In The Constitution of the War on Drugs, David Pozen provides an authoritative, critical constitutional history of the drug war, casting new light on both drug prohibition and U.S. constitutional development. Pozen shows the plausibility of a constitutional path not taken in the 1960s and 1970s--a path that would have led to a less punitive approach to drug control. He explains how and why constitutional resistance to drug prohibition collapsed. And he offers a roadmap to constitutional reform options available today.
Whatever you’re trying to learn about the world—as a journalist or as an informed citizen— public records often hold the key. But what records, where? And how to get them? Gaining access to records is an art, one that requires an organized approach and a good understanding of human behavior. The Art of Access: Strategies for Acquiring Public Records, Second Edition is a how-to guide for putting the law into action and using ingenuity to pry records loose. FOI experts and longtime journalists David Cuillier and Charles N. Davis present strategies for dealing with the officials who stand between you and the information you seek. They explore new developments in technology and research and the latest online innovations and tools to help you rethink the information-gathering process and develop a document state of mind.
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
For readers of How Democracies Die, two legal scholars expose the MAGA Republican strategy to roll back civil, political, and privacy rights and subvert American democracy—and prescribe a plan for beating the Christian nationalists at their own game. Time and again, when confronted with serious challenges to their power and privilege, white Christian nationalists seek solace—and satisfaction—in state-supported forms of vigilantism. This was true at the dawn of the American republic, when Northern abolitionists threatened the Southern slavocracy. It was also true in the aftermath of the Civil War, when emancipated Black Americans and their Northern allies sought to fulfill the promises of Reconstruction. And though this pattern was seemingly broken after the Civil Rights revolution of the 1950s and ’60s—and abandoned once and for all—legal vigilantism has made a surprising, roaring comeback in the months and years following the failed coup of January 6, 2021. Committed to never again losing power, let alone experiencing the humiliation that followed on the heels of the ham-fisted insurrection, overlapping networks of right-wing lawyers, politicians, plutocrats, and preachers have resurrected state-supported vigilantism. Vigilante Nation tells this story of the American Right marginalizing, subordinating, and disenfranchising the increasingly diverse and cosmopolitan members of the American polity. This book exposes the vigilantes’ plans, explains their methods—everything from book bans to anti-abortion bounties to attacks on government proceedings, including elections—and underscores the stakes. Now that supporters of democratic equality are numerous and dexterous enough to finally secure the broad promises of the civil rights revolution, the race is on for Donald Trump, J.D. Vance, and the architects of Project 2025 to subvert our democracy before a countermovement can rise up to thwart their insidious plans.
Reveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.
As US power grew after WWI, officials and nonprofits joined to promote citizen participation in world affairs. David Allen traces the rise and fall of the Foreign Policy Association, a public-education initiative that retreated in the atomic age, scuttling dreams of democratic foreign policy and solidifying the technocratic national security model.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Americans of all political persuasions fear that “free speech” is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting—from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the “fake news,” trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading thinkers to identify and investigate today’s multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism. Beginning with Tim Wu’s inquiry into whether the First Amendment is obsolete, Matthew Connelly, Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain, and Heather Whitney explore ways to address these dangers and preserve the essential features of a healthy democracy. Their conversations with other leading thinkers, including Danielle Keats Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca Tushnet, and Kirsten Weld, cross the disciplinary boundaries of First Amendment law, internet law, media policy, journalism, legal history, and legal theory, offering fresh perspectives on fortifying the speech system and reinvigorating the public square.
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