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              Books in the Inalienable Rights series

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              Total 18 jump to: go ‹ previous12next ›
              Liars: Falsehoods and Free Speech in an Age of Deception

              Liars: Falsehoods and Free Speech in an Age of Deception (Hardback)

              By Sunstein, Cass R.

              • RRP: $44.99
              • $35.99
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              A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people ...are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as fake news. However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.
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              ISBN 9780197545119
              Released NZ 17 May 2021
              Publisher Oxford University Press (S1)
              Interest Age General Audience
              Series Inalienable Rights
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              Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech

              Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech (Hardback)

              By Minow, Martha

              • RRP: $46.99
              • $37.59
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              A detailed argument of how our government has interfered in the direction of America's media landscape that traces major transformations in media since the printing press and charts a path for reform. In The Changing Ecosystem of the News, Martha Minow takes stock of the new medi...a landscape. She focuses on the extent to which our constitutional system is to blame for the current parlous state of affairs and on our government's responsibilities for alleviating the problem. As Minow shows, the First Amendment of the US Constitution assumes the existence and durability of a private industry. Although the First Amendment does not govern the conduct of entirely private enterprises, nothing in the Constitution forecloses government action to regulate concentrated economic power, to require disclosure of who is financing communications, or to support news initiatives where there are market failures. Moreover, the federal government has contributed financial resources, laws, and regulations to develop and shape media in the United States. Thus, Minow argues that the transformation of media from printing presses to the internet was shaped by deliberate government policies that influenced the direction of private enterprise. In short, the government has crafted the direction and contours of America's media ecosystem. Building upon this basic argument, Minow outlines an array of reforms, including a new fairness doctrine, regulating digital platforms as public utilities, using antitrust authority to regulate the media, policing fraud, and more robust funding of public media. As she stresses, such reforms are not merely plausible ideas; they are the kinds of initiatives needed if the First Amendment guarantee of freedom of the press continues to hold meaning in the twenty-first century.
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              ISBN 9780190948412
              Released NZ 26 Feb 2021
              Publisher Oxford University Press (S1)
              Interest Age General Audience
              Series Inalienable Rights
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              Democracy and Equality: The Enduring Constitutional Vision of the Warren Court

              Democracy and Equality: The Enduring Constitutional Vision of the Warren Court (Hardback)

              By Stone, Geoffrey R.; Strauss, David A.

              • RRP: $40.99
              • $40.99
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              From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of ci...tizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describer the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
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              ISBN 9780190938208
              Released NZ 16 Jan 2020
              Publisher Oxford University Press (S3)
              Interest Age General Audience
              Series Inalienable Rights
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              On Constitutional Disobedience
               

              On Constitutional Disobedience (Hardback)

              By Seidman, Louis Michael

              • RRP: $60.99
              • $60.99
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              In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the ...primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.
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              ISBN 9780199898275
              Released NZ 28 Mar 2013
              Publisher Oxford University Press (S1)
              Interest Age General Audience
              Series Inalienable Rights
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              The Living Constitution

              The Living Constitution (Hardback)

              By Strauss, David A.

              • RRP: $37.99
              • $30.39
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              In The Living Constitution (part of the Inalienable Rights book series) acclaimed constitutional scholar David Strauss argues that these two approaches are reconcilable.

              ISBN 9780195377279
              Released NZ 25 May 2010
              Publisher Oxford University Press (S1)
              Interest Age 19+ years
              Series Inalienable Rights
              Availability
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              More Essential than Ever: The Fourth Amendment in the Twenty First Century
               

              More Essential than Ever: The Fourth Amendment in the Twenty First Century (Hardback)

              By Schulhofer, Stephen J.

              • RRP: $60.99
              • $60.99
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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.
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              ISBN 9780195392128
              Released NZ 15 Jul 2012
              Publisher Oxford University Press (S3)
              Interest Age General Audience
              Series Inalienable Rights
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              The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age

              The Future of Foreign Intelligence: Privacy and Surveillance in a Digital Age (Hardback)

              By Donohue, Laura K.

              • RRP: $56.99
              • $45.59
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              Renowned national security law scholar Laura Donohue traces the evolution of privacy law in the digital age, and pairs that account with a history of the growth of the national security state's intelligence apparatus over the last two decades.

              ISBN 9780190235383
              Released NZ 22 Feb 2016
              Publisher Oxford University Press (S1)
              Interest Age 19+ years
              Series Inalienable Rights
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              Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes

              Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (Hardback)

              By Sunstein, Cass R.

              • RRP: $42.99
              • $42.99
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              The leading Personae are Heroes, Soldiers, Minimalists, and Mutes -- Chapter one.

              ISBN 9780190222673
              Released NZ 26 Nov 2015
              Publisher Oxford University Press (S3)
              Interest Age 19+ years
              Series Inalienable Rights
              Availability
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              Out of Range: Why the Constitution Can't End the Battle Over Guns
               

              Out of Range: Why the Constitution Can't End the Battle Over Guns (Hardback)

              By Tushnet, Mark V.

              • RRP: $72.99
              • $39.16
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              One of the nation's leading legal scholars takes a calm, unbiased look at the bitter debate over the Second Amendment that exists between the National Rifle Association and gun-control groups.

              ISBN 9780195304244
              Released NZ 1 Sep 2007
              Publisher Oxford University Press
              Interest Age General Audience
              Series Inalienable Rights
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              From Disgust to Humanity: Sexual Orientation and Constitutional Law
                

              From Disgust to Humanity: Sexual Orientation and Constitutional Law (Hardback)

              By Nussbaum, Martha C.

              • RRP: $80.50
              • $43.09
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              A distinguished professor of law and philosophy at the University of Chicago, a prolific writer and award-winning thinker, Martha Nussbaum stands as one of our foremost authorities on law, justice, freedom, morality, and emotion. In From Disgust to Humanity, Nussbaum aims her con...siderable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust. Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage. Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent wisdom, steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen. In its place she offers a politics of humanity, based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to public sex. Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nus
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              ISBN 9780195305319
              Released NZ 1 Feb 2010
              Publisher Oxford University Press
              Interest Age General Audience
              Series Inalienable Rights
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              Total 18 jump to: go ‹ previous12next ›

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