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Making Global Trade Governance Work for Development
by Carolyn Deere BirkbeckDiscussion of the governance of global trade and the multilateral trading system is too often dominated by developed-country scholars and opinion-makers, with inadequate attention given to developing country perspectives. Making Global Trade Governance Work for Development gathers a diversity of developing country views on how to improve the governance of global trade and the WTO to better advance sustainable development and respond to the needs of developing countries. With contributions by senior scholars, commentators and practitioners, the essays combine new, empirically-grounded research with practical insights about the trade policy-making process. They consider the specific governance issues of interest to developing countries and acknowledge the changing dynamics in the global economy and in trade decision-making.
Making Good Law or Good Policy?
by Raymond V. CarmanThis book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges' role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges' orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.
Making Habeas Work: A Legal History
by Eric M. FreedmanA reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present.Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence.Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.”The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
Making Hate a Crime: From Social Movement to Law Enforcement
by Valerie Jenness Ryken GrattetIn Making Hate a Crime Valerie Jenness and Ryken Grattet show how the concept of hate crime emerged and evolved over time, as it traversed the arenas of American politics, legislatures, courts, and law enforcement. In the process, violence against people of color, immigrants, Jews, gays and lesbians, women, and persons with disabilities has come to be understood as hate crime, while violence against other vulnerable victims-octogenarians, union members, the elderly, and police officers, for example-has not.
Making Human Rights Work Globally
by Anthony WoodiwissThis book is one of the first studies in the new field of the sociology of human rights,and it centres its analysis on labour rights. Such rights are of critical importance in this field, work being the defining aspect of many peoples lives and a central concern of sociology.
Making Human Rights a Reality
by Emilie M. Hafner-BurtonIn the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.
Making It Legal
by Emily Doskow Frederick HertzThe ultimate guide to the past, present, and future of same-sex relationship laws in the U.S. Same-sex relationships are treated differently under each state's laws, and more than a quarter of the U.S. population lives in a state with some form of legal recognition for same-sex couples. More than 100,000 same-sex couples have married. Making It Legal is the only book that offers a comprehensive review of all the issues that influence the decision to marry and breaks down the complex and ever-changing rules of same-sex relationship laws. This book provides guidance on important issues that same-sex married couples may face: - Is a pre-nup advisable? What does it involve? - What happens when you want to file your taxes? - When is a will or a living trust needed? - What are the special needs of same-sex couples with kids? - When should you turn to professionals for help during disagreements? - How do you work with step-parents, past partners, and the blended family? Nationally recognized same-sex relationship law expert Attorney Frederick Hertz and Attorney Emily Doskow have written the ultimate guide to the ultimate decision -- whether to enter into a marriage or other legal relationship with your same-sex partner. Since the first edition was published, numerous changes have taken place across the country. Some states have legalized same-sex marriage, and others have passed laws stating that they will acknowledge same-sex marriages from other states. This edition is updated to account for these changes in state laws and projects additional changes likely to happen in the future.
Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnerships & Civil Unions
by Emily Doskow Frederick HertzAlthough same-sex marriage is now legal nationwide, there is no federal recognition for domestic partners or civil union registrants, and many couples have messy and unresolved agreements and/or registrations that need to be cleaned up. Couples also need to consider whether they want to extend marital rights (and duties) retroactive to when they first starting living together as a couple, and those with children may need to resolve issues of legal parentage. All of these issues will be addressed in the new edition of Making It Legal, which provides a brief history of the same-sex marriage movement, an overview of emerging trends, and a discussion of the factors involved in the personal decision to marry, including: Is a pre-nup agreement advisable and what does it involve? Whether you will be responsible for your partner's debts if you're married How to evaluate the effect of taxes on shared lives When to turn to professionals for help during disagreements When a will or living trust might be needed and more!
Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnerships & Civil Unions
by Emily Doskow Frederick HertzAlthough same-sex marriage is legal nationwide, there is no federal recognition for domestic partners or civil union registrants, and many couples have messy and unresolved agreements and/or registrations that need to be cleaned up. Couples also need to consider whether they want to extend marital rights (and duties) retroactive to when they first starting living together as a couple, and those with children may need to resolve issues of legal parentage. All of these issues will be addressed in the new edition of Making It Legal, which provides a brief history of the same-sex marriage movement, an overview of emerging trends, and a discussion of the factors involved in the personal decision to marry, including: whether a pre-nup agreement is advisable what it involves whether you will be responsible for your partner's debts if you're married how to evaluate the effect of taxes on shared lives when to turn to professionals for help during disagreements when a will or living trust might be needed, and more!
Making It Legal: A Guide to Same-Sex Marriage, Domestic Partnerships and Civil Unions
by Emily Doskow Frederick HertzMore than 15,000 same-sex couples married in California after the California Supreme Court legalized marriage in May of 2008, and many more have married in Massachusetts, New York and six other states in recent years. Further, nearly one-half of the U. S. population lives in a state with some form of legal recognition for same sex couples - with more than 40% of these states' couples having registered their relationships. Authored by Frederick Hertz, a nationally recognized expert in same-sex relationship law, the updated 2nd edition of Making it Legal is a comprehensive, easy to understand guide to the past, present and future of same-sex law in America. Making It Legal offers lesbians and gay men a comprehensive review of all of the issues that influence the decision to marry or state-register and helps the reader navigate the complexity of same-sex laws and understand the newest legal options while providing practical guidance on how to make one of the most important decisions in one's lifetime. Making It Legal provides a brief history of the same-sex marriage movement, a survey of the current legal landscape and a view towards emerging trends and targets, and moves on to a discussion of the factors involved in the personal decision to marry along with the issues that every married couple may face: . Is a pre-nup agreement advisable and what does it involve? . How to evaluate the effect of taxes on shared lives? . When is a will or trust needed? . What are the special needs of couples with kids? . When to turn to professionals for help during disagreements? . How best to work with stepparents, past partners, and the blended family . and much more!
Making It in the Music Business: The Business and Legal Guide for Songwriters and Performers
by Lee WilsonUsing dozens of real-life examples, readers will find up-to-date information on avoiding copyright infringement, working effectively with managers and music lawyers, developing management and booking agreements, and more. This updated edition is completely revised and expanded with two brand-new chapters on the do's and don't's of starting and running a band, and how to make money from music. It also includes expanded material on Internet copyright issues.
Making Jack Falcone: An Undercover FBI Agent Takes Down a Mafia Family
by Joaquin "Jack" Garcia"Petey Chops wasn't kicking up. And if he didn't start soon, he was going to get whacked." So begins Making Jack Falcone, the extraordinary true story of an undercover FBI agent's years-long investigation of the Gambinos, which resulted in a string of arrests that crippled the organized crime family. But long before Joaquin "Jack" Garcia found himself wearing a wire with some of the Mafia's top capos, he was one of the FBI's unlikeliest recruits. A Cuban-born American, Jack graduated from Quantico standing six-foot-four and weighing 300 pounds -- not your typical G-man. Jack's stature soon proved an asset as the FBI looked to place agents undercover with drug smugglers, counterfeiters, and even killers. Jack became one of the few FBI agents dedicated solely to undercover work. Using a series of carefully created aliases, Jack insinuated himself in the criminal world, from the Badlands of Philadelphia, where he was a gregarious money launderer, to the streets of Miami, where an undercover Garcia moved stolen and illicit goods and brought down dirty cops. Jack jumped at the opportunity to infiltrate the shadowy world of La Cosa Nostra, but how would the Cuban-American convince wiseguys that he was one of their own, a Sicilian capable of "earning his button" -- getting made in the Mafia? For the first time, the FBI created a special "mob school" for Jack, teaching him how to eat, talk, and think like a wiseguy. And it wasn't long before the freshly minted Jack Falcone found himself under the wing of one of the Gambinos' old school capos, Greg DePalma. DePalma, who cared for an ailing John Gotti in prison, introduced Falcone to his world of shakedowns, beatings, and envelopes of cash, never suspecting that one of his trusted crew members was a federal agent. A page-turning account of the struggle between law enforcement and organized crime that will rank with such classic stories as Donnie Brasco, Serpico, and Wiseguy, Making Jack Falcone is an unforgettable trip into America's underworld through the eyes of a highly decorated FBI veteran.
Making Jury Trials Fair: A Jury-centric Approach to Criminal Laws, Guiding Juries and Juror Comprehension
by Greg ByrneThis book proposes using a ‘jury-centric approach’ for improving laws, practices, and procedures in jury trials. Courts assume that jurors in a criminal trial understand and apply the judge’s directions about the law. This assumption is based on jury verdicts and the courts’ observations of jurors and inferences about juror comprehension. Research reveals that the courts’ assumption about juror comprehension is fundamentally flawed. Addressing this problem is essential for fair trials. A jury-centric approach is evidence-informed and works within a fair trial framework. It asks what jurors need to understand the issues that they must determine. It also examines juror comprehension research and why judges and lawyers have often been sceptical about this research. The book illustrates and evaluates a jury-centric approach through three case studies involving structured decision-making aids, homicide laws, and misconceptions in sexual offence cases. The book proposes establishing an interdisciplinary Juries Advisory Council, drawing on judicial and legal expertise as well as expertise in jury research. The jury’s task is increasingly complicated. Reform is essential to help jurors understand their task and determine the issues on their legal and factual merits. The book will be a valuable resource for academics, researchers, policymakers, and students in the areas of Criminal Law, Courts, Human Rights Law, Psycholinguistics, and Organisational Psychology, and to judges and lawyers.
Making Law Bind: Essays Legal and Philosophical
by Tony HonoréExpressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honoré reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.
Making Law Matter
by Lesley K. McallisterAlthough many developing countries have environmental statutes, regulations, and resolutions on the books, these laws are rarely enforced and often ignored. Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anticorruption. In Brazil, the offices of prosecutors and courts have become an important forum for resolving environmental conflicts, making environmental law more effective than in the past. Court involvement communicates the end of impunity for violators. It increases the accountability of governmental agencies and provides legal access for citizen complaints. In short, it enhances environmental rule of law. As developing countries continue to seek to reform their legal systems to strengthen democracy and the rule of law, the Brazilian Ministrio Publico must be recognized as a very promising model.
Making Legal History
by Chantal Stebbings Anthony MussonDrawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.
Making Legal History: Essays in Honor of William E. Nelson
by William E. NelsonOne of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This book collects ten essays exemplifying and explaining the process of identifying and interpreting archival sources—the foundation of an array of methods of writing American legal history. The essays presented here span the full range of American history from the colonial era to the 1980s.Each historian has either identified a body of sources not previously explored or devised a new method of interrogating sources already known.The result is a kaleidoscopic examination of the historian’s task and of the research methods and interpretative strategies that characterize the rich, complex field of American constitutional and legal history.
Making Marie Curie: Intellectual Property and Celebrity Culture in an Age of Information
by Eva Hemmungs WirténIn many ways, Marie Curie represents modern science. Her considerable lifetime achievements--the first woman to be awarded a Nobel Prize, the only woman to be awarded the Prize in two fields, and the only person to be awarded Nobel Prizes in multiple sciences--are studied by schoolchildren across the world. When, in 2009, the New Scientist carried out a poll for the "Most Inspirational Female Scientist of All Time," the result was a foregone conclusion: Marie Curie trounced her closest runner-up, Rosalind Franklin, winning double the number of Franklin's votes. She is a role model to women embarking on a career in science, the pride of two nations--Poland and France--and, not least of all, a European Union brand for excellence in science. Making Marie Curie explores what went into the creation of this icon of science. It is not a traditional biography, or one that attempts to uncover the "real" Marie Curie. Rather, Eva Hemmungs Wirtén, by tracing a career that spans two centuries and a world war, provides an innovative and historically grounded account of how modern science emerges in tandem with celebrity culture under the influence of intellectual property in a dawning age of information. She explores the emergence of the Curie persona, the information culture of the period that shaped its development, and the strategies Curie used to manage and exploit her intellectual property. How did one create and maintain for oneself the persona of scientist at the beginning of the twentieth century? What special conditions bore upon scientific women, and on married women in particular? How was French identity claimed, established, and subverted? How, and with what consequences, was a scientific reputation secured? In its exploration of these questions and many more, Making Marie Curie provides a composite picture not only of the making of Marie Curie, but the making of modern science itself.
Making Martyrs East and West: Canonization in the Catholic and Russian Orthodox Churches
by Cathy CaridiFor centuries, Catholics in the Western world and the Orthodox in Russia have venerated certain saints as martyrs. In many cases, both churches recognize as martyrs the same individuals who gave their lives for Jesus Christ. On the surface, it appears that while the external liturgical practices of Catholics and Russian Orthodox may vary, the fundamental theological understanding of what it means to be a martyr, and what it means to canonize a saint, are essentially the same. But are they? In Making Martyrs East and West, Caridi examines how the practice of canonization developed in the West and in Russia, focusing on procedural elements that became established requirements for someone to be recognized as a saint and a martyr. She investigates whether the components of the canonization process now regarded as necessary by the Catholic Church are fundamentally equivalent to those of the Russian Orthodox Church, and vice versa, while exploring the possibility that the churches use the same terminology and processes, but in fundamentally different ways that preclude the acceptance of one church's saints by the other. Caridi examines official church documents and numerous canonization records, collecting and analyzing information from several previously untapped medieval Russian sources. Her highly readable study is the first to focus on the historical documentation on canonization specifically for juridical significance. It will appeal to scholars of religion and church history, as well as ecumenicists, liturgists, canonists, and those interested in East-West ecumenical efforts.
Making Medical Decisions for the Profoundly Mentally Disabled
by Norman L. CantorNorman Cantor analyzes the legal and moral status of people with profound mental disabilities -- those with extreme cognitive impairments that prevent their exercise of medical self-determination. He proposes a legal and moral framework for surrogate medical decision making on their behalf. The issues Cantor explores will be of interest to professionals in law, medicine, psychology, philosophy, and ethics, as well as to parents, guardians, and health care providers who face perplexing issues in the context of surrogate medical decision making. The profoundly mentally disabled are thought by some moral philosophers to lack the minimum cognitive ability for personhood. Countering this position, Cantor advances both theoretical and practical arguments for according them full legal and moral status. He also argues that the concept of intrinsic human dignity should have an integral role in shaping the bounds of surrogate decision making. Thus, he claims, while profoundly mentally disabled persons are not entitled to make their own medical decisions, respect for intrinsic human dignity dictates their right to have a conscientious surrogate make medical decisions on their behalf. Cantor discusses the criteria that bind such surrogates. He asserts, contrary to popular wisdom, that the best interests of the disabled person are not always the determinative standard: the interests of family or others can sometimes be considered. Surrogates may even, consistent with the intrinsic human dignity standard, sometimes authorize tissue donation or participation in non-therapeutic medical research by profoundly disabled persons. Intrinsic human dignity limits the occasions for such decisions and dictates close attention to the preferences and feelings of the profoundly disabled persons themselves. Cantor also analyzes the underlying philosophical rationale that makes these decision-making criteria consistent with law and morals.
Making Meetings Work: The Art of Chairing
by Richard HooperMaking Meetings Work is a short book which aims to help people chair meetings better – meetings of all kinds from community playgroups to conferences and dinners to large corporate Boards. The book is based on the personal experience of a professional working chair over many years. The book is aimed at younger men and women who are beginning to chair their first meetings, and also at more experienced chairs who want to develop their skills.
Making Modern Medical Ethics: How African Americans, Anti-Nazis, Bureaucrats, Feminists, Veterans, and Whistleblowing Moralists Created Bioethics (Basic Bioethics)
by Robert BakerThe little-known stories of the people responsible for what we know today as modern medical ethics.In Making Modern Medical Ethics, Robert Baker tells the counter history of the birth of bioethics, bringing to the fore the stories of the dissenters and whistleblowers who challenged the establishment. Drawing on his earlier work on moral revolutions and the history of medical ethics, Robert Baker traces the history of modern medical ethics and its bioethical turn to the moral insurrections incited by the many unsung dissenters and whistleblowers: African American civil rights leaders, Jewish Americans harboring Holocaust memories, feminists, women, and Anglo-American physicians and healthcare professionals who were veterans of the World Wars, the Cold War, and the Vietnam War.The standard narrative for bioethics typically emphasizes the morally disruptive medical technologies of the latter part of the twentieth century, such as the dialysis machine, the electroencephalograph, and the ventilator, as they created the need to reconsider traditional notions of medical ethics. Baker, however, tells a fresh narrative, one that has historically been neglected (e.g., the story of the medical veterans who founded an international medical organization to rescue medicine and biomedical research from the scandal of Nazi medicine), and also reveals the penalties that moral change agents paid (e.g., the stubborn bureaucrat who was demoted for her insistence on requiring and enforcing research subjects&’ informed consent). Analyzing major statements of modern medical ethics from the 1946–1947 Nuremberg Doctors Trials and Nuremberg Code to A Patient&’s Bill of Rights, Making Modern Medical Ethics is a winning history of just how respect and autonomy for patients and research subjects came to be codified.
Making Moral Judgments: Psychological Perspectives on Morality, Ethics, and Decision-Making
by Donelson ForsythThis fascinating new book examines diversity in moral judgements, drawing on recent work in social, personality, and evolutionary psychology, reviewing the factors that influence the moral judgments people make. Why do reasonable people so often disagree when drawing distinctions between what is morally right and wrong? Even when individuals agree in their moral pronouncements, they may employ different standards, different comparative processes, or entirely disparate criteria in their judgments. Examining the sources of this variety, the author expertly explores morality using ethics position theory, alongside other theoretical perspectives in moral psychology, and shows how it can relate to contemporary social issues from abortion to premarital sex to human rights. Also featuring a chapter on applied contexts, using the theory of ethics positions to gain insights into the moral choices and actions of individuals, groups, and organizations in educational, research, political, medical, and business settings, the book offers answers that apply across individuals, communities, and cultures. Investigating the relationship between people’s personal moral philosophies and their ethical thoughts, emotions, and actions, this is fascinating reading for students and academics from psychology and philosophy and anyone interested in morality and ethics.
Making Our Democracy Work
by Stephen BreyerThe Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, andBrown v. Board of Education,he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Workis a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time. From the Hardcover edition.
Making Our Democracy Work: A Judge's View
by Stephen BreyerThe Supreme Court is one of the most extraordinary institutions in our system of government. Charged with the responsibility of interpreting the Constitution, the nine unelected justices of the Court have the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court's decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public's faith? How can the Court help make our democracy work? These are the questions that Justice Stephen Breyer tackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public's confidence in the Court for granted. He reminds us that at various moments in our history, the Court's decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps--and the missteps--the Court took on the road to establishing its legitimacy as the guardian of the Constitution. Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution's text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances--an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors--such as the president, Congress, administrative agencies, and the states--play in our democracy, and he emphasizes the Court's obligation to build cooperative relationships with them. Finally, Justice Breyer examines the Court's recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court's greatest intellectuals and a leading legal voice of our time.