Judging Inequality

Judging Inequality
Author: James L. Gibson
Publisher: Russell Sage Foundation
Total Pages: 379
Release: 2021-08-31
Genre: Political Science
ISBN: 0871545039

Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Judging Inequality

Judging Inequality
Author: James L. Gibson
Publisher: Russell Sage Foundation
Total Pages: 379
Release: 2021-08-31
Genre: Political Science
ISBN: 161044907X

Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Judging Inequality

Judging Inequality
Author: Alice M. Leonard
Publisher: Hyperion Books
Total Pages: 188
Release: 1987
Genre: Law
ISBN:

Hijacking the Agenda

Hijacking the Agenda
Author: Christopher Witko
Publisher: Russell Sage Foundation
Total Pages: 384
Release: 2021-05-25
Genre: Political Science
ISBN: 1610449053

Why are the economic interests and priorities of lower- and middle-class Americans so often ignored by the U.S. Congress, while the economic interests of the wealthiest are prioritized, often resulting in policies favorable to their interests? In Hijacking the Agenda, political scientists Christopher Witko, Jana Morgan, Nathan J. Kelly, and Peter K. Enns examine why Congress privileges the concerns of businesses and the wealthy over those of average Americans. They go beyond demonstrating that such economic bias exists to illuminate precisely how and why economic policy is so often skewed in favor of the rich. The authors analyze over 20 years of floor speeches by several hundred members of Congress to examine the influence of campaign contributions on how the national economic agenda is set in Congress. They find that legislators who received more money from business and professional associations were more likely to discuss the deficit and other upper-class priorities, while those who received more money from unions were more likely to discuss issues important to lower- and middle-class constituents, such as economic inequality and wages. This attention imbalance matters because issues discussed in Congress receive more direct legislative action, such as bill introductions and committee hearings. While unions use campaign contributions to push back against wealthy interests, spending by the wealthy dwarfs that of unions. The authors use case studies analyzing financial regulation and the minimum wage to demonstrate how the financial influence of the wealthy enables them to advance their economic agenda. In each case, the authors examine the balance of structural power, or the power that comes from a person or company’s position in the economy, and kinetic power, the power that comes from the ability to mobilize organizational and financial resources in the policy process. The authors show how big business uses its structural power and resources to effect policy change in Congress, as when the financial industry sought deregulation in the late 1990s, resulting in the passage of a bill eviscerating New Deal financial regulations. Likewise, when business interests want to preserve the policy status quo, it uses its power to keep issues off of the agenda, as when inflation eats into the minimum wage and its declining purchasing power leaves low-wage workers in poverty. Although groups representing lower- and middle-class interests, particularly unions, can use their resources to shape policy responses if conditions are right, they lack structural power and suffer significant resource disadvantages. As a result, wealthy interests have the upper hand in shaping the policy process, simply due to their pivotal position in the economy and the resulting perception that policies beneficial to business are beneficial for everyone. Hijacking the Agenda is an illuminating account of the way economic power operates through the congressional agenda and policy process to privilege the interests of the wealthy and marks a major step forward in our understanding of the politics of inequality.

Rousseau's Critique of Inequality

Rousseau's Critique of Inequality
Author: Frederick Neuhouser
Publisher: Cambridge University Press
Total Pages: 249
Release: 2014-06-19
Genre: Philosophy
ISBN: 1139993313

Rousseau's Discourse on the Origin of Inequality among Mankind, published in 1755, is a vastly influential study of the foundations of human society, including the economic inequalities it tends to create. To date, however, there has been little philosophical analysis of the Discourse in the literature. In this book, Frederick Neuhouser offers a rich and incisive philosophical examination of the work. He clarifies Rousseau's arguments as to why social inequalities are so prevalent in human society and why they pose fundamental dangers to human well-being, including unhappiness, loss of freedom, immorality, conflict, and alienation. He also reconstructs Rousseau's four criteria for assessing when inequalities are or are not legitimate, and why. His reconstruction and evaluation of Rousseau's arguments are accessible to both scholars and students, and will be of interest to a broad range of readers including philosophers, political theorists, cultural historians, sociologists, and economists.

Inequality

Inequality
Author: Larry S. Temkin
Publisher: Oxford University Press
Total Pages: 370
Release: 1993-06-24
Genre: Philosophy
ISBN: 0199772185

Equality has long been among the most potent of human ideals and it continues to play a prominent role in political argument. Views about equality inform much of the debate about wide-ranging issues such as racism, sexism, obligations to the poor or handicapped, relations between developed and developing countries, and the justification of competing political, economic, and ideological systems. Temkin begins his illuminating examination with a simple question: when is one situation worse than another regarding inequality? In exploring this question, a new approach to understanding inequality emerges. Temkin goes against the common view that inequality is simple and holistic and argues instead that it is complex, individualistic, and essentially comparative. He presents a new way of thinking about equality and inequality that challenges the assumptions of philosophers, welfare economists, and others, and has significant and far-reaching implications on a practical as well as a theoretical level.

For Whose Protection?

For Whose Protection?
Author: Sally Jane Kenney
Publisher: University of Michigan Press
Total Pages: 392
Release: 1992
Genre: Business & Economics
ISBN: 9780472081769

Probes the complex issues that underlie policies regarding women's reproduction and the workplace

Deprivation, Inequality and Polarization

Deprivation, Inequality and Polarization
Author: Indraneel Dasgupta
Publisher: Springer
Total Pages: 224
Release: 2019-05-22
Genre: Political Science
ISBN: 9811379440

This book offers a collection of original, state-of-the-art essays addressing various aspects of the economic analysis of inequality, deprivation, poverty measurement and social polarization, at both the theoretical and empirical level. Written by leading authorities in the fields of distributional analysis and normative economics, the respective chapters present detailed overviews of cutting-edge literature, as well as stand-alone research. Compiled as a tribute to Satya Ranjan Chakravarty’s lifetime contributions in the fields of normative economics and distributional analysis, it represents an indispensable resource for researchers, policymakers and doctoral students working on issues pertaining to income/wealth distribution, social inclusion and poverty reduction.

Inequality Reexamined

Inequality Reexamined
Author: Amartya Sen
Publisher: Harvard University Press
Total Pages: 228
Release: 1995-03-15
Genre: Law
ISBN: 9780674452565

The noted economist and philosopher Amartya Sen argues that the dictum “all people are created equal” serves largely to deflect attention from the fact that we differ in age, gender, talents, and physical abilities as well as in material advantages and social background. He argues for concentrating on higher and more basic values: individual capabilities and freedom to achieve objectives. By concentrating on the equity and efficiency of social arrangements in promoting freedoms and capabilities of individuals, Sen adds an important new angle to arguments about such vital issues as gender inequalities, welfare policies, affirmative action, and public provision of health care and education.