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Brandishing the First Amendment: Commercial Expression in America
Synopses & Reviews
"David Kairys is one of the grand long-distance runners in the struggle for justice in America. His brilliant legal mind and superb lawyerly skills are legendary. This marvelous book is his gift to us!"
---Cornel West, Professor of Religion and African American Studies, Princeton University, and award-winning author of Race Matters
Philadelphia Freedom is the spellbinding tale of an idealistic young lawyer coming of age in the political cauldron of the 1960s and 1970s. From his immersion in the civil rights movement to his determined court battles to quell criminal violence by Philadelphia police, Kairys recounts how he helped make history in the city of brotherly love."
---William K. Marimow, Editor and Executive Vice President, Philadelphia Inquirer, and recipient of two Pulitzer Prizes
"In the current climate of political deception and the trampling of our civil rights, Kairys's compelling book is a clenched fist, a prayer for social justice and a call to conscience."
---Steve Lopez, Los Angeles Times columnist and former Philadelphia Inquirer columnist
"With engaging, insider stories of innovative legal strategies of a truly creative lawyer, this book evokes the ebullient spirit of progressive social change launched in the 1960s and should be read by aspiring and practicing lawyers as well as anyone interested in American social history. Philadelphia Freedom reads like a suspense novel and reveals how novel legal and political thinking can and does make a real difference to individuals and to the quality of justice."
---Martha L. Minow, Jeremiah Smith, Jr. Professor of Law, Harvard University
"David Kairys's compelling book properly explains the vital role that civil rights attorneys play in our system of justice."
---Judge John E. Jones III, United States District Court for the Middle District of Pennsylvania, and presiding judge in the landmark Kitzmiller v. Dover Area School District case
A memoir that is also a compelling page-turner, Philadelphia Freedom is the poignant, informative, often inspiring account of renowned civil-rights lawyer David Kairys's personal quest for achieving social justice during the turbulent 1960s and 70s.
Philadelphia Freedom brings us intimately and directly into Kairys's burgeoning law career and the struggles of the 60s as his professional and private life navigated the turmoil and promise of the civil rights and antiwar movements.
Many of the cases Kairys took on involved discrimination and equal protection, freedom of speech, and government malfeasance. Kairys is perhaps most well known for his victory in the Camden 28 draft board case, in which the FBI set up a sting of the Catholic anti-war left at the behest of the highest levels of government.
The stories and cases range from nationally important and recognizable---the family of the scientist the CIA unwittingly gave LSD in the 1950s; the leading race discrimination case against the FBI; Dr. Benjamin Spock's First Amendment case before the Supreme Court; the city handgun lawsuits Kairys conceived---to those he encountered in his early work as a public defender. The characters include public figures such as FBI Directors J. Edgar Hoover and Louis Freeh; CIA Director William Colby; Pennsylvania Senator Arlen Specter; New York Attorney General Eliot Spitzer; U.S. Attorneys General Edward Levi and John Mitchell; Georgia Governor Lester Maddox; Pennsylvania Governor, former Philadelphia Mayor, and Democratic National Committee chair Ed Rendell; Philadelphia Mayor and Police Commissioner Frank Rizzo. But some of the most memorable are not well known, involving regular people caught up in the often heartless machinery of the courts and legal system.
Though it reads like a novel, with all the elements of character, plot, and suspense, Philadelphia Freedom also has historical significance as a firsthand account of the 1960s and 70s and contains social commentary about race as well as insights and major perspectives on the nature and social role of law.
David Kairys is Professor of Law at Beasley School of Law, Temple University. He was a full-time civil rights lawyer from 1968 to 1990.
First Amendment speech rights should not extend to commercial interests
How the First Amendment has been aggressively and inappropriately expanded by commercial entities
Oral arguments are a key aspect of the Supreme Court's decision-making process
The gripping story of the life and education of one of America's most innovative and idealistic lawyers
Shows why business sometimes loses in policy debates despite often having overwhelming resources
An engaging exploration of the legal and policy questions surrounding U.S. national security and international travel
Today, when a single person can turn an airplane into a guided missile, no one objects to rigorous security before flying. But can the state simply declare some people too dangerous to travel, ever and anywhere? Does the Constitution protect a fundamental right to travel? Should the mode of travel (car, plane, or boat) or itinerary (domestic or international) make a constitutional difference? This book explores the legal and policy questions raised by government travel restrictions, from passports and rubber stamps to computerized terrorist watchlists.
In tracing the history and scope of U.S. travel regulations, Jeffrey Kahn begins with the fascinating story of Mrs. Ruth Shipley, a federal employee who almost single-handedly controlled access to passports during the Cold War. Kahn questions how far national security policies should go and whether the government should be able to declare some individuals simply too dangerous to travel. An expert on constitutional law, Kahn argues that U.S. citizensand#8217; freedom to leave the country and return is a fundamental right, protected by the Constitution.
Why, despite the political advantages of business in the policy process, do business interests still sometimes lose policy fights in the political system? Money, mobility, connections, and incentives load the political system in favor of business interests. Against the odds, when the conspicuous corporation meets the virtuous politician, business often loses in the policy struggle.
In answering this question, Neil J. Mitchell reassesses the dimensions of business power in the political system and provides a fresh consideration of how economic power translates into political power. Charles Lindbloom's analysis of business power provides a point of departure for an examination of the evidence on business influence over public preferences, on the importance of business confidence to politicians, and on the financial and lobbying activities of business interests. Mitchell then considers the position of labor unions--the traditional opposition to business--in contemporary policy making. Finally, he discusses the conditions under which business power breaks down. This is accompanied by an analysis of a variety of cases in which business has attempted to influence the policy making process to test his findings.
Extensively researched, this book sheds new light on the activities of business in politics, on the strength of interests opposing business, and on business policy failures in the United States and the United Kingdom. The empirical analysis builds on survey data, extensive interviews, and archival research.
The relationship between business and government is a core topic for economists, sociologists and political scientists, taking us from heroic struggles over policy to sordid episodes of political corruption. The book will be of interest to scholars in the social sciences and in business schools as well as to the general reader interested in power and influence in representative democracies.
Neil Mitchell is Professor of Political Science, University of New Mexico.
About the Author
Tamara R. Piety is the Associate Dean for Faculty Development and Professor at the University of Tulsa College of Law.
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History and Social Science » Law » Civil Liberties and Human Rights