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Over the course of the nation’s history, the Constitution has been turned upside-down, Michael Greve argues in this provocative book. The Constitution’s vision of a federalism in which local, state, and federal government compete to satisfy the preferences of individuals has given way to a cooperative, cartelized federalism that enables interest groups to leverage power at every level for their own benefit. Greve traces this inversion from the Constitution’s founding through today, dispelling much received wisdom along the way. The Upside-Down Constitution shows how federalism’s transformation was a response to states’ demands, not an imposition on them. From the nineteenth-century...
Real federalism is a federalism that promotes citizen choice and competition among the states
Climate change is a global problem, but the problem begins locally. Cities consume 75% of the world's energy and emit 80% of the world's greenhouse gases. Changing the way we build and operate our cities can have major effects on greenhouse gas emissions. Fortunately, communities across the U.S. are responding to the climate change problem by making plans that assess their contribution to greenhouse gas emissions and specify actions they will take to reduce these emissions. This is the first book designed to help planners, municipal staff and officials, citizens and others working at local levels to develop Climate Action Plans. CAPs are strategic plans that establish policies and programs f...
Is death inevitable? Until now, the history of mankind has been marked by this fatal fact. Religions, borders and progress are born from an ancient fear of death, comfort from this fear man often found only in religious paradigms. But according to José Luis Cordeiro and David Wood, the incontrovertible fact of death is no longer an absolute certainty - science and technology are preparing to tear down the final frontier: that of immortality. This accessible book provides insight into recent exponential advances in artificial intelligence, tissue regeneration, stem cell treatment, organ printing, cryopreservation, and genetic therapies that, for the first time in human history, offer a reali...
An essential handbook on the complex network of conservative foundations, think tanks, legal advocacy groups, and coordinating structures working to undermine the historic gains of the civil rights movement.
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
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 fi...
In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system whic...
Why do some states enact stronger pollution control progammes than others? And, do stronger controls have identifiable impacts on environmental quality in these states? This work seeks to answer these question by means of combining data, methods and theory from the natural and social sciences.
Zealotry and Academic Freedom began with the author's personal experience with suppression of academic speech and obstacles to the pursuit of academic quality. Using his own tumultuous experience as a starting point, Hamilton explores how significant efforts to create an autonomous space for academic speech within the university over the past 125 years have been thwarted. Hamilton charges that a fundamentalist academic left in some humanities and social science faculties views the exercise of standards of academic quality and merit-based performance evaluations as tools of oppression and bigotry. Academic zealots ferret out and oppose hidden structures of so-called oppression in our "Eurocen...