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Troubling Transparency
  • Language: en
  • Pages: 329

Troubling Transparency

Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading s...

The Perilous Public Square
  • Language: en
  • Pages: 613

The Perilous Public Square

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 ...

Democracy in Times of Pandemic
  • Language: en
  • Pages: 219

Democracy in Times of Pandemic

Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.

The President and Immigration Law
  • Language: en
  • Pages: 361

The President and Immigration Law

  • Categories: Law

When President Barack Obama announced his plans to shield millions of immigrants from deportation, Congress and the commentariat pilloried him for acting unilaterally. When President Donald Trump attempted to ban immigration from six predominantly Muslim counties, a different collection ofcritics attacked the action as tyrannical. Beneath this polarized political resistance lies a widely shared belief: that Congress, not the President, makes our immigration policies, dictating who can come to the United States, and who can stay, in a detailed and comprehensive legislative code.InThe President and Immigration Law, Adam Cox and Cristina Rodriguez shatter the myth that Congress controls immigra...

The Secrets of Law
  • Language: en
  • Pages: 287

The Secrets of Law

  • Categories: Law

The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.

Big Money Unleashed
  • Language: en
  • Pages: 313

Big Money Unleashed

The story of how the First Amendment became an obstacle to campaign finance regulation—a history that began much earlier than most imagine. Americans across party lines believe that public policy is rigged in favor of those who wield big money in elections. Yet, legislators are restricted in addressing these concerns by a series of Supreme Court decisions finding that campaign finance regulations violate the First Amendment. Big Money Unleashed argues that our current impasse is the result of a long-term process involving many players. Naturally, the justices played critical roles—but so did the attorneys who hatched the theories necessary to support the legal doctrine, the legal advocacy groups that advanced those arguments, the wealthy patrons who financed these efforts, and the networks through which they coordinated strategy and held the Court accountable. Drawing from interviews, public records, and archival materials, Big Money Unleashed chronicles how these players borrowed a litigation strategy pioneered by the NAACP to dismantle racial segregation and used it to advance a very different type of cause.

The Constitutional Bind
  • Language: en
  • Pages: 818

The Constitutional Bind

  • Categories: Law

"Americans today are increasingly uneasy about the democratic weaknesses of their Federal Constitution. But for most of living memory that very Constitution has been idealized as near perfect. How could it be that this flawed system came to enjoy such intense veneration? In a striking reinterpretation of the American constitutional past, Aziz Rana connects the spread of a distinctive twentieth century American relationship to its founding document to another development rarely treated alongside it: the rise of the U.S. to global dominance. In the process, he highlights the role of constitutional veneration in shaping the terms of American power abroad, with ultimately transformative effects ...

The Transparency Paradox
  • Language: en
  • Pages: 241

The Transparency Paradox

  • Categories: Law

Transparency has become a new norm. States, international organizations, and even private businesses have sought to bolster their legitimacy by invoking transparency in their activities. This growth in popularity was made possible through two interconnected trends: the idea that transparency is inherently good, and that the actual meaning of the term is becoming harder and harder to pin down. Thus far, this has remained undertheorized. The Transparency Paradox is an insightful account of the hidden logic of the ideal of transparency and its legal manifestations. It shows how transparency is a covertly conflicted ideal. The book argues that counter to popular understanding, truth and legitimacy cannot but form a problematic trade-off in transparency practices.

Yale Law Journal: Volume 124, Number 1 - October 2014
  • Language: en
  • Pages: 370

Yale Law Journal: Volume 124, Number 1 - October 2014

  • Categories: Law

The October 2014 issue of The Yale Law Journal (the first for academic year 2014-2015) features new articles, notes, and comments on law and legal theory. Contents include: • Article, "Self-Help and the Separation of Powers," by David E. Pozen • Article, "Criminal Attempts," by Gideon Yaffe • Note, "The Rise of Institutional Mortgage Lending in Early Nineteenth-Century New Haven," by Steven J. Kochevar • Comment, "SEC 'Monetary Penalties Speak Very Loudly,' But What Do They Say? A Critical Analysis of the SEC's New Enforcement Approach," by Sonia A. Steinway • Comment, "Contract After Concepcion: Some Lessons from the State Courts," by James Dawson This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. The Oct. 2014 issue is Volume 124, Number 1.

University of Chicago Law Review: Volume 79, Number 4 - Fall 2012
  • Language: en
  • Pages: 490

University of Chicago Law Review: Volume 79, Number 4 - Fall 2012

  • Categories: Law

A leading law review offers a quality ebook edition. This fourth issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue are: ARTICLES: -- Elected Judges and Statutory Interpretation, by Aaron-Andrew P. Bruhl & Ethan J. Leib -- Delegation in Immigration Law, by Adam B. Cox & Eric A. Posner -- What If Religion Is Not Special?, by Micah Schwartzman COMMENTS: -- A Common Law Approach to D&O Insurance “In Fact” Exclusion Disputes -- Taming the Hydra: Prosecutorial Discretion under the Acceptance of Responsibility Provision of the US Sentencing Guidelines --...