Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 022677242X
Category : Law
Languages : en
Pages : 343
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Book Description
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Author: Lynda G. Dodd
Publisher: Cambridge University Press
ISBN: 1316732649
Category : Law
Languages : en
Pages : 399
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Book Description
The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.
Author: Michael Ignatieff
Publisher: House of Anansi
ISBN: 0887848923
Category : Political Science
Languages : en
Pages : 192
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Book Description
With an updated preface by the author. Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not only deeply controversial in North America, but is being watched around the world. Are group rights jeopardizing individual rights? When everyone asserts their rights, what happens to responsibilities? Can families survive and prosper when each member has rights? Is rights language empowering individuals while weakening community? Michael Ignatieff confronts these controversial questions head-on in The Rights Revolution, defending the supposed individualism of rights language against all comers. For Ignatieff, believing in rights means believing in politics, believing in deliberation rather than confrontation, compromise rather than violence.
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674009097
Category : Law
Languages : en
Pages : 300
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Book Description
In the twentieth century, American society has experienced a "rights revolution" a commitment by the national government to promote a healthful environment, safe products, freedom from discrimination, and other rights unknown to the founding generation. This development has profoundly affected constitutional democracy by skewing the original understanding of checks and balances, federalism, and individual rights. Cass Sunstein tells us how it is possible to interpret and reform this regulatory state regime in a way that will enhance freedom and welfare while remaining faithful to constitutional commitments. Sunstein vigorously defends government regulation against Reaganite/Thatcherite attacks based on free-market economics and pre-New Deal principles of private right. Focusing on the important interests in clean air and water, a safe workplace, access to the air waves, and protection against discrimination, he shows that regulatory initiatives have proved far superior to an approach that relies solely on private enterprise. Sunstein grants that some regulatory regimes have failed and calls for reforms that would amount to an American perestroika: a restructuring that embraces the use of government to further democratic goals but that insists on the decentralization and productive potential of private markets. Sunstein also proposes a theory of interpretation that courts and administrative agencies could use to secure constitutional goals and to improve the operation of regulatory programs. From this theory he seeks to develop a set of principles that would synthesize the modern regulatory state with the basic premises of the American constitutional system. Teachers of law, policymakers and political scientists, economists and historians, and a general audience interested in rights, regulation, and government will find this book an essential addition to their libraries.
Author: John David Skrentny
Publisher: Harvard University Press
ISBN: 0674043731
Category : History
Languages : en
Pages : 490
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Book Description
In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway--Latinos, women, Asian Americans, and the disabled found themselves the beneficiaries of new laws and policies--and by the early 1970s a minority rights revolution was well underway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, John D. Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution--and that forever changed the face of American politics. Though protest and lobbying played a role in bringing about new laws and regulations--touching everything from wheelchair access to women's athletics to bilingual education--what Skrentny describes was not primarily a bottom-up story of radical confrontation. Rather, elites often led the way, and some of the most prominent advocates for expanding civil rights were the conservative Republicans who later emerged as these policies' most vociferous opponents. This book traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies' triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union. It also contrasts failed minority rights development for white ethnics and gays/lesbians with groups the government successfully categorized with African Americans. Investigating these links, Skrentny is able to present the world as America's leaders saw it; and so, to show how and why familiar figures--such as Lyndon Johnson, Richard Nixon, and, remarkably enough, conservatives like Senator Barry Goldwater and Robert Bork--created and advanced policies that have made the country more egalitarian but left it perhaps as divided as ever.
Author: Akira Iriye
Publisher: Oxford University Press
ISBN: 0195333144
Category : History
Languages : en
Pages : 368
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Book Description
This volume explores the place of human rights in history, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented, with case studies focusing on the 1940s through the present.
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Publisher:
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Languages : en
Pages : 0
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Book Description
No Dogs or jews
Author: David R. Boyd
Publisher: UBC Press
ISBN: 0774821639
Category : Law
Languages : en
Pages : 470
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Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: Gavin Wright
Publisher: Harvard University Press
ISBN: 0674076443
Category : Business & Economics
Languages : en
Pages : 368
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Book Description
Southern bus boycotts and lunch counter sit-ins were famous acts of civil disobedience but were also demands for jobs in the very services being denied blacks. Gavin Wright shows that the civil rights struggle was of economic benefit to all parties: the wages of southern blacks increased dramatically but not at the expense of southern whites.
Author: Jefferson Decker
Publisher: Oxford University Press
ISBN: 0190467312
Category : History
Languages : en
Pages : 297
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Book Description
Introduction -- The new liberal state -- Defending enterprise -- Pacific views -- Sagebrush rebels -- The politics of rights -- Governing from the right -- Mountains and sea -- To the slaughterhouse -- Epilogue : regulation and its discontents.
