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The Law as it Could Be

by Owen Fiss

The Law As It Could Be gathers Fiss's most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece--some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.

A War Like No Other

by Owen Fiss Trevor Sutton

Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up.The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantánamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.

A Way Out

by Joshua Cohen Owen Fiss Jefferson Decker Joel Rogers

After decades of hand-wringing and well-intentioned efforts to improve inner cities, ghettos remain places of degrading poverty with few jobs, much crime, failing schools, and dilapidated housing. Stepping around fruitless arguments over whether or not ghettos are dysfunctional communities that exacerbate poverty, and beyond modest proposals to ameliorate their problems, one of America's leading experts on civil rights gives us a stunning but commonsensical solution: give residents the means to leave.Inner cities, writes Owen Fiss, are structures of subordination. The only way to end the poverty they transmit across generations is to help people move out of them--and into neighborhoods with higher employment rates and decent schools. Based on programs tried successfully in Chicago and elsewhere, Fiss's proposal is for a provocative national policy initiative that would give inner-city residents rent vouchers so they can move to better neighborhoods. This would end at last the informal segregation, by race and income, of our metropolitan regions. Given the government's role in creating and maintaining segregation, Fiss argues, justice demands no less than such sweeping federal action.To sample the heated controversy that Fiss's ideas will ignite, the book includes ten responses from scholars, journalists, and practicing lawyers. Some endorse Fiss's proposal in general terms but take issue with particulars. Others concur with his diagnosis of the problem but argue that his policy response is wrongheaded. Still others accuse Fiss of underestimating the internal strength of inner-city communities as well as the hostility of white suburbs.Fiss's bold views should set off a debate that will help shape urban social policy into the foreseeable future. It is indispensable reading for anyone interested in social justice, domestic policy, or the fate of our cities.

A Way Out

by Owen Fiss

After decades of hand-wringing and well-intentioned efforts to improve inner cities, ghettos remain places of degrading poverty with few jobs, much crime, failing schools, and dilapidated housing. Stepping around fruitless arguments over whether or not ghettos are dysfunctional communities that exacerbate poverty, and beyond modest proposals to ameliorate their problems, one of America's leading experts on civil rights gives us a stunning but commonsensical solution: give residents the means to leave. Inner cities, writes Owen Fiss, are structures of subordination. The only way to end the poverty they transmit across generations is to help people move out of them--and into neighborhoods with higher employment rates and decent schools. Based on programs tried successfully in Chicago and elsewhere, Fiss's proposal is for a provocative national policy initiative that would give inner-city residents rent vouchers so they can move to better neighborhoods. This would end at last the informal segregation, by race and income, of our metropolitan regions. Given the government's role in creating and maintaining segregation, Fiss argues, justice demands no less than such sweeping federal action. To sample the heated controversy that Fiss's ideas will ignite, the book includes ten responses from scholars, journalists, and practicing lawyers. Some endorse Fiss's proposal in general terms but take issue with particulars. Others concur with his diagnosis of the problem but argue that his policy response is wrongheaded. Still others accuse Fiss of underestimating the internal strength of inner-city communities as well as the hostility of white suburbs. Fiss's bold views should set off a debate that will help shape urban social policy into the foreseeable future. It is indispensable reading for anyone interested in social justice, domestic policy, or the fate of our cities.

Showing 1 through 4 of 4 results

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