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Advice and Dissent

The Struggle to Shape the Federal Judiciary

Sarah A. Binder and Forrest Maltzman

For better or worse, federal judges in the United States today are asked to resolve some of the nation's most important and contentious public policy issues. Although some hold onto the notion that federal judges are simply neutral arbiters of complex legal questions, the justices who serve on the Supreme Court and the judges who sit on the lower federal bench are in fact crafters of public law. In recent years, for example, the Supreme Court has bolstered the rights of immigrants, endorsed the constitutionality of school vouchers, struck down Washington D.C.'s blanket ban on handgun ownership, and most famously, determined the outcome of the 2000 presidential election. The judiciary now is an active partner in the making of public policy.

Judicial selection has been contentious at numerous junctures in American history, but seldom has it seemed more acrimonious and dysfunctional than in recent years. Fewer than half of recent appellate court nominees have been confirmed, and at times over the past few years, over ten percent of the federal bench has sat vacant. Many nominations linger in the Senate for months, even years. All the while, the judiciary's caseload grows. Advice and Dissent explores the state of the nation's federal judicial selection system —a process beset by deepening partisan polarization, obstructionism, and deterioration of the practice of advice and consent.

Focusing on the selection of judges for the U.S. Courts of Appeals and the U.S. District Courts, the true workhorses of the federal bench, Sarah A. Binder and Forrest Maltzman reconstruct the history and contemporary practice of advice and consent. They identify the political and institutional causes of conflict over judicial selection over the past sixty years, as well as the consequences of such battles over court appointments. Advice and Dissent offers proposals for reforming the institutions of judicial selection, advocating pragmatic reforms that seek to harness the incentives of presidents and senators together. How well lawmakers confront the breakdown in advice and consent will have lasting consequences for the institutional capacity of the U.S. Senate and for the performance of the federal bench.

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Advocating Dignity

Human Rights Mobilizations in Global Politics

By Jean H. Quataert

In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational linkages in international society. The U.N. system is continuously reinvigorated and strengthened by its ties to local individuals, organizations, and groups engaged in day-to-day rights advocacy. This daily work, in turn, is supported by the ongoing activities from above.

Quataert establishes the global contexts for the historical unfolding of human rights advocacy through thorough studies of such cases as the Soviet dissident movement, the mothers' demonstrations in Argentina, the transnational antiapartheid campaign, and coalitions for gender and economic justice. Drawing from many fields of inquiry, including legal studies, philosophy, international relations theory, political science, and gender history, Advocating Dignity is an innovative work that narrates the hopes and bitter struggles that have altered the course of international and domestic relations over the past sixty years.

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The Aesthetics of Gyorgy Lukacs

Bela Kiralyfalvi

This book-length treatment of György Lukács' major achievement, his Marxist aesthetic theories. Working from the thirty-one volumes of Lukács’ works and twelve separately published essays, speeches, and interviews, Bela Kiralyfalvi provides a full and systematic analysis for English-speaking readers.

Following an introductory chapter on Lukács' philosophical development, the book concentrates on the coherent Marxist aesthetics that became the basis for his mature literary criticism. The study includes an examination of Lukács' Marxist philosophical premises; his theory of the origin of art and the relationship of art to life, science, and religion; and his theory of artistic reflection and realism.

Later chapters treat the concepts of type and totality in Lukács' category of specialty, the distinctions between allegory and symbolism in his theory of the language of art, and Lukács' understanding of aesthetic effect and form and content in art. There is a separate chapter on Lukács' dramatic theory.

This lucid and readable account of Lukács' aesthetic theories will be of special interest to students of literature, aesthetics, and drama. In addition, it will be appreciated by those generally concerned with Marxist theory.

Originally published in 1975.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

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Affirmative Action and Minority Enrollments in Medical and Law Schools

Susan Welch and John Gruhl

Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.

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Affirmative Action for the Future

At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform.

Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants.

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Affirmative Action in Antidiscrimination Law and Policy

An Overview and Synthesis, Second Edition

Provides a comprehensive and even-handed overview of the very contentious subject of affirmative action. Racism, sexism, and ethnic discrimination have long represented a seemingly intractable problem. Affirmative action was conceived as an attack on these ingrained problems, but today it is widely misunderstood. This volume reviews new developments in affirmative action law, policy, and ideological conflict in the areas of employment, education, voting, and housing. The revised edition adds a discussion of age, disability, and sexual-orientation discrimination, providing a truly comprehensive portrait of affirmative action that is informed by history, law, political science, sociology, and economics.

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Afflicting the Comfortable

Journalism and Politics in West Virginia

Thomas F. Stafford

In 1990, the New York Times wrote, "Government corruption was not invented in West Virginia. But there are people who contend that West Virginia officials have done more than their share over the years to develop state-of-the-art techniques in vote theft, contract kickbacks, influence peddling and good old-fashioned bribery, extortion, fraud, tax evasion and outright stealing." While investigating such events as the Invest Right scandal, Thomas Stafford, a former journalist for the Charleston Gazette, would find himself in a very precarious position. As a reporter he felt obligated to tell the whole truth, and he believed in the need to serve the public and those West Virginians who were being abused by a political machine. In Afflicting the Comfortable, Stafford relates such tales of the responsibility of journalism and politics in coordination with scandals that have unsettled the Mountain State over the past few decades. His probing would take him from the halls of Charleston to the center of our nation's ruling elite. Guided by his senses of duty, right, and fairness, he plunged head first into the misdeeds of West Virginia's politicians. His investigations would be the preface to the downfall of a governor and an administration that had robbed the state and the citizens of West Virginia for years.

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Affordable Excellence

The Singapore Healthcare Story

William A. Haseltine

This is the story of the Singapore healthcare system: how it works, how it is financed, its history, where it is going, and what lessons it may hold for national health systems around the world. Singapore ranks sixth in the world in healthcare outcomes, yet spends proportionally less on healthcare than any other high-income country. This is the first book to set out a comprehensive system-level description of healthcare in Singapore, with a view to understanding what can be learned from its unique system design and development path.

The lessons from Singapore will be of interest to those currently planning the future of healthcare in emerging economies, as well as those engaged in the urgent debates on healthcare in the wealthier countries faced with serious long-term challenges in healthcare financing. Policymakers, legislators, public health officials responsible for healthcare systems planning, finance and operations, as well as those working on healthcare issues in universities and think tanks should understand how the Singapore system works to achieve affordable excellence.

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Afghan Endgames

Strategy and Policy Choices for America's Longest War

Hy Rothstein

The United States and its allies have been fighting the Taliban and al-Qaeda in Afghanistan for a decade in a war that either side could still win. While a gradual drawdown has begun, significant numbers of US combat troops will remain in Afghanistan until at least 2014, perhaps longer, depending on the situation on the ground and the outcome of the US presidential election in 2012. Given the realities of the Taliban's persistence and the desire of US policymakers -- and the public -- to find a way out, what can and should be the goals of the US and its allies in Afghanistan?

Afghan Endgames brings together some of the finest minds in the fields of history, strategy, anthropology, ethics, and mass communications to provide a clear, balanced, and comprehensive assessment of the alternatives for restoring peace and stability to Afghanistan. Presenting a range of options -- from immediate withdrawal of all coalition forces to the maintenance of an open-ended, but greatly reduced military presence -- the contributors weigh the many costs, risks, and benefits of each alternative.

This important book boldly pursues several strands of thought suggesting that a strong, legitimate central government is far from likely to emerge in Kabul; that fewer coalition forces, used in creative ways, may have better effects on the ground than a larger, more conventional presence; and that, even though Pakistan should not be pushed too hard, so as to avoid sparking social chaos there, Afghanistan's other neighbors can and should be encouraged to become more actively involved. The volume's editors conclude that while there may never be complete peace in Afghanistan, a self-sustaining security system able to restore order swiftly in the wake of violence is attainable.

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Afghan Lessons

Culture, Diplomacy, and Counterinsurgency

translated by Angela Arnone. Fernando Gentilini

Fernando Gentilini served nearly two years as the civilian representative of NATO in Afghanistan, running a counterinsurgency campaign in the wartorn nation. Afghan Lessons is the fascinating story of his mission, a firsthand view of Afghanistan through a kaleidoscope. He explores Afghan history, literature, tradition, and culture to understand some of the most basic questions of Western involvement: What is the purpose? What does an international presence mean, and how can it help?

Highlights from Afghan Lessons

"This is a book about different worlds, different realities. The reality of everyday life in an unreal world. People that need to be looked after, jobs that need to be done, a country that needs to be restored, all from within the necessary confines of an armed camp. And this in the middle of another reality, which we do not understand, full of things forgotten under decades of war. The keys to this reality lie in the past, perhaps lost." —from the Foreword by Robert Cooper

"To tempt me to explore their country, the Afghans kept repeating that there were three different Afghanistans: 'The first is the one you Westerners imagine; another coincides with the city of Kabul; the third is the country of remote provinces, far away from the cities, and of the three, this is the only real Afghanistan.'"

"'There can be no development without security and no security without development.' ... Everyone said it over and over again, both the civilians and the military, but depending on whether it was said by the former or the latter, the emphasis was placed on the first or second part of the slogan. In all honesty this seemingly obvious concept concealed two contrasting ways of seeing things."

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