempt to translate the energy and excitement generated by wide scale mobilization into the slow work of building democratic institutions? Greenberg navigates through the ranks of student organizations as they transition their activism from the streets back into the halls of the university. In exploring the everyday practices of student activists—their triumphs and frustrations—After the Revolution argues that disappointment is not a failure of democracy but a fundamental feature of how people live and practice it. This fascinating book develops a critical vocabulary for the social life of disappointment with the aim of helping citizens, scholars, and policymakers worldwide escape the trap of framing new democracies as doomed to failure.
Author: David Covin
Publisher: McFarland
ISBN: 0786452986
Category : History
Languages : en
Pages : 237
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Book Description
This important study posits a new way of understanding how ordinary Black people used the 30 years following the civil rights movement to forge a new political reality for themselves and their country. While following national trends closely, it focuses particularly on the political environment of Sacramento, California, from 1970 to 2000. Having a racial profile that is remarkably similar to the nation's demographics as a whole, Sacramento serves as a useful national proxy on the racial question. Unlike most studies of Black politics over the era, this text pays close attention to minor actors in the political process, yet places them within the context of the larger political world. We see, for example, the local effects of the War on Poverty, the Harold Washington mayoral campaigns, the Rainbow Coalition, the Million Man March, and the great increases in locally appointed and elected Black officials within the context of similar campaigns and movements nationwide.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 022677242X
Category : Law
Languages : en
Pages : 343
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Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: John A. Kirk
Publisher: Routledge
ISBN: 1317607325
Category : History
Languages : en
Pages : 204
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Book Description
Martin Luther King, Jr is one of the iconic figures of 20th century history, and one of the most influential and important in the American Civil Rights Movement; John Kirk here presents the life of Martin Luther King in the context of that movement, placing him at the center of the Afro-American fight for equality and recognition. This book combines the insights from two fields of study, seeking to combine the top down; national federal policy-oriented approach to the movement with the bottom up, local grassroots activism approach to demonstrate how these different levels of activism intersect and interact with each other.
Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1316732649
Category : Law
Languages : en
Pages : 399
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Book Description
The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.
