Yale Law Journal: Symposium - The Meaning of the Civil Rights Revolution (Volume 123, Number 8 - June 2014)

Yale Law Journal: Symposium - The Meaning of the Civil Rights Revolution (Volume 123, Number 8 - June 2014)

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  • Author: Yale Law Journal
  • Publisher: Quid Pro Books
  • ISBN: 1610278682
  • Category : Law
  • Languages : en
  • Pages : 576

"Symposium: The Meaning of the Civil Rights Revolution" is, in effect, a new and extensive book of contemporary thought on civil rights by many of today's leading writers on the Constitution. In February 2014, the Yale Law Journal held a symposium at Yale Law School marking the fiftieth anniversary of the Civil Rights Act of 1964 and the simultaneous publication of Bruce Ackerman’s We the People: The Civil Rights Revolution (2014). Contributors' essays reflected on the origins or status of the American civil rights project, using Ackerman’s book as a focal point or a foil. Those essays are collected as the June 2014 issue, the final issue of the academic year. The contents are: • We the People: Each and Every One — Randy E. Barnett • Reactionary Rhetoric and Liberal Legal Academia — Justin Driver • Popular Sovereignty and the United States Constitution: Tensions in the Ackermanian Program — Sanford Levinson • The Neo-Hamiltonian Temptation — David A. Strauss • The Civil Rights Canon: Above and Below — Tomiko Brown-Nagin • Changing the Wind: Notes Toward a Demosprudence of Law and Social Movements — Lani Guinier & Gerald Torres • Protecting Civil Rights in the Shadows — David A. Super • Universalism and Civil Rights (with Notes on Voting Rights After Shelby) — Samuel R. Bagenstos • Separate Spheres — Cary Franklin • Ackerman's Civil Rights Revolution and Modern American Racial Politics — Rogers M. Smith • Rethinking Rights After the Second Reconstruction — Richard Thompson Ford • A Revolution at War with Itself? Preserving Employment Preferences from Weber to Ricci — Sophia Z. Lee • Have We Moved Beyond the Civil Rights Revolution? — John D. Skrentny • Equal Protection in the Key of Respect — Deborah Hellman • Ackerman’s Brown — Randall L. Kennedy • The Anti-Humiliation Principle and Same-Sex Marriage — Kenji Yoshino • De-Schooling Constitutional Law — Bruce Ackerman The issue, the eighth and final one of Volume 123, also includes a cumulative Index to the entire volume's titles and authors. As with previous digital editions of Yale Law Journal available from Quid Pro Books, features include active Tables of Contents (including links in each Essay's own table), linked footnotes and URLs, and proper ebook and Bluebook formatting.


Law and Social Movements

Law and Social Movements

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  • Author: Michael McCann
  • Publisher: Routledge
  • ISBN: 1351560743
  • Category : Law
  • Languages : en
  • Pages : 662

The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group legal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in cause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.


The Conscience Wars

The Conscience Wars

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  • Author: Susanna Mancini
  • Publisher:
  • ISBN: 1107173302
  • Category : Law
  • Languages : en
  • Pages : 515

Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.


The Antitrust Paradox

The Antitrust Paradox

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  • Author: Robert Bork
  • Publisher:
  • ISBN: 9781736089712
  • Category :
  • Languages : en
  • Pages : 536

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.


Arbitration and the Constitution

Arbitration and the Constitution

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  • Author: Peter B. Rutledge
  • Publisher: Cambridge University Press
  • ISBN: 1107006112
  • Category : Law
  • Languages : en
  • Pages : 223

Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law. This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism, and individual liberties.


Stony the Road

Stony the Road

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  • Author: Henry Louis Gates, Jr.
  • Publisher: Penguin
  • ISBN: 0525559558
  • Category : History
  • Languages : en
  • Pages : 322

“Stony the Road presents a bracing alternative to Trump-era white nationalism. . . . In our current politics we recognize African-American history—the spot under our country’s rug where the terrorism and injustices of white supremacy are habitually swept. Stony the Road lifts the rug." —Nell Irvin Painter, New York Times Book Review A profound new rendering of the struggle by African-Americans for equality after the Civil War and the violent counter-revolution that resubjugated them, by the bestselling author of The Black Church. The abolition of slavery in the aftermath of the Civil War is a familiar story, as is the civil rights revolution that transformed the nation after World War II. But the century in between remains a mystery: if emancipation sparked "a new birth of freedom" in Lincoln's America, why was it necessary to march in Martin Luther King, Jr.'s America? In this new book, Henry Louis Gates, Jr., one of our leading chroniclers of the African-American experience, seeks to answer that question in a history that moves from the Reconstruction Era to the "nadir" of the African-American experience under Jim Crow, through to World War I and the Harlem Renaissance. Through his close reading of the visual culture of this tragic era, Gates reveals the many faces of Jim Crow and how, together, they reinforced a stark color line between white and black Americans. Bringing a lifetime of wisdom to bear as a scholar, filmmaker, and public intellectual, Gates uncovers the roots of structural racism in our own time, while showing how African Americans after slavery combatted it by articulating a vision of a "New Negro" to force the nation to recognize their humanity and unique contributions to America as it hurtled toward the modern age. The story Gates tells begins with great hope, with the Emancipation Proclamation, Union victory, and the liberation of nearly 4 million enslaved African-Americans. Until 1877, the federal government, goaded by the activism of Frederick Douglass and many others, tried at various turns to sustain their new rights. But the terror unleashed by white paramilitary groups in the former Confederacy, combined with deteriorating economic conditions and a loss of Northern will, restored "home rule" to the South. The retreat from Reconstruction was followed by one of the most violent periods in our history, with thousands of black people murdered or lynched and many more afflicted by the degrading impositions of Jim Crow segregation. An essential tour through one of America's fundamental historical tragedies, Stony the Road is also a story of heroic resistance, as figures such as W. E. B. Du Bois and Ida B. Wells fought to create a counter-narrative, and culture, inside the lion's mouth. As sobering as this tale is, it also has within it the inspiration that comes with encountering the hopes our ancestors advanced against the longest odds.


The People Themselves

The People Themselves

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  • Author: Larry Kramer
  • Publisher: Oxford University Press, USA
  • ISBN: 9780195306453
  • Category : History
  • Languages : en
  • Pages : 380

This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.


Restoring the Lost Constitution

Restoring the Lost Constitution

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  • Author: Randy E. Barnett
  • Publisher: Princeton University Press
  • ISBN: 0691159734
  • Category : Law
  • Languages : en
  • Pages : 448

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.


The Universal Declaration of Human Rights

The Universal Declaration of Human Rights

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  • Author: William A. Schabas
  • Publisher: Cambridge University Press
  • ISBN: 1139619624
  • Category : Political Science
  • Languages : en
  • Pages : 2750

A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents – a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.


Obfuscation

Obfuscation

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  • Author: Finn Brunton
  • Publisher: MIT Press
  • ISBN: 0262029731
  • Category : Computers
  • Languages : en
  • Pages : 137

How we can evade, protest, and sabotage today's pervasive digital surveillance by deploying more data, not less—and why we should. With Obfuscation, Finn Brunton and Helen Nissenbaum mean to start a revolution. They are calling us not to the barricades but to our computers, offering us ways to fight today's pervasive digital surveillance—the collection of our data by governments, corporations, advertisers, and hackers. To the toolkit of privacy protecting techniques and projects, they propose adding obfuscation: the deliberate use of ambiguous, confusing, or misleading information to interfere with surveillance and data collection projects. Brunton and Nissenbaum provide tools and a rationale for evasion, noncompliance, refusal, even sabotage—especially for average users, those of us not in a position to opt out or exert control over data about ourselves. Obfuscation will teach users to push back, software developers to keep their user data safe, and policy makers to gather data without misusing it. Brunton and Nissenbaum present a guide to the forms and formats that obfuscation has taken and explain how to craft its implementation to suit the goal and the adversary. They describe a series of historical and contemporary examples, including radar chaff deployed by World War II pilots, Twitter bots that hobbled the social media strategy of popular protest movements, and software that can camouflage users' search queries and stymie online advertising. They go on to consider obfuscation in more general terms, discussing why obfuscation is necessary, whether it is justified, how it works, and how it can be integrated with other privacy practices and technologies.