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Troubling Transparency
Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading s...
The Constitution of the War on Drugs
In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.
The Perilous Public Square
Americans of all political persuasions fear that “free speech” is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting—from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the “fake news,” trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading ...
Democracy and Dysfunction
It is no longer controversial that the American political system has become deeply dysfunctional. Today, only slightly more than a quarter of Americans believe the country is heading in the right direction, while sixty-three percent believe we are on a downward slope. The top twenty words used to describe the past year include “chaotic,” “turbulent,” and “disastrous.” Donald Trump’s improbable rise to power and his 2016 Electoral College victory placed America’s political dysfunction in an especially troubling light, but given the extreme polarization of contemporary politics, the outlook would have been grim even if Hillary Clinton had won. The greatest upset in American pre...
About Abortion
One of the most private decisions a woman can make, abortion is also one of the most contentious topics in American civic life. Protested at rallies and politicized in party platforms, terminating pregnancy is often characterized as a selfish decision by women who put their own interests above those of the fetus. This background of stigma and hostility has stifled women’s willingness to talk about abortion, which in turn distorts public and political discussion. To pry open the silence surrounding this public issue, Sanger distinguishes between abortion privacy, a form of nondisclosure based on a woman’s desire to control personal information, and abortion secrecy, a woman’s defense ag...
Harvard Law Review: Volume 129, Number 4 - February 2016
The February 2016 issue, Number 4, features these contents: • Article, "Constitutional Bad Faith," by David E. Pozen • Book Review, "No Immunity: Race, Class, and Civil Liberties in Times of Health Crisis," by Michele Goodwin & Erwin Chemerinsky • Book Review, "How Much Does Speech Matter?," by Leslie Kendrick • Note, "State Bans on Debtors' Prisons and Criminal Justice Debt" • Note, "Digital Duplications and the Fourth Amendment" • Note, "Reconciling State Sovereign Immunity with the Fourteenth Amendment" • Note, "Suspended Justice: The Case Against 28 U.S.C. § 2255's Statute of Limitations" In addition, student commentary analyzes Recent Cases on the exclusionary rule in kno...
The Rise of the Right to Know
Modern transparency dates to the 1950s, 1960s, and 1970s—well before the Internet. Michael Schudson shows how the “right to know” has defined a new era for democracy—less focus on parties and elections, more pluralism and more players, year-round monitoring of government, and a blurring line between politics and society, public and private.
Data Driven
A behind-the-scenes look at how digital surveillance is affecting the trucking way of life Long-haul truckers are the backbone of the American economy, transporting goods under grueling conditions and immense economic pressure. Truckers have long valued the day-to-day independence of their work, sharing a strong occupational identity rooted in a tradition of autonomy. Yet these workers increasingly find themselves under many watchful eyes. Data Driven examines how digital surveillance is upending life and work on the open road, and raises crucial questions about the role of data collection in broader systems of social control. Karen Levy takes readers inside a world few ever see, painting a ...
Civic Education in Polarized Times
Reveals the possibilities and challenges of civic education in circumstances of extreme polarization, and how civic learning and political divisiveness can interact and influence each other As fears about polarization—and its contribution to democratic crisis and corrosion—rise, many people have posited civic education as a possible remedy. In a time of increasing political polarization, what should the goals of civic education be, and how should they be implemented? In the latest installment of the NOMOS series, Eric Beerbohm and Elizabeth Beaumont bring together a distinguished group of interdisciplinary scholars across philosophy, politics, and law, inviting us to think deeply about t...
