Politicians Economists And The Supreme Court At Work

Author : Timothy P. Roth
Publisher : Edward Elgar Publishing
ISBN 13 : 1849809003
Total Pages : 219 pages
Book Rating : 4.09/5 ( download)

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Download or read book Politicians, Economists and the Supreme Court at Work written by Timothy P. Roth and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sobering and emphatic reminder of how far we have strayed from the principles on which the republic was established. Diagnostic understanding is a necessary first step. But are we capable, as a body politic, to stop the binge and endure the hangover? Or must we acquiesce in the anarchy of politics beyond constitutional limits? James M. Buchanan, Nobel Laureate in Economics, 1986 Thomas Jefferson wrote I wish never to see all offices transferred to Washington, where, further withdrawn from the eyes of the people, they may more secretly be bought and sold at market . What would Jefferson, Madison and the other Founders write today? Deploying their moral and political philosophy, their political economy and their understanding of the Constitution, Timothy P. Roth contends that the Founders would tell us that most of what the federal government does is either immoral, unconstitutional, or both. Presented as an engaging thought experiment, Politicians, Economists and the Supreme Court at Work examines the metastasizing federal role through two different means: first, as it relates to the increasing concerns of a contemporary nation, and second, the depth to which that nation s Founders would be appalled by the actions of their successors. Additionally, the book provides a critical appraisal of the burgeoning federal enterprise and the federal government s on-, off-, and off-off budget activities ultimately answering the question, What would the Founders do? The nature and timeliness of this book will appeal to moral and political philosophers, political scientists, historians, economists, scholars and students. In addition, the accessibility of the text provides for a compelling read that will pique the interest of the general public.

Author : James L. Gibson
Publisher : Russell Sage Foundation
ISBN 13 : 161044907X
Total Pages : 379 pages
Book Rating : 4.76/5 ( download)

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Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Author : Christopher Witko
Publisher : Russell Sage Foundation
ISBN 13 : 1610449053
Total Pages : 384 pages
Book Rating : 4.52/5 ( download)

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Download or read book Hijacking the Agenda written by Christopher Witko and published by Russell Sage Foundation. This book was released on 2021-05-25 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are the economic interests and priorities of lower- and middle-class Americans so often ignored by the U.S. Congress, while the economic interests of the wealthiest are prioritized, often resulting in policies favorable to their interests? In Hijacking the Agenda, political scientists Christopher Witko, Jana Morgan, Nathan J. Kelly, and Peter K. Enns examine why Congress privileges the concerns of businesses and the wealthy over those of average Americans. They go beyond demonstrating that such economic bias exists to illuminate precisely how and why economic policy is so often skewed in favor of the rich. The authors analyze over 20 years of floor speeches by several hundred members of Congress to examine the influence of campaign contributions on how the national economic agenda is set in Congress. They find that legislators who received more money from business and professional associations were more likely to discuss the deficit and other upper-class priorities, while those who received more money from unions were more likely to discuss issues important to lower- and middle-class constituents, such as economic inequality and wages. This attention imbalance matters because issues discussed in Congress receive more direct legislative action, such as bill introductions and committee hearings. While unions use campaign contributions to push back against wealthy interests, spending by the wealthy dwarfs that of unions. The authors use case studies analyzing financial regulation and the minimum wage to demonstrate how the financial influence of the wealthy enables them to advance their economic agenda. In each case, the authors examine the balance of structural power, or the power that comes from a person or company’s position in the economy, and kinetic power, the power that comes from the ability to mobilize organizational and financial resources in the policy process. The authors show how big business uses its structural power and resources to effect policy change in Congress, as when the financial industry sought deregulation in the late 1990s, resulting in the passage of a bill eviscerating New Deal financial regulations. Likewise, when business interests want to preserve the policy status quo, it uses its power to keep issues off of the agenda, as when inflation eats into the minimum wage and its declining purchasing power leaves low-wage workers in poverty. Although groups representing lower- and middle-class interests, particularly unions, can use their resources to shape policy responses if conditions are right, they lack structural power and suffer significant resource disadvantages. As a result, wealthy interests have the upper hand in shaping the policy process, simply due to their pivotal position in the economy and the resulting perception that policies beneficial to business are beneficial for everyone. Hijacking the Agenda is an illuminating account of the way economic power operates through the congressional agenda and policy process to privilege the interests of the wealthy and marks a major step forward in our understanding of the politics of inequality.

Author : Martin M. Shapiro
Publisher : [New York] : Free Press of Glencoe
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.43/5 ( download)

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Download or read book Law and Politics in the Supreme Court written by Martin M. Shapiro and published by [New York] : Free Press of Glencoe. This book was released on 1964 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Anna Harvey
Publisher : Yale University Press
ISBN 13 : 0300171110
Total Pages : 385 pages
Book Rating : 4.12/5 ( download)

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Download or read book A Mere Machine written by Anna Harvey and published by Yale University Press. This book was released on 2013-11-26 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.

Author : Cornell W. Clayton
Publisher : University of Chicago Press
ISBN 13 : 0226109550
Total Pages : 359 pages
Book Rating : 4.58/5 ( download)

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Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

Author : Gene Sperling
Publisher : Penguin
ISBN 13 : 1984879898
Total Pages : 385 pages
Book Rating : 4.99/5 ( download)

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Download or read book Economic Dignity written by Gene Sperling and published by Penguin. This book was released on 2021-10-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Timely and important . . . It should be our North Star for the recovery and beyond.” —Hillary Clinton “Sperling makes a forceful case that only by speaking to matters of the spirit can liberals root their belief in economic justice in people’s deepest aspirations—in their sense of purpose and self-worth.” —The New York Times When Gene Sperling was in charge of coordinating economic policy in the Obama White House, he found himself surprised when serious people in Washington told him that the Obama focus on health care was a distraction because it was “not focused on the economy.” How, he asked, was the fear felt by millions of Americans of being one serious illness away from financial ruin not considered an economic issue? Too often, Sperling found that we measured economic success by metrics like GDP instead of whether the economy was succeeding in lifting up the sense of meaning, purpose, fulfillment, and security of people. In Economic Dignity, Sperling frames the way forward in a time of wrenching change and offers a vision of an economy whose guiding light is the promotion of dignity for all Americans.

Author : Paul M. Collins, Jr.
Publisher : Oxford University Press
ISBN 13 : 9780199707225
Total Pages : 248 pages
Book Rating : 4.27/5 ( download)

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Download or read book Friends of the Supreme Court: Interest Groups and Judicial Decision Making written by Paul M. Collins, Jr. and published by Oxford University Press. This book was released on 2008-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

Author : Nicholas Carnes
Publisher : University of Chicago Press
ISBN 13 : 022608728X
Total Pages : 201 pages
Book Rating : 4.83/5 ( download)

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Download or read book White-Collar Government written by Nicholas Carnes and published by University of Chicago Press. This book was released on 2013-11-05 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eight of the last twelve presidents were millionaires when they took office. Millionaires have a majority on the Supreme Court, and they also make up majorities in Congress, where a background in business or law is the norm and the average member has spent less than two percent of his or her adult life in a working-class job. Why is it that most politicians in America are so much better off than the people who elect them— and does the social class divide between citizens and their representatives matter? With White-Collar Government, Nicholas Carnes answers this question with a resounding—and disturbing—yes. Legislators’ socioeconomic backgrounds, he shows, have a profound impact on both how they view the issues and the choices they make in office. Scant representation from among the working class almost guarantees that the policymaking process will be skewed toward outcomes that favor the upper class. It matters that the wealthiest Americans set the tax rates for the wealthy, that white-collar professionals choose the minimum wage for blue-collar workers, and that people who have always had health insurance decide whether or not to help those without. And while there is no one cause for this crisis of representation, Carnes shows that the problem does not stem from a lack of qualified candidates from among the working class. The solution, he argues, must involve a variety of changes, from the equalization of campaign funding to a shift in the types of candidates the parties support. If we want a government for the people, we have to start working toward a government that is truly by the people. White-Collar Government challenges long-held notions about the causes of political inequality in the United States and speaks to enduring questions about representation and political accountability.

Author : Clifford Winston
Publisher : Brookings Institution Press
ISBN 13 : 0815739125
Total Pages : 253 pages
Book Rating : 4.28/5 ( download)

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Download or read book Trouble at the Bar written by Clifford Winston and published by Brookings Institution Press. This book was released on 2021-03-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deregulating the legal profession will benefit society by improving access to legal services and the efficacy of public policies. Lawyers dominate a judicial system that has come under fire for limiting access to its services to primarily the most affluent members of society. Lawyers also have a pervasive influence throughout other parts of government. This is the first book offering a critical comprehensive overview of the legal profession's role in failing to serve the majority of the public and in contributing to the formation of inefficient public policies that reduce public welfare. In Trouble at the Bar, the authors use an economic approach to provide empirical support for legal reformers who are concerned about their own profession. The authors highlight the adverse effects of the legal profession's self-regulation, which raises the cost of legal education, decreases the supply of lawyers, and limits the public's access to justice to the point where, in general, only certified lawyers can execute even simple contracts. At the same time, barriers to entry that limit competition create a closed environment that inhibits valid approaches to analyzing and solving legal problems that are at the heart of effective public policy. Deregulating the legal profession, the authors argue, would allow more people to provide a variety of legal services without jeopardizing their quality, reduce the cost of those services, spur competition and innovation in the private sector, and increase the quality of lawyers who pursue careers in the public sector. Legal practitioners would enjoy more fulfilling careers, and society in general and its most vulnerable members in particular would benefit greatly.