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Author: J. Morgan Kousser
Publisher: Univ of North Carolina Press
ISBN: 0807862657
Category : History
Languages : en
Pages : 603
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Book Description
Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.
Author: J. Morgan Kousser
Publisher: Univ of North Carolina Press
ISBN: 0807862657
Category : History
Languages : en
Pages : 603
Get Book Here
Book Description
Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.
Author: Lorraine K. Bannai
Publisher: University of Washington Press
ISBN: 029580629X
Category : Social Science
Languages : en
Pages : 319
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Book Description
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.
Author: Nathaniel Persily
Publisher: Cambridge University Press
ISBN: 1108835554
Category : Business & Economics
Languages : en
Pages : 365
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Book Description
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Author: Nancy G. Dziedzic
Publisher: Greenhaven Publishing
ISBN: 9780737754353
Category : Young Adult Nonfiction
Languages : en
Pages : 0
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Book Description
Each title in the highly acclaimed Opposing Viewpoints series explores a specific issue by placing expert opinions in a unique pro/con format; the viewpoints are selected from a wide range of highly respected and often hard-to-find publications.;; "Each volume in the Opposing Viewpoints Series could serve as a model not only providing access to a wide diversity of opinions, but also stimulating readers to do further research for group discussion and individual interest. Both shrill and moderate, th"
Author: Frank M. Marine
Publisher:
ISBN:
Category : Civil RICO actions
Languages : en
Pages : 612
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Book Description
Author: Samantha Sellinger
Publisher: Princeton University Press
ISBN: 1400824710
Category : Political Science
Languages : en
Pages : 301
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Book Description
At a time when campaign finance reform is widely viewed as synonymous with cleaning up Washington and promoting political equality, Bradley Smith, a nationally recognized expert on campaign finance reform, argues that all restriction on campaign giving should be eliminated. In Unfree Speech, he presents a bold, convincing argument for the repeal of laws that regulate political spending and contributions, contending that they violate the right to free speech and ultimately diminish citizens' power. Smith demonstrates that these laws, which often force ordinary people making modest contributions of cash or labor to register with the Federal Election Commission or various state agencies, fail to accomplish their stated objectives. In fact, they have worked to entrench incumbents in office, deaden campaign discourse, burden grassroots political activity with needless regulation, and distance Americans from an increasingly professional, detached political class. Rather than attempting to plug "loopholes" in campaign finance law or instituting taxpayer-financed campaigns, Smith proposes a return to core First Amendment values of free speech and an unfettered right to engage in political activity. Smith finds that campaign contributions have little corrupting effect on the legislature and shows that an unrestrained system of contributions and spending actually enhances equality. More money, not less, is needed in the political system, Smith concludes. Unfree Speech draws upon constitutional law and historical research to explain why campaign finance regulation is doomed and to illustrate the potentially drastic costs of efforts to make it succeed. Whatever one thinks about the impact of money on electoral politics, no one should take a final stand without reading Smith's controversial and important arguments.
Author: Bruce E. Cain
Publisher: Univ of California Press
ISBN: 9780520228337
Category : History
Languages : en
Pages : 394
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Book Description
"This is the most important and impressive collection of original research available on California's blanket primary. Its discussion of open primaries and crossover voting raises provocative issues which loom large. The findings are impressive."--Max Neiman, author of Defending Government: Why Big Government Works "Cain and Gerber have assembled a stellar cast of scholars to consider the impact of the blanket primary and important electoral change in California's politics. This is a very important book for anybody who wants to understand how institutions shape political incentives."--Bernard Grofman, author of Minority Representation and the Quest for Voting Equality "When Californians passed Proposition 198, they also provided a national stage on which the nature of state elections in general was placed in the spotlight. Cain and Gerber's Voting at the Political Fault Line is an intelligent compilation of work and assessments of the rumblings that followed and the longer-term consequences that are likely to be debated over the nature of primary elections. Its no-nonsense style and reliance on sophisticated empirical analysis highlight some counterintuitive results and illustrate highly creative applications of social science methods."--Max Neiman, author of Defending Government: Why Big Government Works
Author: Steven Michael Teles
Publisher:
ISBN: 9780691122083
Category : Law
Languages : en
Pages : 339
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Book Description
Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 36
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Book Description
Author: Evelyn Nakano Glenn
Publisher: Harvard University Press
ISBN: 9780674048799
Category : Education
Languages : en
Pages : 280
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Book Description
"Scouring the history of Native American boarding schools, nineteenth-century reformatories, and programs to Americanize immigrants, Glenn brilliantly reveals the role of coercion in caregiving. An important read for us all."---Arlie Hochschild, author of The Time Bind --
