Why are some constitutions amended more frequently than others? Studies of amendment rates have been plentiful but have not generated much theoretical or empirical consensus because the extant literature rests rest on a strong and unwarranted assumption that social capacity to navigate amendment rules is constant across space and time. By contrast, the authors of this Element argue that this social capacity varies by civic connectedness. Drawing upon previous studies that find social capit...

On this day in history. . .something amazing happened in the Christian world. Find out just what with This Day in Christian History. Every day for an entire year, you’ll find a brief, easy-to-read highlight of church history, from the birth of modern Pentecostalism (January 1, 1901) to the first Salvation Army meeting (July 5, 1865) to one of the presumed endings of the world (December 31, 999). You’ll see the amazing panorama of Christian belief and practice over the course of th...

The New York Times–bestselling coauthor of Nudge reveals the appeal—and the danger—of conformity: "Fascinating and surprising revelations." — GQWe live in an era of tribalism, polarization, and intense social division—separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of li...

Democracy requires a connection to the 'will of the people'. What does that mean in a world of 'fake news', relentless advocacy, dialogue mostly among the like-minded, and massive spending to manipulate public opinion? What kind of opinion can the public have under such conditions? What would democracy be like if the people were really thinking in depth about the policies they must live with? If they really 'deliberated' with good information about their political choices? This book argues...

Freedom of speech is one of our greatest legal rights and Cass Sunstein is one of our greatest legal theorists. This book is a must read for anyone who wants to think seriously about the free speech issues facing this generation.--Akhil Amar, Southmayd Professor, Yale Law SchoolThis is an important book. Beautifully clear and carefully argued, Sunstein's contribution reaches well beyond the confines of academic debate. It will be of interest to any citizen concerned a...

In the last half-century, the Supreme Court of Canada has undergone major upheaval. The most drastic change occurred with the adoption of the Charter of Rights in 1982, which substantially increased the Court's role in resolving controversial political and social issues. The Transformation of the Supreme Court of Canada examines the impact of institutional changes on the proceedings and decisions of the Court from 1970 to 2003.The first book on the Supreme Court to incorpo...

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comp...

The idea for this book arose out of a little known political scandal, known as "phonegate", that occurred in Minnesota in the early 1990's in which a number of legislators were found to have been abusing their phone privileges. The hubris of the legislature in response to the discovery of this abuse not only made me rather angry, but, since I had been called for jury duty the year before, gave me the idea that service in the legislature ought to be a duty of citizenship like jury duty. Alt...

In our modern world of propaganda, social media enclaves, misinformation, and manipulation, the connection between 'the will of the people' and political action has broken down, political divisions are becoming increasingly intractable, and democracies are growing ever more ungovernable. Democracy is in crisis. In Can Deliberation Cure the Ills of Democracy?, James S. Fishkin argues that deliberative democracy can have surprisingly positive effects on all of these problems and cha...

A revealing and provocative study of the effects of judicial elections on state courts and public perceptions of impartiality.In Electing Judges, leading judicial politics scholar James L. Gibson responds to the growing concern that the realities of campaigning are undermining judicial independence and even the rule of law. Armed with empirical evidence, Gibson offers the most systematic and comprehensive study to date of the impact of judicial elections o...

“The best kind of scholarship—deeply researched and immensely useful. Wherever you stand on issues of free speech and academic freedom, you will learn from this book.” —Michael Roth, President of Wesleyan University and author of Safe Enough SpacesA definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases.Is academic freedom a First Amendment right? ...

There has been much written on the impact of international treaties like the Trade Related Aspects on Intellectual Property (TRIPS), which laments the failure of patent systems to respond to the interests of a diverse set of non-profit, public interest, and non-corporate entities. This book examines how patent law can accommodate what James Boyle terms a "politics", that is, "a conceptual map of issues, a rough working model of costs and benefits, and a functioning coalition-politics of gr...