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All Judges Are Political—Except When They Are Not
We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial ...
How Civility Works
“[This] thoughtful meditation . . . begins an important conversation about how our discourse can be moral and robust without sacrificing truth or freedom.” —Dahlia Lithwick, Slate Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with trolls and expressions of disrespect. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and d...
All Judges Are Political—Except When They Are Not
Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.
Bench Press
Federal court confirmations in the United States have become openly political affairs, with partisans lining up to support their preferred candidates. Matters in the states are not much different, with once sleepy judicial elections changing into ever more contentious political slugfests, replete with single-issue interest groups and negative campaign advertising. Once on the bench, judges at every level find themselves dogged by charges of politically motivated decision-making. In this first-of-its-kind collection, prominent figures from the academy, the bench, and the press reflect on the state of the American judiciary. Using the results of a specially commissioned public opinion poll as ...
Electing Judges
A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality. In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections on public perceptions of fairness, impartiality, and the legitimacy of state courts—and his findings are both counterintuitive and controversial. Gibson finds that ordinary Americans do not conclude from campaign promises that judges are ...
Judging Free Speech
Judging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Cultural Politics of the Creative Industries
This book presents the creative industries as a suite of practices intimately connected to political, economic, and cultural power. Seeking to illuminate the creative industries through critical cultural analysis it shows the extent to which creative labour shapes our shared cultural and political realities, good and bad. The author presents creative labour as a form of employment which typically operates well outside conventional industrial relationships, highlighting the importance of cultural as well as political and economic value. The aim of doing so is to provide a view of the broader creative economy that shows up the effects and trends of its strange industrial relationships. It recognises new forms of audience labour as significant creative, political, cultural, and commercial forces, and frames cultures as preceptual systems, as systems of rules, conventions, morés, and laws. In so doing, the author provides a new cultural framework through which scholars, students, and reflective practitioners can make critical judgements about the creative economy and its creative acts.
Semi-Citizenship in Democratic Politics
In every democratic polity there exist individuals and groups who hold some but not all of the essential elements of citizenship. Scholars who study citizenship routinely grasp for shared concepts and language that identify forms of membership held by migrants, children, the disabled, and other groups of individuals who, for various reasons, are neither full citizens nor non-citizens. This book introduces the concept of semi-citizenship as a means to dramatically advance debates about individuals who hold some but not all elements of full democratic citizenship. By analytically classifying the rights of citizenship and their various combinations, scholars can typologize semi-citizens and produce comparisons of different kinds of semi-citizenships and of semi-citizenships in different states. The book uses theoretical analysis, historical examples, and contemporary cases of semi-citizenship to illustrate how normative and governmental doctrines of citizenship converge and conflict, making semi-citizenship an enduring and inevitable part of democratic politics.
Land Use Law and Disability
This book argues that communities need better planning to be safely navigated by people with mobility impairment and to facilitate intergenerational aging in place.
