Phillip J. Cooper - Böcker

This text illuminates the Supreme Court's legendary and little-known clashes from John Marshall to Ruth Ginsberg. It aims to help the reader understand why the justices fight, how they fight and why their fights matter.

Battered by our economy and disappointed by our government's role in that battering, we might be tempted to point the finger of blame at whoever's currently on the hot seat in front of us. But, as Phillip Cooper shows, we must widen our vision to take in the long history behind this dismal state of affairs. By doing so, it becomes clear that our present circumstances are in many ways the predictable outcome of a several-decades-long war against government regulation and its potential to protect and improve our lives. Cooper explains how the war against regulation has been conducted both from within and outside the government over the past thirty years. Chronicling its major battles from the Jimmy Carter years through the presidency of George W. Bush, he shows that it is a war - waged by Democrats and Republicans alike - that has been fought in high places but whose casualties include children, senior citizens, the infirm, and millions of families who have lost their homes and retirement savings. Cooper tells how Carter, praised for environmental regulation, worked to deregulate airlines, trucking, and banks; how Reagan undertook administrative rather than legislative measures against regulation - most of which weren't understood or even known by the public; and how George H.W. Bush continued the fight with the Quayle Commission. He describes Bill Clinton's commitment to fighting regulation despite having campaigned against his Republican predecessors' policies, then describes the behind-the-scenes maneuverings of George W. Bush as he sought to gut regulatory agencies entirely. He also devotes an entire chapter to parallel developments in the Supreme Court that substantially advanced the deregulation agenda during this era. Cooper contends that regulation, as one of a number of policy tools available to our leaders, is neither good nor bad in and of itself. Excessive deregulation - as opposed to regulatory reform, can present considerable peril, as current events clearly show. By considering key issues important to a more effective understanding and use of regulation in the future, ""The War against Regulation"" makes a vital case for restoring debate about regulation's rightful role within the republic and offers hope that a better understanding of that role can help lift us out of our current crisis.

Scholars and citizens alike have endlessly debated the proper limits of presidential action within our democracy. In this revised and expanded edition, noted scholar Phillip Cooper offers a cogent guide to these powers and shows how presidents from George Washington to Barack Obama have used and abused them in trying to realize their visions for the nation. As Cooper reveals, there has been virtually no significant policy area or level of government left untouched by the application of these presidential ""power tools."" Whether seeking to regulate the economy, committing troops to battle without a congressional declaration of war, or blocking commercial access to federal lands, presidents have wielded these powers to achieve their goals, often in ways that seem to fly in the face of true representative government. Cooper defines the different forms these powers take--executive orders, presidential memoranda, proclamations, national security directives, and signing statements--demonstrates their uses, critiques their strengths and dangers, and shows how they have changed over time. Cooper calls on events in American history with which we are all familiar but whose implications may have escaped us. Examples of executive action include, Washington's ""Neutrality Proclamation""; Lincoln's Emancipation Proclamation; the more than 1,700 executive orders issued by Woodrow Wilson in World War I; FDR also issued the order to incarcerate Japanese Americans during World War II; Truman's orders to desegregate the military; Eisenhower's numerous national security directives. JFK's order to control racial violence in Alabama. As Cooper demonstrates in his balanced treatment of these and subsequent presidencies, each successive administration finds new ways of using these tools to achieve policy goals--especially those goals they know they are unlikely to accomplish with the help of Congress. A key feature of the second edition are case studies on the post-9/11 evolution of presidential direct action in ways that have drawn little public attention. It clarifies the factors that make these policy tools so attractive to presidents and the consequences that can flow from their use and abuse in a post-9/11 environment. There is an important new chapter on ""executive agreements"" which, though they are not treaties within the meaning of the U.S. Constitution and not subject to Senate ratification, appear in many respects to be rapidly replacing treaties as instruments of foreign policy.

In the midst of great crisis, it is difficult to contemplate the future. In recent decades, determining what kind of future to imagine has been an ongoing challenge for millions of people around the world who have been subjected to war, terrorism, and civil disorder.While destruction of the environment has long been part of warfare, it has become increasingly important as environmental pressures have intensified in our time. Focusing on the challenges and issues that arise for those contemplating a way forward in the wake of catastrophic upheavals, Sustainable Development in Crisis Conditions takes a broad-based and integrative approach. What emerges is that the post-WWII reconstruction or nation-building perspectives are inadequate and inappropriate to most of the contemporary post-conflict challenges—a successful response requires a sustainable development approach, and Sustainable Development in Crisis Conditions is a preliminary exploration of this complex subject.

Provides an authoritative, jargon-free overview of all aspects of public law and how it affects the public administrator's job and responsibilities. Contributors include judges, legal experts, public administration scholars, and practicing administrators.

Promises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination—some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected by a variety of statutes, but many of these policies remain unfulfilled promises. These are just some of the many challenges of civil rights that persist in a nation that proudly points to the words above the entrance to the U.S. Supreme Court that read "Equal Justice Under Law."This text is for current and future public service professionals —whether they are in government agencies, in nonprofit organizations that provide social services for government, or contractors who operate as state actors—who increasingly serve diverse communities with a range of complex challenges, while working and managing within organizations that, fortunately, are themselves more diverse than ever before. For those who work and serve in such settings, civil rights is not an abstract academic study, but a critically important and very practical fact of daily life. This book may also be used on civil rights law, policy, and public administration courses, and each chapter ends with a section on ‘Issues for Policy and Practice’ to guide an examination of key public policy hurdles in the fight for civil rights as well as the implications for public service practice. Through an engaging exploration of edited court cases, legislation, and speeches, the reader is encouraged to think critically about civil rights law and policy pertaining to African Americans, Native Americans, Latinos/Latinas, gender, sexual orientation, and disabilities, to learn what civil rights require, but also to come to a more empathetic understanding of how different groups of people experience civil rights and the unique challenges they face. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Promises of justice and equality made in the U.S. Constitution, numerous Amendments, and decisions of the Supreme Court are hallmarks of American civil rights. Yet the realities of inequality remain facts of modern life for too many Native Americans, African Americans, and Latino Americans, even though state-mandated racial segregation has been outlawed for years. Women still face a variety of forms of discrimination—some subtle and others more overt. There remain many laws that treat people differently because of sexual orientation. People with disabilities are supposed to be protected by a variety of statutes, but many of these policies remain unfulfilled promises. These are just some of the many challenges of civil rights that persist in a nation that proudly points to the words above the entrance to the U.S. Supreme Court that read "Equal Justice Under Law."This text is for current and future public service professionals —whether they are in government agencies, in nonprofit organizations that provide social services for government, or contractors who operate as state actors—who increasingly serve diverse communities with a range of complex challenges, while working and managing within organizations that, fortunately, are themselves more diverse than ever before. For those who work and serve in such settings, civil rights is not an abstract academic study, but a critically important and very practical fact of daily life. This book may also be used on civil rights law, policy, and public administration courses, and each chapter ends with a section on ‘Issues for Policy and Practice’ to guide an examination of key public policy hurdles in the fight for civil rights as well as the implications for public service practice. Through an engaging exploration of edited court cases, legislation, and speeches, the reader is encouraged to think critically about civil rights law and policy pertaining to African Americans, Native Americans, Latinos/Latinas, gender, sexual orientation, and disabilities, to learn what civil rights require, but also to come to a more empathetic understanding of how different groups of people experience civil rights and the unique challenges they face. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Despite all the talk of sustainability, there has not been enough action to halt or reverse the impacts of climate change. Decades after the Rio Earth Summit and despite the many policies and commitments to move toward sustainable development, there continues to be a serious implementation gap.Implementing Sustainable Development focuses on the challenges of turning international commitments and policy promises into local action. Through global examples and cases, the authors examine not only the core principles, but also successful and failed efforts to address the social, environmental, and economic dimensions of sustainable development. They systematically guide readers through the technical, legal, economic, administrative, political, ethical, and cultural feasibility of putting sustainable development solutions in place. Based on broad research, Claudia María Vargas and Phillip J. Cooper offer a practical and useful approach to identifying and addressing policy implementation challenges—what works, what doesn’t, and why.Features of this thoroughly revised second edition include: Dozens of case studies from the throughout the worldAn overview of the UN Sustainable Development GoalsAction-oriented solutions to the challenges of sustainable developmentCareful consideration of local and indigenous knowledgeKey issues of equity, equality, and the importance of community involvement

Despite all the talk of sustainability, there has not been enough action to halt or reverse the impacts of climate change. Decades after the Rio Earth Summit and despite the many policies and commitments to move toward sustainable development, there continues to be a serious implementation gap.Implementing Sustainable Development focuses on the challenges of turning international commitments and policy promises into local action. Through global examples and cases, the authors examine not only the core principles, but also successful and failed efforts to address the social, environmental, and economic dimensions of sustainable development. They systematically guide readers through the technical, legal, economic, administrative, political, ethical, and cultural feasibility of putting sustainable development solutions in place. Based on broad research, Claudia María Vargas and Phillip J. Cooper offer a practical and useful approach to identifying and addressing policy implementation challenges—what works, what doesn’t, and why.Features of this thoroughly revised second edition include: Dozens of case studies from the throughout the worldAn overview of the UN Sustainable Development GoalsAction-oriented solutions to the challenges of sustainable developmentCareful consideration of local and indigenous knowledgeKey issues of equity, equality, and the importance of community involvement