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With Liberty and Justice for Some: A Critique of the Conservative Supreme Court
 
 
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With Liberty and Justice for Some: A Critique of the Conservative Supreme Court [Hardcover]

David Kairys (Author)

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Book Description

1565840712 978-1565840713 May 1, 1993 1st
The conservative majority that has dominated the Supreme Court for over a decade was engineered by presidents who claimed to have depoliticized the courts and promoted judicial restraint. Yet the result has been a steady stream of opinions that limit individual rights far more than is commonly understood. In With Liberty and Justice for Some, David Kairys presents a fascinating analysis of the changes brought about by the Reagan-Bush courts, changes that will long outlive those administrations.

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Editorial Reviews

From Publishers Weekly

In this detailed but accessible analysis of several recent major civil rights and civil liberties cases, lawyer and editor Kairys ( The Politics of Law: A Progressive Critique ) criticizes not only conservative justices but also liberals who ignore "the decay of democracy in our society and culture." Despite what he calls some "narrowly" pro-free speech decisions, Kairys emphasizes how the Court has restricted speech by allowing bans on leafleting and soliciting funds in places like malls and airports. In a sharp critique of Court decisions weakening affirmative action, he observes that there is no absolute freedom: "All racial progress has meant imposing limits on the freedom and interests of the majority." In an interesting defense of the legal reasoning behind Roe v. Wade , he skewers conservative Justice Antonin Scalia for the tone of his invective against Justice Sandra Day O'Connor. But Kairys considers liberal justices just as selective and inconsistent as conservatives. He suggests that representative democracy be invigorated by reforms such as publicly funded campaigns; however, it is not clear how his sketchy proposals will necessarily achieve his liberal goals.
Copyright 1993 Reed Business Information, Inc. --This text refers to the Paperback edition.

From Library Journal

Kairys's (law, Temple Univ.) treatment of the U.S. Supreme Court focuses on 31 well-known cases in the areas of freedom of expression, political participation, religion, equality, due process, and the right to privacy and reproductive autonomy. His thesis is that the Court, given its domination by judicial activists masquerading as judicial conservatives, has improperly interpreted and applied the Bill of Rights and other critical constitutional provisions. The effect of such judicial behavior, he argues, is not simply legal; more important, is the impact of the Court's work on our polity. The book has its weaknesses, e.g., in definitions of some terms and concepts. But it is a solid piece of work for anyone interested in the contemporary Court.
- Stephen K. Shaw, Northwest Nazarene Coll., Nampa, Id.
Copyright 1993 Reed Business Information, Inc. --This text refers to the Paperback edition.

Product Details


More About the Author

David Kairys is a professor of constitutional law at Temple Law School, a leading civil rights lawyer, and an author of books and commentary on a range of issues. His latest book - Philadelphia Freedom, Memoir of a Civil Rights Lawyer - has received wide acclaim.

Cornel West, Princeton professor and author or Race Matters, says on the back cover of the book: "David Kairys is one of the grand long-distance runners in the struggle for justice in America. His brilliant legal mind and superb lawyerly skills are legendary. This marvelous book is his gift to us!"

Professor Kairys' other books include the leading progressive critique of the law, The Politics of Law (editor and co-author), and With Liberty and Justice for Some.

As a civil rights lawyer, he won the leading race discrimination case against the FBI, won challenges to unrepresentative juries around the country, stopped police sweeps of minority neighborhoods in Philadelphia, and represented Dr. Benjamin Spock in a free speech case before the Supreme Court. In 1971 he co-founded a small civil rights law firm, now Kairys, Rudovsky, Messing & Feinberg. In 1996 he conceived the lawsuits brought by over 40 cities against handgun manufacturers, and his public-nuisance theory has become the major basis for a range of challenges to corporate practices that endanger public health or safety.

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