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Philosophy, Politics, Democracy
Over the past 20 years, Joshua Cohen has explored the most controversial issues facing the American public. This volume draws on his work to develop an argument about what he calls 'democracy's public reason'.
Beyond Common Knowledge
An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
Pro Bono in Principle and in Practice
This book offers the first broad-scale study of the factors that influence American lawyers' pro bono work, including an original empirical survey of over 3,000 lawyers and a comparative analysis of public service by other professionals and by lawyers in other countries.
Separation of Powers in Practice
Each branch of American government possesses inherent advantages and disadvantages in structure. In this book, the author relies on a separation-of-powers analysis that emphasizes the advantage of the legislature to draft precise words to fit intended situations, the judiciarys advantage of being able to do justice in an individual case, and the executives homogeneity and flexibility, which best suits it to decisions of an ad hoc nature. Identifying these structural abilities, the author analyzes major public policy issues, including gun control, flag burning, abortion, civil rights, war powers, suing the President, legislative veto, the exclusionary rule, and affirmative action. Each issue is examined not from the point of view of determining the right outcome, but with the intention of identifying the branch of government most appropriate for making the decision.
The Worlds Cause Lawyers Make
The Worlds Cause Lawyers Make examines the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.
A Glossary of U.S. Politics and Government
This thorough glossary explains the key concepts, institutions, personalities, and events most commonly referred to in the teaching of U.S. politics and government. The author has emphasized accessibility, in order to provide students with a ready source of knowledge that can supplement core reading. The book will help students to address any gaps they may have in their understanding of U.S. politics, which, in turn, will make studying this fascinating subject all the more rewarding and enjoyable.
Arguing Marbury v. Madison
Designed to fill the need for an accessible introduction to Marbury and the topic of judicial review, this book presents the unique transcript of a reenactment of the argument of Marbury v. Madison, argued by constitutional scholars before a bench of federal judges. Following the transcript are essays on the case and its significance today.
Framing Equal Opportunity
This book reveals the important role lawyers, law, and courts play in struggles over educational resources, especially when it comes to the translation of policy goals into legal claims.
The Policy of Law
The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law." The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors...
Pro Bono in Principle and in Practice
This book explores the aspirational principles and actual practices concerning lawyers' pro bono service. It begins from the premise that both the profession and the public have much to gain from reducing the gap between ideals and institutions. To that end, the book provides the first broad-scale study of the factors that influence American lawyers' pro bono work, including an original empirical survey of over 3,000 lawyers. Attention is focused on the workplace factors and law school experiences that encourage charitable public interest activities. The book also includes the first comparative study of public service by looking at volunteer work by other professionals and by lawyers in other countries. Part I of the book explores the literature on altruistic commitments among the public in general, and lawyers in particular. Part II traces the evolution of attorneys' pro bono responsibilities. Part III presents findings of the empirical survey. Part IV draws on these findings, together with prior research, to propose strategies for increasing and improving lawyers' pro bono activity.
