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Author: Gregory P. Magarian
Publisher: Oxford University Press
ISBN: 0190466812
Category : Law
Languages : en
Pages : 297
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Book Description
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.
Author: Gregory P. Magarian
Publisher: Oxford University Press
ISBN: 0190466812
Category : Law
Languages : en
Pages : 297
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Book Description
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.
Author: Bruce Abramson
Publisher: Rowman & Littlefield
ISBN: 9780742552814
Category : Law
Languages : en
Pages : 428
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Book Description
The United States Court of Appeals for the Federal Circuit was born in the early 1980s as part of the drive to liberalize and reinvigorate the American economy. Its docket covers the rules guiding patents, innovation, globalization, and much of government. Are these rules impelling the economy forward or holding it back? Are the policies that we have the policies that we want? The Secret Circuit demystifies this Court's work and answers these questions.
Author: David Tan
Publisher: Cambridge University Press
ISBN: 1107139325
Category : Biography & Autobiography
Languages : en
Pages : 341
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Book Description
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Author: Ian Rosenberg
Publisher: NYU Press
ISBN: 1479825913
Category : Law
Languages : en
Pages : 311
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Book Description
A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 964
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Book Description
Author: Gillian Thomas
Publisher: Picador USA
ISBN: 1250138086
Category : History
Languages : en
Pages : 304
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Book Description
A compelling look at ten of the most important Supreme Court cases defining women’s rights on the job, as told by the brave women who brought the cases to court
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 700
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Book Description
Author: Amanda Hollis-Brusky
Publisher: Studies in Postwar American Po
ISBN: 0199385521
Category : Law
Languages : en
Pages : 265
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Book Description
Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
Author: Dwight H. Merriam
Publisher: American Bar Association
ISBN: 9781590316382
Category : Business & Economics
Languages : en
Pages : 376
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Book Description
This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
Author: Janet Giltrow
Publisher: Broadview Press
ISBN: 9781551113937
Category : Language Arts & Disciplines
Languages : en
Pages : 532
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Book Description
This reader has been designed to accompany Giltrow’s Academic Writing, one of the key principles of which is that there is a close connection between the processes of reading and of writing academic prose. Each reading is preceded by introductory commentary, questions, and suggestions for discussion, and the book also includes a brief general introduction. As with Giltrow’s Academic Writing, her Academic Reading is a challenging text. At its core are examples of actual academic writing of the sort that students must learn to deal with daily, and to write themselves. As newcomers to the scholarly community, students can find that community’s ways of reading and writing mysterious, unpredictable and intimidating. Academic Reading demystifies the scholarly genres, shedding light on their discursive conventions. Throughout, Academic Reading respects the student writer; it engages the reader’s interest without ever condescending, and it avoids entirely the arbitrary and the dogmatic. The second edition is expanded to include twenty-one selections, nineteen of which come from scholarly publications, and more than half of which are new to this edition.
