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None of Your Damn Business: Privacy in the United States from the Gilded Age to the Digital Age

by Lawrence Cappello

You can hardly pass through customs at an airport today without having your picture taken and your fingertips scanned, that information then stored in an archive you’ll never see. Nor can you use your home’s smart technology without wondering what, exactly, that technology might do with all you’ve shared with it: shopping habits, security decisions, media choices. Every day, Americans surrender their private information to entities that claim to have their best interests in mind, in exchange for a promise of safety or convenience. This trade-off has long been taken for granted, but the extent of its nefariousness has recently become much clearer. As Lawrence Cappello’s None of Your Damn Business reveals, the problem is not so much that data will be used in ways we don’t want, but rather how willing we have been to have our information used, abused, and sold right back to us. In this startling book, Cappello shows that this state of affairs was not the inevitable by-product of technological progress. He targets key moments from the past 130 years of US history when privacy was central to battles over journalistic freedom, national security, surveillance, big data, and reproductive rights. As he makes dismayingly clear, Americans have had numerous opportunities to protect the public good while simultaneously safeguarding our information, and we’ve squandered them every time. The wide range of the debates and incidents presented here shows that, despite America’s endless rhetoric of individual freedom, we actually have some of the weakest privacy protections in the developed world. None of Your Damn Business is a rich and provocative survey of an alarming topic that grows only more relevant with each fresh outrage of trust betrayed.

Freedom and History and Other Essays: An Introduction to the Thought of Richard McKeon

by Richard P. McKeon

This volume of essays is an important introduction to the thought of one of the twentieth century's most significant yet underappreciated philosophers, Richard McKeon. The originator of philosophical pluralism, McKeon made extraordinary contributions to philosophy, to international relations, and to theory-formation in the communication arts, aesthetics, the organization of knowledge, and the practical sciences. This collection, which includes a philosophical autobiography as well as the out-of-print title essay "Freedom and History" and a previously unpublished essay on "Philosophic Semantics and Philosophic Inquiry," is a testimony to the range and systematic power of McKeon's thinking for the social sciences and the humanities.

Nixon's Court: His Challenge to Judicial Liberalism and Its Political Consequences

by Kevin J. McMahon

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Nixon's Court: His Challenge to Judicial Liberalism and Its Political Consequences

by Kevin J. McMahon

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Nixon's Court: His Challenge to Judicial Liberalism and Its Political Consequences

by Kevin J. McMahon

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

Nixon's Court: His Challenge to Judicial Liberalism and Its Political Consequences

by Kevin J. McMahon

Most analysts have deemed Richard Nixon’s challenge to the judicial liberalism of the Warren Supreme Court a failure—“a counterrevolution that wasn’t.” Nixon’s Court offers an alternative assessment. Kevin J. McMahon reveals a Nixon whose public rhetoric was more conservative than his administration’s actions and whose policy towards the Court was more subtle than previously recognized. Viewing Nixon’s judicial strategy as part political and part legal, McMahon argues that Nixon succeeded substantially on both counts. Many of the issues dear to social conservatives, such as abortion and school prayer, were not nearly as important to Nixon. Consequently, his nominations for the Supreme Court were chosen primarily to advance his “law and order” and school desegregation agendas—agendas the Court eventually endorsed. But there were also political motivations to Nixon’s approach: he wanted his judicial policy to be conservative enough to attract white southerners and northern white ethnics disgruntled with the Democratic party but not so conservative as to drive away moderates in his own party. In essence, then, he used his criticisms of the Court to speak to members of his “Silent Majority” in hopes of disrupting the long-dominant New Deal Democratic coalition. For McMahon, Nixon’s judicial strategy succeeded not only in shaping the course of constitutional law in the areas he most desired but also in laying the foundation of an electoral alliance that would dominate presidential politics for a generation.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

The Emotions of Protest

by James M. Jasper

In Donald Trump’s America, protesting has roared back into fashion. The Women’s March, held the day after Trump’s inauguration, may have been the largest in American history, and resonated around the world. Between Trump’s tweets and the march’s popularity, it is clear that displays of anger dominate American politics once again. There is an extensive body of research on protest, but the focus has mostly been on the calculating brain—a byproduct of structuralism and cognitive studies—and less on the feeling brain. James M. Jasper’s work changes that, as he pushes the boundaries of our present understanding of the social world. In The Emotions of Protest, Jasper lays out his argument, showing that it is impossible to separate cognition and emotion. At a minimum, he says, we cannot understand the Tea Party or Occupy Wall Street or pro- and anti-Trump rallies without first studying the fears and anger, moral outrage, and patterns of hate and love that their members feel. This is a book centered on protest, but Jasper also points toward broader paths of inquiry that have the power to transform the way social scientists picture social life and action. Through emotions, he says, we are embedded in a variety of environmental, bodily, social, moral, and temporal contexts, as we feel our way both consciously and unconsciously toward some things and away from others. Politics and collective action have always been a kind of laboratory for working out models of human action more generally, and emotions are no exception. Both hearts and minds rely on the same feelings racing through our central nervous systems. Protestors have emotions, like everyone else, but theirs are thinking hearts, not bleeding hearts. Brains can feel, and hearts can think.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)

by Timothy Brook Michael van Walt van Praag Miek Boltjes

Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)

by Timothy Brook Michael van Walt van Praag Miek Boltjes

Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)

by Timothy Brook Michael van Walt van Praag Miek Boltjes

Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)

by Timothy Brook Michael Van Walt Van Praag Miek Boltjes

Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)


Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

Sacred Mandates: Asian International Relations since Chinggis Khan (Silk Roads)

by Timothy Brook Michael Van Walt Van Praag Miek Boltjes

Contemporary discussions of international relations in Asia tend to be tethered in the present, unmoored from the historical contexts that give them meaning. Sacred Mandates, edited by Timothy Brook, Michael van Walt van Praag, and Miek Boltjes, redresses this oversight by examining the complex history of inter-polity relations in Inner and East Asia from the thirteenth century to the twentieth, in order to help us understand and develop policies to address challenges in the region today. This book argues that understanding the diversity of past legal orders helps explain the forms of contemporary conflict, as well as the conflicting historical narratives that animate tensions. Rather than proceed sequentially by way of dynasties, the editors identify three “worlds”—Chingssid Mongol, Tibetan Buddhist, and Confucian Sinic—that represent different forms of civilization authority and legal order. This novel framework enables us to escape the modern tendency to view the international system solely as the interaction of independent states, and instead detect the effects of the complicated history at play between and within regions. Contributors from a wide range of disciplines cover a host of topics: the development of international law, sovereignty, state formation, ruler legitimacy, and imperial expansion, as well as the role of spiritual authority on state behavior, the impact of modernization, and the challenges for peace processes. The culmination of five years of collaborative research, Sacred Mandates will be the definitive historical guide to international and intrastate relations in Asia, of interest to policymakers and scholars alike, for years to come.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How to Save a Constitutional Democracy

by Tom Ginsburg Aziz Z. Huq

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

Freedom and Despair: Notes from the South Hebron Hills

by David Shulman

Lately, it seems as if we wake up to a new atrocity each day. Every morning is now a ritual of scrolling through our Twitter feeds or scanning our newspapers for the latest updates on fresh horrors around the globe. Despite the countless protests we attend, the phone calls we make, or the streets we march, it sometimes feels like no matter how hard we fight, the relentless crush of injustice will never abate. David Shulman knows intimately what it takes to live your beliefs, to return, day after day, to the struggle, despite knowing you are often more likely to lose than win. Interweaving powerful stories and deep meditations, Freedom and Despair offers vivid firsthand reports from the occupied West Bank in Palestine as seen through the eyes of an experienced Israeli peace activist who has seen the Israeli occupation close up as it impacts on the lives of all Palestinian civilians. Alongside a handful of beautifully written and often shocking tales from the field, Shulman meditates deeply on how to understand the evils around him, what it means to persevere as an activist decade after decade, and what it truly means to be free. The violent realities of the occupation are on full display. We get to know and understand the Palestinian shepherds and farmers and Israeli volunteers who face this situation head-on with nonviolent resistance. Shulman does not hold back on acknowledging the daily struggles that often leave him and his fellow activists full of despair. Inspired by these committed individuals who are not prepared to be silent or passive, Shulman suggests a model for ordinary people everywhere. Anyone prepared to take a risk and fight their oppressive political systems, he argues, can make a difference—if they strive to act with compassion and to keep hope alive. This is the moving story of a man who continues to fight for good in the midst of despair. An indispensable book in our era of reactionary politics and refugee crises, political violence and ecological devastation, Freedom and Despair is a gripping memoir of struggle, activism, and hope for peace.

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