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The Democracy Index
Despite howls for reform, the only thing separating us from another election disaster of the kind that hit Florida in 2000, and that almost struck again in Ohio in 2004, may simply be another close vote. In this lucid and lively book, Heather Gerken diagnoses what is wrong with our elections and proposes a radically new and simple solution: a Democracy Index that would rate the performance of state and local election systems. A rough equivalent to the U.S. News and World Report ranking of colleges and universities, the Index would focus on problems that matter to all voters: How long does it take to vote? How many ballots get discarded? How often do voting machines break down? And it should ...
Exit, Voice, and Loyalty
An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable t...
The Law of Freedom
The Supreme Court has been at the center of great upheavals in American democracy across the last seventy years. From the end of Jim Crow to the rise of wealth-dominated national campaigns, the Court has battled over if democracy is an egalitarian collaboration to serve the good of all citizens, or a competitive struggle by private interests. In The Law of Freedom, Jacob Eisler questions why the Court has the moral authority to shape democracy at all. Analyzing leading cases through the lens of philosophy and social science, Eisler demonstrates how the soul of election law is a battle between two philosophical understandings of democratic freedom and popular self-rule. This remarkable book reveals that the Court's battle over democracy has shaped how Americans rule themselves, marking election law as the most dramatic judicial intervention in constitutional history.
The Free Speech Century
The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's ...
Citizenship Reimagined
States have historically led in rights expansion for marginalized populations and remain leaders today on the rights of undocumented immigrants.
Difference without Domination
Around the globe, democracy appears broken. With political and socioeconomic inequality on the rise, we are faced with the urgent question of how to better distribute power, opportunity, and wealth in diverse modern societies. This volume confronts the dilemma head-on, exploring new ways to combat current social hierarchies of domination. Using examples from the United States, India, Germany, and Cameroon, the contributors offer paradigm-changing approaches to the concepts of justice, identity, and social groups while also taking a fresh look at the idea that the demographic make-up of institutions should mirror the make-up of a populace as a whole. After laying out the conceptual framework, the volume turns to a number of provocative topics, among them the pernicious tenacity of implicit bias, the logical contradictions inherent to the idea of universal human dignity, and the paradoxes and problems surrounding affirmative action. A stimulating blend of empirical and interpretive analyses, Difference without Domination urges us to reconsider the idea of representation and to challenge what it means to measure equality and inequality.
Law and Macroeconomics
A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positi...
Harvard Law Review: Volume 128, Number 1 - November 2014
The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2013 Term, articles include: • Foreword: "The Means of Constitutional Power," by John F. Manning • Comment: "Slipping the Bonds of Federalism," by Heather K. Gerken • Comment: "The Supreme Court as a Constitutional Court," by Jamal Greene • Comment: "The Hobby Lobby Moment," by Paul Horwitz In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political an...
Foreign Affairs Federalism
Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law.
Life Without Parole
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
