front cover of Judging Inequality
Judging Inequality
State Supreme Courts and the Inequality Crisis
James L. Gibson
Russell Sage Foundation, 2021
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. 
 
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front cover of Presidential Selection
Presidential Selection
Alexander Heard and Michael Nelson, eds.
Duke University Press, 1987
This study incorporates three important themes into the study of presidential selection:

What are the international implications of how the Unites States chooses its presidents? How does the process affect other nations? Does it enhance or diminish the ability of the United States to deal effectively with the rest of the world?

How do the changing characteristics of the the presidential selection process affect the shaping of public policies, and vice versa? For example, how have changes in citizen participation, campaign technologies, and campaign finance laws altered the balance of political power among institutions and interests?

What is the influence of the Constitution on presidential selection, as in the prescribed qualifications for the office and in provisions for unusual circumstances?

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front cover of The Soul of Abraham Lincoln
The Soul of Abraham Lincoln
William E. Barton. Introduction by Michael Nelson
University of Illinois Press, 2005

Modern secularists have been reluctant to recognize Abraham Lincoln's deep spirituality, in spite of the fact that he was often known as "Father Abraham" and has been described as one of the most deeply religious presidents the country has ever seen.  Yet for all of his familiarity with the Bible, his invocation of Providence, and of the Almighty, he did not actively participate in a church or lend his name and authority to a denomination.

After more than fifty years of hagiographic and contradictory accounts of Abraham Lincoln's life, William Barton stepped boldly into the bedlam of claims and counterclaims about Lincoln's religion. Armed with an enormous collection of Lincoln materials and his own strict evidentiary rules, Barton worked to avoid partisan politicking over Lincoln's legacy and instead to simply "lay bare the facts."  

To enable a better examination of the vexed questions surrounding Lincoln's faith and religious principles, Barton gathered Lincoln's most important writing and speeches about religion, and topically and chronologically assembled testimonies by his friends, family, and associates, about the most important and most debated issues.  This volume, Barton's first and most important work on Lincoln, is introduced by Michael Nelson who provides a history of the literature on Lincoln's religion, the historical context of Barton's writing, and the details of the method that made Barton's approach to this American icon such a distinctive success.

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