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Book Review: ’The Age of Entitlement’ Falls Short | National Review
Response to The Age of Entitlement, by Christopher Caldwell. Especially the argument that the 1964 Civil Rights Act created a new constitution.
civil-rights  affirmative-action  racism  history  law  constitution 
15 days ago by tsuomela
The Long Arm of the Law | Lyle Jeremy Rubin
"Badges without Borders: How Global Counterinsurgency Transformed American Policing by Stuart Schrader. University of California Press, 416 pages."
book  review  foreign-policy  police  law  surveillance 
25 days ago by tsuomela
Robert Bork Was the Judicial Activist He Warned Us About | The American Conservative
"His re-interpretation of predatory pricing and antitrust laws set the stage for a generation of harmful mergers."
judicial  activism  law  monopoly 
11 weeks ago by tsuomela
Feasting on Precarity - Los Angeles Review of Books
"Uberland How Algorithms Are Rewriting the Rules of Work By Alex Rosenblat Published 10.23.2018 University of California Press 296 Pages"
book  review  work  labor  technology  arbitrage  regulation  rhetoric  law 
january 2019 by tsuomela
CAP API | Caselaw Access Project
"The Caselaw Access Project API, also known as CAPAPI, serves all official US court cases published in books from 1658 to 2018. The collection includes over six million cases scanned from the Harvard Law Library shelves."
data-sources  law  libraries  database  api 
october 2018 by tsuomela
The Recent Unpleasantness: Understanding the Cycles of Constitutional Time by Jack M. Balkin :: SSRN
"This article, originally given as the 2017 Addison C. Harris Lecture at Indiana University, analyzes recent events in terms of three great cycles of change in American constitutional history. The first is the cycle of the rise and fall of political regimes. The second is the cycle of polarization and depolarization. The third is the cycle of the decay and renewal of republican government--the cycle of constitutional rot. Each of these cycles operates on a different time scale. Their interaction generates "constitutional time." Many commentators worry that the United States is in a period of constitutional crisis, or that American democracy is doomed. These fears, although understandable, are overstated. America is not in a constitutional crisis, although it is suffering from a fairly severe case of constitutional rot, connected to rising polarization and economic inequality. Our current difficulties are a temporary condition. They stem from the fact that the Reagan regime that has structured American politics since the 1980s is dying, but a new regime has yet to be born. This is a difficult, agonizing, and humbling transition; and its difficulty is enhanced by the fact that, unlike the last transition, it occurs at the peak of a cycle of polarization and at the low point of a cycle of constitutional rot. For that reason, the transition to a new political regime is likely to be especially difficult. But we will get through it. And when we get through it, about five to ten years from now, American politics will look quite different. Political renewal is hardly foreordained: it will require persistence and political effort. The point of this lecture is to offer a bit of hope in difficult times. If people misunderstand our situation, and conclude that American decline is inevitable, they may unwittingly help to make that fate a reality; but if they understand the cycles of constitutional time, they may come to believe that their democracy can be redeemed, and do their part to realize that worthy goal. "
political-science  law  constitution  history  american-studies 
august 2018 by tsuomela
The 200-Year Legal Struggle That Led to Citizens United | The New Republic
"WE THE CORPORATIONS: HOW AMERICAN BUSINESSES WON THEIR CIVIL RIGHTS by Adam Winkler Liveright, 496 pp., $28.95"
corporation  law  people  supreme-court  book  review 
june 2018 by tsuomela
Limitless Worker Surveillance by Ifeoma Ajunwa, Kate Crawford, Jason Schultz :: SSRN
"From the Pinkerton private detectives of the 1850s, to the closed-circuit cameras and email monitoring of the 1990s, to contemporary apps that quantify the productivity of workers, American employers have increasingly sought to track the activities of their employees. Along with economic and technological limits, the law has always been presumed as a constraint on these surveillance activities. Recently, technological advancements in several fields – data analytics, communications capture, mobile device design, DNA testing, and biometrics – have dramatically expanded capacities for worker surveillance both on and off the job. At the same time, the cost of many forms of surveillance has dropped significantly, while new technologies make the surveillance of workers even more convenient and accessible. This leaves the law as the last meaningful avenue to delineate boundaries for worker surveillance. In this Article, we examine the effectiveness of the law as a check on worker surveillance, given recent technological innovations. In particular, we focus on two popular trends in worker tracking – productivity apps and worker wellness programs – to argue that current legal constraints are insufficient and may leave American workers at the mercy of 24/7 employer monitoring. We then propose a new comprehensive framework for worker privacy protections that should withstand current and future trends."
law  surveillance  work  privacy 
march 2016 by tsuomela
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