Choice's Outstanding Academic Titles 2006

Political Science, United States Politics Top

List of Tables ix Preface xi Acknowledgments xiii Chapter 1: Thinking about Judicial Behavior 1 Models of Judicial Behavior 5 Shared Assumptions: The Judge as Mr. Spock 9 Limitations of the Dominant Models 19 Audience as a Perspective 21 Chapter 2: Judging as Self-Presentation 25 People and Their Audiences 25 Judicial Self-Presentation: A First Look 32 Audiences and Judicial Behavior 43 Chapter 3: Court Colleagues, the Public, and the Other Branches of Government 50 Court Colleagues 50 The General Public 60 The Other Branches 72 Conclusions 85 Chapter 4: Social and Professional Groups 88 Social Groups 88 Professional Groups: Lawyers and Judges 97 Conclusions 116 Chapter 5: Policy Groups, the News Media, and the Greenhouse Effect 118 Policy Groups 118 The News Media 135 A Greenhouse Effect? 139 Conclusions 155 Appendix: Procedures for Analysis of Voting Change by Supreme Court Justices 155 Chapter 6: Implications for the Study of Judicial Behavior 158 Motivational Bases for the Dominant Models 158 Departures from the Dominant Models 162 Probing the Impact of Judicial Audiences 171 Some Final Thoughts 174 References 177 Name Index 221 Subject and Case Index 229

It is common knowledge that televised political ads are meant to appeal to voters' emotions, yet little is known about how or if these tactics actually work. Ted Brader's innovative book is the first scientific study to examine the effects that these emotional appeals in political advertising have on voter decision-making.nbsp; At the heart of this book are ingenious experiments, conducted by Brader during an election, with truly eye-opening results that upset conventional wisdom. They show, for example, that simply changing the music or imagery of ads while retaining the same text provokes completely different responses. He reveals that politically informed citizens are more easily manipulated by emotional appeals than less-involved citizens and that positive "enthusiasm ads" are in fact more polarizing than negative "fear ads." Black-and-white video images are ten times more likely to signal an appeal to fear or anger than one of enthusiasm or pride, and the emotional appeal triumphs over the logical appeal in nearly three-quarters of all political ads. Brader backs up these surprising findings with an unprecedented survey of emotional appeals in contemporary political campaigns. Politicians do set out to campaign for the hearts and minds of voters, and, for better or for worse, it is primarily through hearts that minds are won. Campaigning for Hearts and Minds will be indispensable for anyone wishing to understand how American politics is influenced by advertising today.

Explores Americans' decreasing involvement in their own public affairs, by documenting recent trends in civic engagement, showing how those trends have been shaped by political institutions and public policies, and recommending ways to improve civic engagement.

A tale more riveting than fiction, Storming the Court is the true story of idealistic law students who challenged the United States government in a battle for freedom and human rights that went all the way to the Supreme Court -- and resonates today more than ever. In 1992, three hundred innocent men, women, and children who had qualified for political asylum in the United States were forced into a detention camp at the American naval base at Guantánamo Bay, Cuba, and told they might never be freed. Storming the Court takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantánamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away. Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy. Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, Storming the Court follows the students from the classrooms at Yale to the prison camp at Guantánamo to the federal courts in New York and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees. At a time when the treatment of post-9/11 Guantánamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, Storming the Court is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.

Preface ix CHAPTER 1: Introduction 1 CHAPTER 2: History and Doctrine 11 CHAPTER 3: Freedom from Compelled Profession of Belief, Adverse Targeting, and Discrimination 35 CHAPTER 4: Conscientious Objection to Military Service 49 CHAPTER 5: Religious Exemptions and Drug Use 68 CHAPTER 6: Free Exercise Objections to Educational Requirements 86 CHAPTER 7: Sincerity 109 CHAPTER 8: Saying What Counts as Religious 124 CHAPTER 9: Controlled Environments: Military and Prison Life 157 CHAPTER 10: Indirect Impingements: Unemployment Compensation 172 CHAPTER 11: Sunday Closing Laws and Sabbatarian Business Owners 184 CHAPTER 12: Government Development of Sacred Property 192 CHAPTER 13: Difficult Determinations: Burden and Government Interest 201 CHAPTER 14: Land Development and Regulation 233 CHAPTER 15: Confidential Communications with Clergy 246 CHAPTER 16: Settling Disputes over Church Property 261 CHAPTER 17: Wrongs and Rights of Religious Association: The Limits of Tort Liability for Religious Groups and Their Leaders 290 CHAPTER 18: Employment Relations: Ordinary Discrimination and Accommodation 326 CHAPTER 19: Employment Relations: Harassment 359 CHAPTER 20: Rights of Religious Associations: Selectivity 377 CHAPTER 21: Medical Procedures 396 CHAPTER 22: Child Custody 421 CHAPTER 23: Conclusion (and Introduction) 439 Index 445

The U.S. Environmental Protection Agency's Toxics Release Inventory (TRI) Program required facilities that handle threshold amounts of specific chemicals to report yearly their releases and transfers of these toxic substances. The TRI data have become the yardstick by which regulators, investors, environmental organizations, and local community groups measure company environmental performance. This book tells the story of the TRI from its origin and implementation to its revision and retrenchment. Its mix of case study and quantitative analysis shows how the TRI operates and how the information provided affects decisions in both the public and private sectors.

Offers entry into the highly political, behind-closed-doors world of blue-ribbon investigations in the aftermath of national security crises.

1. Hearing the other side, in theory and in practice; 2. Encountering mixed political company: with whom and in what context?; 3. Benefits of hearing the other side; 4. The dark side of mixed political company; 5. The social citizen.

Although constitutional law is supposed to be fixed and enduring, its central narrative in the twentieth century has been one of radical reinterpretationýBrown v. Board of Education, Roe v. Wade, Bush v. Gore. What, if anything, justifies such radical reinterpretation? How does it work doctrinally? What, if anything, structures it or limits it?Jed Rubenfeld finds a pattern in American constitutional interpretation that answers these questions convincingly. He posits two different understandings of how constitutional rights would apply or not apply to particular legislation. One is that a right would be violated if certain laws were passed. The other is that a right would not be violated. He calls the former ýApplication Understandingsý and the latter ýNo-Application Understandings.ý He finds that constitutional law has almost always adhered to all of the original Application Understandings, but where it has departed from history, as it did in the Brown decision, it has departed from No-Application Understandings. Specifically, the Fourteenth Amendment did not prohibit racial segregation, so Rubenfeld argues that the Supreme Court had no problem reinterpreting it to prohibit it. It was a No-Application Understanding.This is a powerful argument that challenges current theories of constitutional interpretation from Bork to Dworkin. It rejects simplistic originalism, but restores historicity to constitutional theorizing.

Has the imperial presidency returned? "Well written and, while indispensable for college courses, should appeal beyond academic audiences to anyone interested in how well we govern ourselves. . . . I cannot help regarding it as a grand sequel for my own The Imperial Presidency." ---Arthur Schlesinger, Jr. Has the imperial presidency returned? This question has been on the minds of many contemporary political observers, as recent American administrations have aimed to consolidate power. In The New Imperial Presidency, Andrew Rudalevige suggests that the congressional framework meant to advise and constrain presidential conduct since Watergate has slowly eroded. Rudalevige describes the evolution of executive power in our separated system of governance. He discusses the abuse of power that prompted what he calls the "resurgence regime" against the imperial presidency and inquires as to how and why---over the three decades that followed Watergate---presidents have regained their standing. Chief executives have always sought to interpret constitutional powers broadly. The ambitious president can choose from an array of strategies for pushing against congressional authority; finding scant resistance, he will attempt to expand executive control. Rudalevige's important and timely work reminds us that the freedoms secured by our system of checks and balances do not proceed automatically but depend on the exertions of public servants and the citizens they serve. His story confirms the importance of the "living Constitution," a tradition of historical experiences overlaying the text of the Constitution itself.

“A fresh and compelling view on partisan change…. Creative and insightful.” —Harold W. Stanley, Southern Methodist University “An excellent and useful contribution to the study of political parties, particularly to the debate about realignment. The data analysis is especially thought-provoking.” —Arthur Paulson, Southern Connecticut University After years of decline, why has party attachment become a strong force once again in U.S. politics? Jeffrey Stonecash argues that the recent resurgence of partisanship is but the latest chapter in a larger story of party realignment—a story that reaffirms the centrality of political parties. Stonecash marshals rich data from more than a century of elections to highlight unexpected patterns of voting behavior with key significance today. As party constituencies continue to reorganize, he contends convincingly, the U. S. will face the strengthening of party attachments and growing political polarization. Jeffrey M. Stonecash is professor of political science at Syracuse University. His publications include Class and Party in American Politics and Political Polling. Contents: The Puzzling Reemergence of Partisanship. The Great Transition. The Consequences of Change. Party Transitions and Voter Response. Split-Outcomes in House Districts. The Rise and Decline of Party Defections. Changes in Party Identification. The Future of Partisanship.