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Leading scholars examine the law governing the American presidential nomination process and offer practical ideas for reform.
The idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. Free to Judge is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it. One of the barriers to action in the past has been an inability to prove that campaign ...
Introduces citizens to solutions for reforming the American campaign finance system.
This book comprehensively explores and critiques how the current U.S. Supreme Court, under the leadership of Chief Justice John Roberts, has reshaped First Amendment law. It argues that this Court has consistently used First Amendment law to promote a limited view of freedom, while bolstering social and political stability. This book examines every decision about expressive freedom the Supreme Court handed down between Chief Justice Roberts' ascent in September 2005 and Justice Scalia's death in February 2016. During Chief Justice Roberts' tenure, the Court has issued more than forty decisions that interpret the First Amendment's speech protections. These decisions comprise one of the most important parts of this Court's record and legacy while inspiring sharply divergent judgments. The author explores many of the key recurring debates in First Amendment law as well as providing much needed attention on the special problems of the government preserve cases and the high stakes of the electoral process cases.
Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one’s moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, Loyalty presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. The volume begins with a philosophical exploration of theories of loyalty, both Eastern and Western, then moves to examine several problematic situations in which loyalty is often a factor: partisan politics, the armed forces, and lawyer-client relationships. A fair...
This book offers a critical re-evaluation of three fundamental and interlocking themes in American democracy: the relationship between race and politics, the performance and reform of election systems and the role of courts in regulating the political process. This edited volume features contributions from some of the leading voices in election law and social science. The authors address the recurring questions for American democracy and identify new challenges for the twenty-first century. They not only consider where current policy and scholarship are headed, but also suggest where they ought to go over the next two decades. The book thus provides intellectual guideposts for future scholarship and policy making in American democracy.
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.
This book provides a new theoretical perspective to election law showing how alignment theory would operate in practice, in both litigation and legislation.
"About a decade ago, I found myself alone for dinner one evening in Buenos Aires, the city of my birth. I had a lecture to give the next day and I had reserved the time alone to prepare over dinner in a typical neighborhood restaurant. Such a "boliche," in the local porteño slang, was a comfortable setting to have a meal. I sat down with typical Argentine fare and the inescapable good wine and turned to my lecture materials. I soon found myself distracted by an excellent soccer match shown on a large screen tv that had been brought in for the occasion. A couple of glasses of tinto, the reds of Mendoza province, and a close football game, and I accepted that lecture preparation was concluded"--
Norris counters current pessimism about the effectiveness of democratic programs monitoring and assisting elections worldwide, arguing for international engagement.