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The Irony of Free Speech
How free is the speech of someone who can't be heard? Not very--and this, Owen Fiss suggests, is where the First Amendment comes in. In this book, a marvel of conciseness and eloquence, Fiss reframes the debate over free speech to reflect the First Amendment's role in ensuring public debate that is, in Justice William Brennan's words, truly uninhibited, robust, and wide-open. Hate speech, pornography, campaign spending, funding for the arts: the heated, often overheated, struggle over these issues generally pits liberty, as embodied in the First Amendment, against equality, as in the Fourteenth. Fiss presents a democratic view of the First Amendment that transcends this opposition. If equal ...
The Law as it Could be
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.
Pillars of Justice
The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.
Liberalism Divided
Freedom of expression, long an issue that united liberals, now serves to drive them apart. Many feminists demand the banning of pornography; representatives of ethnic groups campaign for curbs on hate speech; liberal reformers work to restrict the funding of political campaigns and to regulate the press. Focusing on such issues, this book examines the collision of the traditional liberal ideals of equality and freedom with modern social structures, and speculates on what role the State might play in furthering public debate. The author analyzes the pressure on liberal thought resulting from such controversies as pornography, Mapplethorpe and artistic expression, the rights of street-corner orators, and the rise of the communications media.
The Structure of Procedure
This casebook provides detailed information on procedure. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
A Way Out
After decades of hand-wringing and well-intentioned efforts to improve inner cities, ghettos remain places of degrading poverty with few jobs, much crime, failing schools, and dilapidated housing. Stepping around fruitless arguments over whether or not ghettos are dysfunctional communities that exacerbate poverty, and beyond modest proposals to ameliorate their problems, one of America's leading experts on civil rights gives us a stunning but commonsensical solution: give residents the means to leave. Inner cities, writes Owen Fiss, are structures of subordination. The only way to end the poverty they transmit across generations is to help people move out of them--and into neighborhoods with...
A War Like No Other
“A scholarly and cautionary collection of essays focusing on what [Fiss] views as the post-9/11 debasements of key provisions of the Constitution” (Kirkus Reviews). A leading legal scholar for more than thirty years, Owen Fiss’s focus was civil procedure and equal protection. But when the War on Terror began to shroud legal proceedings in secrecy, he realized the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications...
A Community of Equals
"In this timely book, Owen Fiss examines the paradox of new immigrants being stripped of their rights within a democracy committed to equality. Arguing that it is in the interest of all of us-citizens and citizens-to-be-to live up to the promise of our Constitution, Fiss challenges the courts to invoke the courage they once brought to landmark civil rights cases and to apply it now to preserve a community of equals. Distinguished scholars and activists respond and debate the implications of Fiss's argument."--Amazon.com viewed Aug. 6, 2021
