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How Free Can Religion Be?
by Randall P. BezansonRandall P. Bezanson's How Free Can Religion Be? explores the Supreme Court's varied history of interpreting the religious guarantees outlined in the First Amendment. The book discusses eight provocative Supreme Court decisions to track the evolution of Free Exercise and Establishment Clause doctrine, focusing on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit some old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
How Free Can the Press Be?
by Randall P. BezansonIn How Free Can the Press Be? Randall P. Bezanson explores contradictions embedded in understanding press freedom in America by discussing nine of the most pivotal and provocative First Amendment cases in U.S. judicial history.
How Gamification Can Help Your Business Engage in Sustainability
by Paula OwenVirtually unknown just a few years ago, gamification is fast emerging as a user engagement and behaviour change tool that succeeds where other tactics and strategies have failed. It's the new "business tech trend to watch", and is already being tested in a diverse range of sectors.Not only useful for strengthening communication and engagement and as a potent behaviour change agent, it is also being advocated as a uniquely effective tool for stimulating innovative thinking and new ideas. In the environmental sector, "eco-gamification" is showing early promise in sustainable transport, employee engagement, energy and recycling, and its potential for other sectors is clear.This book contains all the information businesses and other organizations need to make an informed decision about whether to adopt gamification as part of their own business and sustainability strategies – and the tools to get started. Owen's expert investigation outlines the latest theory, tactics and strategies, draws together emerging best practice and points to stand-out successes in the health and fitness, medical research, and financial sectors, as well as early successes in "eco-gamification".Whether the people you are engaging are customers, citizens, employees, shareholders, executives or board members, if you're an organization concerned with enhancing environmental sustainability, and you want your efforts to make a real and lasting difference, this book is for you.
How Global Currencies Work: Past, Present, and Future
by Barry Eichengreen Arnaud Mehl Livia ChituA powerful new understanding of global currency trends, including the rise of the Chinese yuanAt first glance, the modern history of the global economic system seems to support the long-held view that the leading world power’s currency—the British pound, the U.S. dollar, and perhaps someday the Chinese yuan—invariably dominates international trade and finance. In How Global Currencies Work, three noted economists provide a reassessment of this history and the theories behind the conventional wisdom.Offering a new history of global finance over the past two centuries, and marshaling extensive new data to test established theories of how global currencies work, Barry Eichengreen, Arnaud Mehl, and Livia Chiţu argue for a new view, in which several national monies can share international currency status, and their importance can change rapidly. They demonstrate how changes in technology and in the structure of international trade and finance have reshaped the landscape of international currencies so that several international financial standards can coexist. They show that multiple international and reserve currencies have in fact coexisted in the pastupending the traditional view of the British pound’s dominance prior to 1945 and the U.S. dollar’s dominance more recently.Looking forward, the book tackles the implications of this new framework for major questions facing the future of the international monetary system, from whether the euro and the Chinese yuan might address their respective challenges and perhaps rival the dollar, to how increased currency competition might affect global financial stability.
How Good is Scott Morrison?
by Wayne Errington Peter van OnselenWithout fear or favour, How Good is Scott Morrison? examines the trials and tribulations of our 30th prime minister. Investigating Morrison's unlikely rise to the liberal leadership and his miracle electoral win, van Onselen and Errington put his leadership under the spotlight.Covering Morrison's disastrous management of the catastrophic bushfire season that was highlighted by the extraordinary statement, 'I don't hold the hose, mate,' and the decision to holiday while the country burned, How Good is Scott Morrison? shows his resolve and the redemption the government's response to the pandemic brought him.Right now, Scott Morrison seems unassailable and sure to win the next election, but what exactly is his vision for Australia? A pragmatist rather than an ideologue, he is a deeply Pentecostal religious man but he doesn't wear his faith as a badge of honour. So what does he really believe in?When the history of this period is written, Morrison will certainly be seen as an election winner but will he be viewed as having had the courage and vision to change Australia for the better, or the worse?
How Good People Make Tough Choices Rev Ed: Resolving the Dilemmas of Ethical Living
by Rushworth M. KidderShould you take a much-needed vacation or save money for the kids' education? Protect the endangered owl or maintain jobs for loggers? Have a heart-to-heart with a lying employee or fire him on the spot?All of us face ethical choices. Sometimes they're easy: One side is wrong and the other is right. But how do we handle the really tough "right vs. right" dilemmas, where each side has strong moral arguments and we can't do both? This book helps us build Ethical Fitness®--a values-based decision-making process so definitive that it's now a registered trade mark.Rushworth M. Kidder, founder of the Institute for Global Ethics, teaches us how to think for ourselves in order to resolve ethical dilemmas ranging from the intimately personal to the broadly philosophical. Unique in its approach and rich with illustrative anecdotes--updated with examples of real-world conflicts from today's political realm and from Dr. Kidder's own observations--How Good People Make Tough Choices is an indispensable resource for spotting, understanding, and resolving our toughest decisions.
How Good Policies and Business Ethics Enhance Good Quality of Life
by Alex C. MichalosThis volume provides bridges from the social sciences to business ethics and from the latter to the quality of life, by connecting the research themes of quality of life, social sciences, including public policy-making, and business ethics or corporate responsibility. It builds on the premise that public policy making is essentially a species of good decision making, as explained in the first volume. It shows that, because most developed countries function as market economies whose governments depend on taxation to pay for their services and because a large proportion of government revenue comes from well-regulated, responsible corporations, the quality of people's lives is highly dependent upon good public policies, taxation and business ethics. The volume presents and examines ethical/moral problems arising in market economies since the first century BCE, including the first appearance of the business case for business ethics, fourteen arguments concerning the neglect of business ethics, business ethics issues for the 1990s and beyond, the loyal agent's argument, advertising, the importance of trust, public opinion polling, public program evaluation, and a critique of the relatively new monster of super-capitalism. In addition, it deals with connections among the concepts of efficiency, morality, and rationality related to decision making in general and public policy making in particular. Finally, it explains relationships between outcomes measurement and performance indicators in general and performance-based management in public administration, the taxation of net wealth and financial transactions.
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
by Fran QuigleyA cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
by Fran QuigleyA cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.
How Humans Judge Machines
by Cesar A. Hidalgo Diana Orghiain Jordi Albo Canals Filipa De Almeida Natalia MartinHow people judge humans and machines differently, in scenarios involving natural disasters, labor displacement, policing, privacy, algorithmic bias, and more.How would you feel about losing your job to a machine? How about a tsunami alert system that fails? Would you react differently to acts of discrimination depending on whether they were carried out by a machine or by a human? What about public surveillance? How Humans Judge Machines compares people's reactions to actions performed by humans and machines. Using data collected in dozens of experiments, this book reveals the biases that permeate human-machine interactions. Are there conditions in which we judge machines unfairly? Is our judgment of machines affected by the moral dimensions of a scenario? Is our judgment of machine correlated with demographic factors such as education or gender? César Hidalgo and colleagues use hard science to take on these pressing technological questions. Using randomized experiments, they create revealing counterfactuals and build statistical models to explain how people judge artificial intelligence and whether they do it fairly. Through original research, How Humans Judge Machines bring us one step closer tounderstanding the ethical consequences of AI.
How Insurance Companies Settle Cases
by David FrangiamoreHow Insurance Companies Settle Cases Speed up the processing of your claims and reduce your frustration with insurance companies with How Insurance Companies Settle Cases. Knowing how insurance companies operate can help you obtain fair settlements faster. By learning what counts with the home office and what doesn't, you can present your case in its best light with minimum wasted effort, and make both you and your case stand out. This book gives you insider information that reveals how insurance companies evaluate and negotiate claims. Find answers to these questions: * How do insurance companies value cases? * What do adjusters need to settle a case? * Who makes the real decisions on insurance cases? * How do insurance companies value pre-existing injuries? * How do I prove my client really suffers from a soft tissue injury? * What is the structure of most claims departments? * How do I learn policy limits and get a copy of the insurance policy?
How Judges Judge: Empirical Insights into Judicial Decision-Making
by Brian M. BarryA judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
How Judges Think
by Richard A. PosnerA distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
How Lawyers Lose Their Way: A Profession Fails Its Creative Minds
by Jean Stefancic Richard DelgadoIn this penetrating book, Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They show how legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all, exalting consistency over ambiguity, rationality over emotion, and rules over social context and narrative. Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor's cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound's release from St. Elizabeths Hospital. Drawing on MacLeish's story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
How Leading Lawyers Think
by Randall KiserIn this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
How Legal Theory Can Save the Life of Healthcare Ethics (The International Library of Bioethics #101)
by Ann M. HeestersThis book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.
How Machines Came to Speak: Media Technologies and Freedom of Speech (Sign, Storage, Transmission)
by Jennifer PetersenIn How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.
How Many More Women?: The silencing of women by the law and how to stop it
by Jennifer Robinson Keina Yoshida'Compelling... brilliant but shaming.' CHERIE BLAIR, KC'Crucial reading for any person wanting to fight against all forms of gendered abuse.' JESS PHILLIPS, MP'This book is another brick through the windows of our legal systems: a brilliant, trenchant analysis of what is wrong with the law.' HELENA KENNEDY, KC We are in a crucial moment: women are breaking through the cultural reticence around gender-based violence. But just as survivors have begun to feel empowered to speak out, a new form of systematic silencing has made itself more evident: rich and powerful men are using teams of lawyers to suppress allegations and prevent newspaper stories from running. Individual women, advocacy groups and journalists find themselves fighting against censorship. The law is being wielded to reinforce the status quo of silence that existed before #MeToo.If women cannot speak about their abuse - and journalists are fearful of telling their stories - then how can we understand the problem of gender-based violence in our society? And how can we even begin to end it?In How Many More Women? internationally-acclaimed human rights lawyers, Jennifer Robinson and Keina Yoshida, examine the broken systems and explore the changes needed in order to ensure that women's freedom, including their freedom of speech, is no longer threatened by the laws that are supposed to protect them.
How Mass Atrocities End
by Bridget Conley-ZilkicGiven the brutality of mass atrocities, it is no wonder that one question dominates research and policy: what can we, who are not at risk, do to prevent such violence and hasten endings? But this question skips a more fundamental question for understanding the trajectory of violence: how do mass atrocities actually end? This volume presents an analysis of the processes, decisions, and factors that help bring about the end of mass atrocities. It includes qualitatively rich case studies from Burundi, Guatemala, Indonesia, Sudan, Bosnia, and Iraq, drawing patterns from wide-ranging data. As such, it offers a much needed correction to the popular 'salvation narrative' framing mass atrocity in terms of good and evil. The nuanced, multidisciplinary approach followed here represents not only an essential tool for scholars, but an important step forward in improving civilian protection.
How Medicaid Fails the Poor
by Avik RoyMedicaid, America's government-run health insurance program for the poor, should be a lifeline that provides needed health care to Americans with no other options. Surprisingly, however, it doesn't. The medical literature reveals a $450 billion-a-year scandal: that people on Medicaid have far worse health outcomes than those with private insurance, and no better outcomes than those with no insurance at all.Why is this so? In How Medicaid Fails the Poor, Avik Roy explains how Medicaid's clumsy design and perverse incentives make it hard for people on Medicaid to get the medical care they need. Medicaid doesn't reimburse doctors or hospitals for the cost of caring for Medicaid enrollees, forcing many doctors to opt out of the program.The Affordable Care Act, otherwise known as Obamacare, doubles down on this broken system. Roy shows us that there are better ways, using private insurance, to provide needed care to our poorest citizens.
How Much Energy Does Your Building Use? (Doshorts Ser.)
by Kerry Mashford Liz ReasonWhy do award-winning "green" buildings so often have higher energy bills than ordinary buildings? Why do expensive refurbishments deliver outcomes that are far from the promises of improved sustainability? Why does your building have high running costs and still the occupants complain about being too cold or too hot and are otherwise dissatisfied?The failure of many countries to produce buildings that are comfortable with excellent energy performance is a scandal. Achieving low energy buildings does not involve learning rocket science: just some basic building physics, a clear language for talking meaningfully about energy-efficient outcomes with all those in the buildings cycle, and an outlook that casts a new low energy perspective on old problems. This book provides that common language. It outlines a path towards understanding what makes for a good quality low energy building, the stakeholders that need to be engaged, and encourages new ways of thinking about how to reduce energy use and costs.This book is for everyone in the buildings cycle, from CEOs of major construction companies to Sustainability, Energy, Environment, Facilities and Utilities managers in any company that aims to reduce energy use in a non-domestic building.
How Not to Kill Yourself: A Portrait of the Suicidal Mind
by Clancy MartinFINALIST FOR THE KIRKUS PRIZE FOR NONFICTION • ONE OF TIME'S 100 MUST-READ BOOKS OF THE YEAR • ONE OF THE NEW YORK TIMES BOOK REVIEW'S CRITICS' PICKS • ONE OF THE BOSTON GLOBE&’S 55 BOOKS WE LOVED THIS YEAR • ONE OF KIRKUS&’S BEST NONFICTION BOOKS OF THE YEAR• An intimate, insightful, at times even humorous blend of memoir and philosophy that examines why the thought of death is so compulsive for some while demonstrating that there&’s always another solution—from the acclaimed writer and philosophy professor, based on his viral essay, &“I&’m Still Here.&” &“A deep meditation that searches through Martin&’s past looking for answers about why he is the way he is, while also examining the role suicide has played in our culture for centuries, how it has evolved, and how philosophers have examined it.&” —Esquire &“A rock for people who&’ve been troubled by suicidal ideation, or have someone in their lives who is.&” —The New York Times&“If you&’re going to write a book about suicide, you have to be willing to say the true things, the scary things, the humiliating things. Because everybody who is being honest with themselves knows at least a little bit about the subject. If you lie or if you fudge, the reader will know.&”The last time Clancy Martin tried to kill himself was in his basement with a dog leash. It was one of over ten attempts throughout the course of his life. But he didn&’t die, and like many who consider taking their own lives, he hid the attempt from his wife, family, coworkers, and students, slipping back into his daily life with a hoarse voice, a raw neck, and series of vague explanations.In How Not to Kill Yourself, Martin chronicles his multiple suicide attempts in an intimate depiction of the mindset of someone obsessed with self-destruction. He argues that, for the vast majority of suicides, an attempt does not just come out of the blue, nor is it merely a violent reaction to a particular crisis or failure, but is the culmination of a host of long-standing issues. He also looks at the thinking of a number of great writers who have attempted suicide and detailed their experiences (such as David Foster Wallace, Yiyun Li, Akutagawa, Nelly Arcan, and others), at what the history of philosophy has to say both for and against suicide, and at the experiences of those who have reached out to him across the years to share their own struggles.The result combines memoir with critical inquiry to powerfully give voice to what for many has long been incomprehensible, while showing those presently grappling with suicidal thoughts that they are not alone, and that the desire to kill oneself—like other self-destructive desires—is almost always temporary and avoidable.
How Parties Experience Mediation: An Interview Study on Relationship Changes in Workplace Mediation
by Timea TallodiThis book presents an unprecedented qualitative research study on relational changes in mediation with a truly interdisciplinary outset, drawing on the literature on psychology, alternative dispute resolution and business. Mediation's potential to induce changes in parties' relationships as an advantage of the process is commonly mentioned in the literature. However, despite its being a key to reconciliation, relational changes in mediation has not yet been a topic of foundational and fine-grained qualitative enquiry. As the first study in the literature, this research uses in-depth interviews with mediation parties and the qualitative methodology of interpretative phenomenological analysis in order to explore participants' lived experiences. The phenomenological stance ensures a particularly rich data set and a nuanced interpretative analysis. This pioneering piece of research seeks to enter mediation parties' true experiences as closely as possible, moving beyond pre-existing theoretical, quantitative and large-scale qualitative explorations. The themes are discussed in the context of theory, research and practice. Therefore, this book advances knowledge about mediation both in theoretical and practical terms. Innovative conclusions and recommendations are provided for developing mediation practice, mediation training programmes, and further research.
How Rights Went Wrong: Why Our Obsession with Rights Is Tearing America Apart
by Jamal GreeneAn eminent constitutional scholar reveals how our approach to rights is dividing America, and how we can build a better system of justice: “Incisive.” —Publishers WeeklyFinalist, American Association of Publishers Prose AwardYou have the right to remain silent—and the right to free speech. The right to worship, and to doubt. The right to be free from discrimination, and to hate. The right to life, and the right to own a gun.Rights are a sacred part of American identity. Yet they’re also the source of some of our greatest divisions. We believe that holding a right means getting a judge to let us do whatever the right protects. And judges, for their part, seem unable to imagine two rights coexisting—reducing the law to winners and losers. The resulting system of legal absolutism distorts our law, debases our politics, and exacerbates our differences rather than helping to bridge them.As renowned legal scholar Jamal Greene argues, we need a different approach—and in How Rights Went Wrong, he proposes one that the Founders would have approved. They preferred to leave rights to legislatures and juries, not judges, he explains. Only because of the Founders’ original sin of racial discrimination—and subsequent missteps by the Supreme Court—did courts gain such outsized power over Americans’ rights. In this paradigm-shifting account, Greene forces readers to rethink the relationship between constitutional law and political dysfunction and shows how we can recover America’s original vision of rights, while updating them to confront the challenges of the twenty-first century.“It is the argument of this important book that until Americans can reimagine rights, there is no path forward, and there is, especially, no way to get race right. No peace, no justice.” —from the foreword by Jill Lepore, New York Times–bestselling author of These Truths: A History of the United States“A superb stylist [with] an eye for the withering zinger.” —The Washington Post Book World“A provocative argument for more humility and listening, and less arrogance and dogmatism . . . Perfectly timed and passionately presented.” —Cass R. Sunstein, author of How Change Happens
How Russia Really Works: The Informal Practices That Shaped Post-Soviet Politics and Business (Culture and Society after Socialism)
by Alena V. LedenevaDuring the Soviet era, blat--the use of personal networks for obtaining goods and services in short supply and for circumventing formal procedures--was necessary to compensate for the inefficiencies of socialism. The collapse of the Soviet Union produced a new generation of informal practices. In How Russia Really Works, Alena V. Ledeneva explores practices in politics, business, media, and the legal sphere in Russia in the 1990s--from the hiring of firms to create negative publicity about one's competitors, to inventing novel schemes of tax evasion and engaging in "alternative" techniques of contract and law enforcement. Ledeneva discovers ingenuity, wit, and vigor in these activities and argues that they simultaneously support and subvert formal institutions. They enable corporations, the media, politicians, and businessmen to operate in the post-Soviet labyrinth of legal and practical constraints but consistently undermine the spirit, if not the letter, of the law. The "know-how" Ledeneva describes in this book continues to operate today and is crucial to understanding contemporary Russia.