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Author: James L. Gibson
Publisher: Russell Sage Foundation
ISBN: 161044907X
Category : Political Science
Languages : en
Pages : 379
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Book Description
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author: James L. Gibson
Publisher: Russell Sage Foundation
ISBN: 161044907X
Category : Political Science
Languages : en
Pages : 379
Get Book Here
Book Description
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author: Merilee S. Grindle
Publisher: Cambridge University Press
ISBN: 9780521559195
Category : Political Science
Languages : en
Pages : 256
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Book Description
The 1980s and 1990s posed great challenges to governments in Latin America and Africa. Deep economic crises and significantly heightened pressure for political reform severely taxed their capacity to manage economic and political tasks. These crises pointed to an intense need to reform the state and redefine its relationship to the market and civic society. This book examines the paradox of states that have been weakened by crisis just as their capacity to encourage economic development and provide for effective governance most needs to be strengthened. Case studies of Mexico and Kenya allow the author to analyse the opportunities available for political leadership in moments of crisis, and the constraints on action provided by leadership goals and existing political and economic structures. She argues that while leaders and political structures are often part of the problem, they can also be part of the solution in building more efficient, effective, and responsive states.
Author: Judith Poucher
Publisher: University Press of Florida
ISBN: 0813047625
Category : History
Languages : en
Pages : 305
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Book Description
Florida Historical Society Harry T. & Harriette V. Moore Award Drawing on previously unpublished sources and newly unsealed records, Judith Poucher profiles five individuals who stood up to the Johns Committee. Virgil Hawkins and Ruth Perry were civil rights activists who, respectively, foiled the committee’s plans to stop integration at the University of Florida and refused to divulge Florida and Miami NAACP records. G. G. Mock, a bartender in Tampa, was arrested and shackled in the nude by police but would not reveal the name of her girlfriend, a teacher. University of Florida professor Sig Diettrich was threatened with twenty years in prison and being "outed," yet he still would not name names. Margaret Fisher, a college administrator, helped to bring the committee's investigation of the University of South Florida into the open, publicly condemning their bullying. By reexamining the daring stands taken by these ordinary citizens, Poucher illustrates not only the abuses propagated by the committee but also the collective power of individuals to effect change.
Author: Arskal Salim
Publisher: University of Hawaii Press
ISBN: 082483237X
Category : Religion
Languages : en
Pages : 274
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Book Description
Challenging the Secular State examines Muslim efforts to incorporate shari’a (religious law) into modern Indonesia’s legal system from the time of independence in 1945 to the present. The author argues that attempts to formally implement shari’a in Indonesia, the world’s most populous Muslim state, have always been marked by tensions between the political aspirations of proponents and opponents of shari’a and by resistance from the national government. As a result, although pro-shari’a movements have made significant progress in recent years, shari’a remains tightly confined within Indonesia’s secular legal system. The author first places developments in Indonesia within a broad historical and geographic context, offering a provocative analysis of the Ottoman empire’s millet system and thoughtful comparisons of different approaches to pro-shari’a movements in other Muslim countries (Saudi Arabia, Iran, Pakistan). He then describes early aspirations for the formal implementation of shari’a in Indonesia in the context of modern understandings of religious law as conflicting with the idea of the nation-state. Later chapters explore the efforts of Islamic parties in Indonesia to include shari’a in national law. Salim offers a detailed analysis of debates over the constitution and possible amendments to it concerning the obligation of Indonesian Muslims to follow Islamic law. A study of the Zakat Law illustrates the complicated relationship between the religious duties of Muslim citizens and the nonreligious character of the modern nation-state. Chapters look at how Islamization has deepened with the enactment of the Zakat Law and demonstrate the incongruities that have emerged from its implementation. The efforts of local Muslims to apply shari’a in particular regions are also discussed. Attempts at the Islamization of laws in Aceh are especially significant because it is the only province in Indonesia that has been allowed to move toward a shari’a-based system. The book concludes with a review of the profound conflicts and tensions found in the motivations behind Islamization.
Author: Joseph Postell
Publisher: University of Missouri Press
ISBN: 0826273785
Category : Political Science
Languages : en
Pages : 416
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Book Description
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Author: Sonia Alonso
Publisher: Oxford University Press
ISBN: 0199691576
Category : Political Science
Languages : en
Pages : 277
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Book Description
Why do national governments implement devolution given the high risk that it will encourage peripheral parties to demand ever more devolved powers? The aim of Challenging the State is to answer this question through a comparative analysis of devolution in four European countries: Belgium, Italy, Spain, and the United Kingdom.
Author: Norma C. Noonan
Publisher: Springer
ISBN: 1137484799
Category : Political Science
Languages : en
Pages : 292
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Book Description
This edited volume addresses how the state system, the organizing political institution in world politics, copes with challenges of rapid change, unanticipated crises, and general turmoil in the twenty-first century. These disruptions are occurring against the background of declining US influence and the rising power of countries in Asia, Africa, and Latin America. Traditional inter-state security concerns coexist with new security preoccupations, such as rivalries likely to erupt over the resources of the global commons, the threat of cyber warfare, the ever-present threat of terrorism, and the economic and social repercussions of globalization. The contributors explore these key themes and the challenges posed by rapid change.
Author: Haldun Gülalp
Publisher: Routledge
ISBN: 1134203810
Category : Political Science
Languages : en
Pages : 177
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Book Description
Making a new case for separating citizenship from nationality, this book comparatively examines a key selection of nation-states in terms of their definitions of nationality and citizenship, and the ways in which the association of some with the European Union has transformed these definitions. In a combination of case studies from Europe and the Middle East, this book’s comparative framework addresses the question of citizenship and ethnic conflict from the foundation of the nation-state, to the current challenges raised by globalization. This edited volume examines six different countries and looks at the way that ethnic or religious identity lies at the core of the national community, ultimately determining the state’s definition and treatment of its citizens. The selected contributors to this new volume investigate this common ambiguity in the construction of nations, and look at the contrasting ways in which the issues of citizenship and identity are handled by different nation-states. This book will be of great interest to students and scholars studying in the areas of citizenship and the nation-state, ethnic conflict, globalization and Middle Eastern and European Politics.
Author: Jacqueline Bhabha
Publisher: MIT Press
ISBN: 0262015277
Category : Business & Economics
Languages : en
Pages : 393
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Book Description
This text identifies three contemporary manifestations of stateless: legal statelessness, de facto statelessness and effective statelessness. The book provides a variety of examples, including chapters on Palestinian children in Israel including undocumented young people seeking higher education in the United States.
Author: Godwin Onuoha
Publisher: LIT Verlag Münster
ISBN: 3643901003
Category : Political Science
Languages : en
Pages : 211
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Book Description
This thesis examines the 'Igbo Question' and emergent forms of Igbo 'self-determination' in contemporary Nigeria. It does this within the context of contested citizenship, ethnic identity politics and the unresolved crisis of state ownership and legitimacy, which all feeds into the 'National Question' in the Nigerian public space. The thesis proceeds from a theoretical standpoint that places the 'Igbo Question' within the framework of the 'tri-polar' power struggle and competition among the three major ethnic groups in Nigeria. Based on a prior idea of statehood which is rooted in the aborted secessionist attempts of the Igbo ethnic group from the Nigerian state between 1967 and 1970, and drawing on the case of an Igbo ethno-nationalist separatist movement in Nigeria, known as the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB), this thesis focuses on the use of 'territory' and 'space' as components of the 'repertoires of contention' in the quest for political change, sovereignty and self-determination. This provides the context in which 'claims' and 'counter-claims' of security, territoriality and sovereignty are enacted. While the thesis draws substantially on various forms of group and sub-national rights which have been identified and studied in international law, political philosophy and social science literature generally, it transcends these debates, but focuses more on the actual processes of appropriating, interpreting and applying these rights and laws against the state in specific contexts. The analysis of the 'Igbo Question' draws on issues and perspectives surrounding the salience, construction, mobilization and politicization of ethnic identity, and the dynamics of its deployment and use in national politics, coupled with the diverse struggles, contentions and conflicts inherent in it. The research provides an innovative and empirically grounded insight into the processes of 'juridification' of self-determination rights for groups within the nationstate in Africa; the dynamics, constraints and possibilities inherent in the mobilization of these rights and laws; the emancipatory potentials or transformative ends of these rights and laws; and the role of violence in nation-building processes in Africa.
