The Justice Of Contradictions

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

This book critically analyses how politics and power affect the ways that medicine is taught and learned. Challenging society’s historic reluctance to connect the realm of politics to the realm of medicine, Medical Education, Politics and Social Justice: The Contradiction Cure emphasizes the need for medical students to engage with social justice issues, including global health crises resulting from the climate emergency, and the health implications of widening social inequality. Arguing for an increased focus on community-based learning, rather than acute care, this innovative text maps the territory of medicine’s contradictory engagement with politics as a springboard for creative curriculum design. It demonstrates why the socially disempowered - such as political and climate refugees, the homeless, or those without health insurance should be primary subjects of attention for medical students, while exploring how political engagement can be refined, sharp, cultivated and creative, engaging imagination and demanding innovation Exploring how the medical humanities can promote engagement with politics to improve medical education, this book is a ground-breaking and inspiring contribution. It is an essential read for all those with a focus on medical education and medical humanities, as well as medical and healthcare students with an interest in the social determinants of health.

Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post

For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.

The passage of the Americans with Disabilities Act in 1990 was hailed as revolutionary legislation, but in the ensuing years restrictive Supreme Court decisions have prompted accusations that the Court has betrayed the disability rights movement. The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.

Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.

An enraging, necessary look at the private prison system, and a convincing clarion call for prison reform.” —NPR.org New York Times Book Review 10 Best Books of 2018 * One of President Barack Obama’s favorite books of 2018 * Winner of the 2019 J. Anthony Lukas Book Prize * Winner of the Helen Bernstein Book Award for Excellence in Journalism * Winner of the 2019 RFK Book and Journalism Award * A New York Times Notable Book A ground-breaking and brave inside reckoning with the nexus of prison and profit in America: in one Louisiana prison and over the course of our country's history. In 2014, Shane Bauer was hired for $9 an hour to work as an entry-level prison guard at a private prison in Winnfield, Louisiana. An award-winning investigative journalist, he used his real name; there was no meaningful background check. Four months later, his employment came to an abrupt end. But he had seen enough, and in short order he wrote an exposé about his experiences that won a National Magazine Award and became the most-read feature in the history of the magazine Mother Jones. Still, there was much more that he needed to say. In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still. The private prison system is deliberately unaccountable to public scrutiny. Private prisons are not incentivized to tend to the health of their inmates, or to feed them well, or to attract and retain a highly-trained prison staff. Though Bauer befriends some of his colleagues and sympathizes with their plight, the chronic dysfunction of their lives only adds to the prison's sense of chaos. To his horror, Bauer finds himself becoming crueler and more aggressive the longer he works in the prison, and he is far from alone. A blistering indictment of the private prison system, and the powerful forces that drive it, American Prison is a necessary human document about the true face of justice in America.

Why do some U.S. cities like Seattle and Boston impose social exactions and sustainability targets on private investment while others like Las Vegas and Houston offer property tax and fee remissions to business, tolerate environmentally hazardous activities such as oil drilling, and express skepticism even about recycling mandates? The behavior of the former cities appears especially puzzling in view of globalization processes that seemingly offer many more options to mobile capital and expose cities’ vulnerability to private investment decisions. Cultural Contradictions examines the paradoxical finding that some U.S. cities can impose burdensome regulations and extract social and environmental contributions from the private sector despite an apparently weak bargaining position. It usescultural change and the growth of non-traditional subcultures to explain why cities adopt these progressive policies. Responding to the urban policy literature’s tendency to prioritize economic considerations over other kinds of causal factors, the book demonstrates the joint impact of culture and economics in encouraging policy outcomes which emphasize social justice, human rights, and environmental sustainability in large U.S. cities. The book makes several specific contributions to urban literature. First, it argues that cities in which nontraditional cultural beliefs and practices thrive and which are strongly linked to dynamic economic sectors such as information services, professional, scientific and technical services, financial services, and education and health care services are especially likely to adopt progressive policies. It establishes this claim using both statistical analysis of large-N city samples and a closer investigation of four case studies. Second, it reveals how progressive policies are a plausible response to psychological concerns associated with unconventional ways of life and the nature of postindustrial society. Finally, the book indicates how these new ways of life and postindustrial economic sectors grow in mutually reinforcing ways in order to make these policies acceptable to local economic elites and therefore favorable to the city’s future development.