Uninhibited Robust and Wide Open

Author: Lee C. Bollinger
Publisher: Oxford University Press
ISBN: 9780199745883
Format: PDF, ePub
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Lee Bollinger is one of our foremost experts on the First Amendment--both an erudite scholar and elegant advocate. In this sweeping account, he explores the troubled history of a free press in America and looks toward the challenges ahead. The first amendment guaranteed freedom of the press in seemingly clear terms. However, over the course of American history, Bollinger notes, the idea of press freedom has evolved, in response to social, political, technological, and legal changes. It was not until the twentieth century that freedom of the press came to be understood as guaranteeing an "uninhibited, robust and wide-open" public discourse. But even during the twentieth century, government continually tried to erect barriers: the sedition laws of World War One, the use of libel law, the Pentagon Papers case, and efforts to limit press access to information. Bollinger utilizes this history to explore the meaning of freedom of the press in our globalized, internet-dominated era. As he shows, we have now entered uncharted territory. What does press freedom mean when our news outlets can instantaneously disseminate information throughout the world? When foreign media have immediate access to the American market? Bollinger stresses that even though the law will surely evolve in the coming years, we must maintain our commitment to a press that is "uninhibited, robust, and wide-open," not only in America but everywhere. Given the new ability of foreign media to reach the United States via the Internet and vice versa, it is in America's national interest for press freedoms to expand overseas. While protecting the freedom of the press at home remains a crucial task, the next challenge is to help create a global public forum suitable for an increasingly interconnected world. Part of Oxford's landmark Inalienable Rights series, this book will set the agenda for how we think about the press in the twenty-first century.

Images of a Free Press

Author: Lee C. Bollinger
Publisher: University of Chicago Press
ISBN: 9780226063492
Format: PDF, Kindle
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Rich in historical detail, Images of a Free Press is an elegant, powerful guide to the evolution of our modern conception of freedom of the press, which finds expression in laws that protect print journalism and regulate broadcast media. Bollinger argues that this distinction remains meaningful but he advocates a more sophisticated approach to issues of privacy, access, and technology. Providing concrete guidelines for improving media laws, Images of a Free Press is a vital First Amendment primer for lawyers, media professionals, and critics, and all concerned citizens. "Images of a Free Press is the natural sequel to Lee Bollinger's first book, The Tolerant Society, and is destined to become a standard in first amendment scholarship."—Rodney A. Smolla, Constitutional Commentary "Revisiting themes he first explored some fifteen years ago, Bollinger now adds further to our understanding of the complex relationship among the First Amendment, the Supreme Court, the public, the press and the democratic process. This is a work of insight, sensitivity, and power. Bollinger has a profound knowledge of and a deep affection for his subject, and it shows."—Geoffrey R. Stone, Michigan Law Review "This thoughtful, understated book remains a call to come join the town meeting and hammer out some new rules of order. Scholars and citizens alike could do well to read Bollinger's book and accept his challenge."—Yale Law Review "For a number of years, Lee Bollinger has argued that the First Amendment has been applied differently to the print media than it has been to the broadcast media. In his new book, Images of a Free Press, Bollinger provides a concise, persuasive account of why this is so—and why it ought to be so."—Columbia Law Review

More Essential Than Ever

Author: Stephen J. Schulhofer
Publisher: Oxford University Press
ISBN: 0195392124
Format: PDF, ePub, Mobi
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In this book, Stephen Shulhofer explores the changes wrought by the new surveillance regime through the lens of the Fourth Amendment's meaning and history. companies and the state use to scrutinize us, this book makes a powerful case for the importance of the Fourth Amendment in protecting both privacy rights and civil liberties in our surveillance age.

Consent of the Networked

Author: Rebecca MacKinnon
Publisher: Basic Books (AZ)
ISBN: 0465063756
Format: PDF, ePub, Docs
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The future of your freedom depends on whether you assert your rights within the digital spaces you inhabit. But, as corporations and countries square off onÑand overÑthe internet, the likely losers are us.

Out of Range

Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 9780199813711
Format: PDF, ePub, Mobi
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Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

First of the Year 2010

Author: Benj DeMott
Publisher: Routledge
ISBN: 1351519700
Format: PDF, Mobi
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This is the third volume of the First of the Year annual series. Contributors such as Armond White, Philip Levine, Charles O'Brien, Uri Avnery, Donna Gaines, Tom Smucker, Scott Spencer, and Amiri Baraka are back (and fractious as ever). And First's family of writers keeps growing. This volume includes vital new voices such as A. B. Spellman, Bernard Avishai, Rudolph Wurlitzer, and Diane di Prima.First never shies away from hot button issues?Fredric Smoler, for example, offers a definitive consideration of America's recent history with torture. But First's approach to current political firestorms is often marked by a cool sense of the past. History is always in the mix when First writers examine the roots of Glenn Beck and Sarah Palin and contemporary right-wing pundits who falsely claim the mantle of Whittaker Chambers. First's refusal to toe "correct" lines is apparent in Benj DeMott's reconsideration of Chambers' work.The new volume is also marked by its cultivation of radical imaginations. The ideas of the Situationists and Cornelius Castoriadis are revived. A young historian, David Waldstreicher, recovers the radical, useable past in the 60s work of Staughton Lynd. Amiri Baraka evokes the felt quality of Jesse Jackson's 1988 campaign and another poet remembers (in verse) long-forgotten, extreme political acts of American Renaissance poets.A recent review of First of the Year: 2009 used a phrase of Kenneth Burke's?"perspective by incongruity"?to make sense of the method that shaped it. First is committed to thought-provoking incongruities. Faith that wonder is our best teacher informs this volume. First's music writing provides a high-low soundtrack of surprise. Beyond the section on Michael Jackson, there are serious responses to John Coltrane and Bach, World Saxophone Quartet and Mariah Carey, Sonny Rollins and Willie Mitchell. First's message is in

Eternally Vigilant

Author: Lee C. Bollinger
Publisher: University of Chicago Press
ISBN: 9780226063539
Format: PDF, ePub
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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson III
Publisher: Oxford University Press
ISBN: 0199930074
Format: PDF, ePub, Docs
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American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

The Twilight of Human Rights Law

Author: Eric Posner
Publisher: Oxford University Press
ISBN: 0199313466
Format: PDF, ePub, Mobi
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Countries solemnly intone their commitment to human rights, and they ratify endless international treaties and conventions designed to signal that commitment. At the same time, there has been no marked decrease in human rights violations, even as the language of human rights has become the dominant mode of international moral criticism. Well-known violators like Libya, Saudi Arabia, and Sudan have sat on the U.N. Council on Human Rights. But it's not just the usual suspects that flagrantly disregard the treaties. Brazil pursues extrajudicial killings. South Africa employs violence against protestors. India tolerate child labor and slavery. The United States tortures. In The Twilight of Human Rights Law--the newest addition to Oxford's highly acclaimed Inalienable Rights series edited by Geoffrey Stone--the eminent legal scholar Eric A. Posner argues that purposefully unenforceable human rights treaties are at the heart of the world's failure to address human rights violations. Because countries fundamentally disagree about what the public good requires and how governments should allocate limited resources in order to advance it, they have established a regime that gives them maximum flexibility--paradoxically characterized by a huge number of vague human rights that encompass nearly all human activity, along with weak enforcement machinery that churns out new rights but cannot enforce any of them. Posner looks to the foreign aid model instead, contending that we should judge compliance by comprehensive, concrete metrics like poverty reduction, instead of relying on ambiguous, weak, and easily manipulated checklists of specific rights. With a powerful thesis, a concise overview of the major developments in international human rights law, and discussions of recent international human rights-related controversies, The Twilight of Human Rights Law is an indispensable contribution to this important area of international law from a leading scholar in the field.

More Essential than Ever

Author: Stephen J. Schulhofer
Publisher: Oxford University Press
ISBN: 0199752990
Format: PDF
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When the states ratified the Bill of Rights in the eighteenth century, the Fourth Amendment seemed straightforward. It requires that government respect the right of citizens to be "secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Of course, "papers and effects" are now digital and thus more vulnerable to government spying. But the biggest threat may be our own weakening resolve to preserve our privacy. In this potent new volume in Oxford's Inalienable Rights series, legal expert Stephen J. Schulhofer argues that the Fourth Amendment remains, as the title says, more essential than ever. From data-mining to airport body scans, drug testing and aggressive police patrolling on the streets, privacy is under assault as never before--and we're simply getting used to it. But the trend is threatening the pillars of democracy itself, Schulhofer maintains. "Government surveillance may not worry the average citizen who reads best-selling books, practices a widely accepted religion, and adheres to middle-of-the-road political views," he writes. But surveillance weighs on minorities, dissenters, and unorthodox thinkers, "chilling their freedom to read what they choose, to say what they think, and to associate with others who are like-minded." All of us are affected, he adds. "When unrestricted search and surveillance powers chill speech and religion, inhibit gossip and dampen creativity, they undermine politics and impoverish social life for everyone." Schulhofer offers a rich account of the history and nuances of Fourth Amendment protections, as he examines such issues as street stops, racial profiling, electronic surveillance, data aggregation, and the demands of national security. The Fourth Amendment, he reminds us, explicitly authorizes invasions of privacy--but it requires justification and accountability, requirements that reconcile public safety with liberty. Combining a detailed knowledge of specific cases with a deep grasp of Constitutional law, More Essential than Ever offers a sophisticated and thoughtful perspective on this important debate.