Download or read book The Strange Career of Legal Liberalism written by Laura Kalman and published by Yale University Press. This book was released on 1998-08-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
Download or read book The Strange Career of Legal Liberalism written by Laura Kalman and published by . This book was released on 1996-01-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholarship is in a state of crisis, argues Laura Kalman in this history of the most prestigious field in law studies, constitutional theory. Since the New Deal, Kalman says, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism - which stressed communal values and an active citizenry - to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
Download or read book The Strange Career of Racial Liberalism written by Joseph Darda and published by Stanford University Press. This book was released on 2022-03-15 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Americans learned to wait on time for racial change What if, Joseph Darda asks, our desire to solve racism—with science, civil rights, antiracist literature, integration, and color blindness—has entrenched it further? In The Strange Career of Racial Liberalism, he traces the rise of liberal antiracism, showing how reformers' faith in time, in the moral arc of the universe, has undercut future movements with the insistence that racism constitutes a time-limited crisis to be solved with time-limited remedies. Most historians attribute the shortcomings of the civil rights era to a conservative backlash or to the fracturing of the liberal establishment in the late 1960s, but the civil rights movement also faced resistance from a liberal "frontlash," from antiredistributive allies who, before it ever took off, constrained what the movement could demand and how it could demand it. Telling the stories of Ruth Benedict, Kenneth Clark, W. E. B. Du Bois, John Howard Griffin, Pauli Murray, Lillian Smith, Richard Wright, and others, Darda reveals how Americans learned to wait on time for racial change and the enduring harm of that trust in the clock.
Download or read book The Strange Careers of the Jim Crow North written by Brian Purnell and published by NYU Press. This book was released on 2019-04-23 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Did American racism originate in the liberal North? An inquiry into the system of institutionalized racism created by Northern Jim Crow Jim Crow was not a regional sickness, it was a national cancer. Even at the high point of twentieth century liberalism in the North, Jim Crow racism hid in plain sight. Perpetuated by colorblind arguments about “cultures of poverty,” policies focused more on black criminality than black equality. Procedures that diverted resources in education, housing, and jobs away from poor black people turned ghettos and prisons into social pandemics. Americans in the North made this history. They tried to unmake it, too. Liberalism, rather than lighting the way to vanquish the darkness of the Jim Crow North gave racism new and complex places to hide. The twelve original essays in this anthology unveil Jim Crow’s many strange careers in the North. They accomplish two goals: first, they show how the Jim Crow North worked as a system to maintain social, economic, and political inequality in the nation’s most liberal places; and second, they chronicle how activists worked to undo the legal, economic, and social inequities born of Northern Jim Crow policies, practices, and ideas. The book ultimately dispels the myth that the South was the birthplace of American racism, and presents a compelling argument that American racism actually originated in the North.
Download or read book Yale Law School and the Sixties written by Laura Kalman and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.
Download or read book Brown v Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Download or read book Beyond All Reason written by Daniel A. Farber and published by Oxford University Press. This book was released on 1997-10-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Would you want to be operated on by a surgeon trained at a medical school that did not evaluate its students? Would you want to fly in a plane designed by people convinced that the laws of physics are socially constructed? Would you want to be tried by a legal system indifferent to the distinction between fact and fiction? These questions may seem absurd, but these are theories being seriously advanced by radical multiculturalists that force us to ask them. These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivity are merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authors critically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the very goals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes. If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much "validity" as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferences for legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitful discussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government control of hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time.
Download or read book Right Star Rising A New Politics 1974 1980 written by Laura Kalman and published by W. W. Norton & Company. This book was released on 2010-06-28 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tells the history of the Ford-Carter years, discusses the relevance of the period's politics on today's issues, and explains its shaping of the current political environment.
Download or read book Abe Fortas a Biography written by Laura Kalman and published by Yale University Press. This book was released on 1990-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engrossing intellectual biography... Kalman has set forth the bright and the dark sides of Abe Fortas in a well written, thoughtful biography that is a significant contribution to the literature on recent American history.
Download or read book Carl Schmitt s Critique of Liberalism written by John P. McCormick and published by Cambridge University Press. This book was released on 1997 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in-depth critical appraisal in English of the political, legal, and cultural writings of Carl Schmitt, perhaps this century's most brilliant critic of liberalism. It offers an assessment of this most sophisticated of fascist theorists without attempting either to apologise for or demonise him. Schmitt's Weimar writings confront the role of technology as it finds expression through the principles and practices of liberalism. Contemporary political conditions such as disaffection with liberalism and the rise of extremist political organizations have rendered Schmitt's work both relevant and insightful. John McCormick examines why technology becomes a rallying cry for both right- and left-wing intellectuals at times when liberalism appears anachronistic, and shows the continuities between Weimar's ideological debates and those of our own age.
Download or read book Work s Intimacy written by Melissa Gregg and published by John Wiley & Sons. This book was released on 2013-04-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a long-overdue account of online technology and its impact on the work and lifestyles of professional employees. It moves between the offices and homes of workers in the knew "knowledge" economy to provide intimate insight into the personal, family, and wider social tensions emerging in today’s rapidly changing work environment. Drawing on her extensive research, Gregg shows that new media technologies encourage and exacerbate an older tendency among salaried professionals to put work at the heart of daily concerns, often at the expense of other sources of intimacy and fulfillment. New media technologies from mobile phones to laptops and tablet computers, have been marketed as devices that give us the freedom to work where we want, when we want, but little attention has been paid to the consequences of this shift, which has seen work move out of the office and into cafés, trains, living rooms, dining rooms, and bedrooms. This professional "presence bleed" leads to work concerns impinging on the personal lives of employees in new and unforseen ways. This groundbreaking book explores how aspiring and established professionals each try to cope with the unprecedented intimacy of technologically-mediated work, and how its seductions seem poised to triumph over the few remaining relationships that may stand in its way.
Download or read book The Liberal Mind written by Kenneth R. Minogue and published by . This book was released on 2000 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth Minogue offers a brilliant and provocative exploration of liberalism in the Western world today: its roots and its influences, its present state, and its prospects in the new century. The Liberal Mind limns the taxonomy of a way of thinking that constitutes the very consciousness of most people in most Western countries. Kenneth Minogue is Emeritus Professor of Political Science at the University of London. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Download or read book What is Liberalism written by Félix Sardá y Salvany and published by . This book was released on 1899 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sloterdijk Now written by Stuart Elden and published by Polity. This book was released on 2012 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents the first major engagement with Sloterdijk's thought in the English language, and will provoke new debates across the humanities. The collection ranges across the full breadth of Sloterdijk's work, covering such key topics as cynicism, ressentiment, posthumanism and the role of the public intellectual.
Download or read book The Strange Career of Jim Crow written by C. Vann Woodward and published by Turtleback Books. This book was released on 2001-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third revised edition of Woodward's classic study of the history of the Jim Crow laws and of American race relations in general includes a new chapter on the tragic events that have occurred since 1965, including the Watts riots, the murder of Martin Luther King, white backlash encouraged by black activism, and the shift in national mood resulting from the election of Richard Nixon into the White House. Copyright © Libri GmbH. All rights reserved.
Download or read book Roscoe Pound and Karl Llewellyn written by N. E. H. Hull and published by University of Chicago Press. This book was released on 1997 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.
Download or read book Changing Your Mind written by E. Allan Farnsworth and published by Yale University Press. This book was released on 2000-01-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and discusses the general principles and legal rules pertaining to contractual commitment and regretted decisions.
