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Freedom of the Air and the Public Interest
First Amendment Rights in Broadcasting to 1935
Louise M. Benjamin
Southern Illinois University Press, 2006
A unique and definitive study of freedom of expression rights in electronic media from the 1920s through the mid-1930s, Louise M. Benjamin’s Freedom of the Air and the Public Interest: First Amendment Rights in Broadcasting to 1935 examines the evolution of free speech rights in early radio.

Drawing on primary resources from sixteen archives plus contemporary secondary sources, Benjamin analyzes interactions among the players involved and argues that First Amendment rights in radio evolved in the 1920s and 1930s through the interaction of many entities having social, political, or economic interests in radio. She shows how free speech and First Amendment rights were defined and perceived up to 1935.

Focusing on the evolution of various electronic media rights, Benjamin looks at censorship, speakers’ rights of access to the medium, broadcasters’ rights to use radio as they desired, and listeners’ rights to receive information via the airwaves. With many interested parties involved, conflict was inevitable, resulting in the establishment of industry policies and government legislation—particularly the Radio Act of 1927. Further debate led to the Communications Act of 1934, which has provided the regulatory framework for broadcasting for over sixty years. Controversies caused by new technology today continue to rage over virtually the same rights and issues that Benjamin deals with.

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In the Public Interest
Medical Licensing and the Disciplinary Process
Horowitz, Ruth
Rutgers University Press, 2012

Winner of the American Sociological Association Sociology of Law Section 2013 Outstanding Book Award

How do we know when physicians practice medicine safely? Can we trust doctors to discipline their own? What is a proper role of experts in a democracy? In the Public Interest raises these provocative questions, using medical licensing and discipline to advocate for a needed overhaul of how we decide public good in a society dominated by private interest groups. Throughout the twentieth century, American physicians built a powerful profession, but their drive toward professional autonomy has made outside observers increasingly concerned about physicians’ ability to separate their own interests from those of the general public.

Ruth Horowitz traces the history of medical licensure and the mechanisms that democratic societies have developed to certify doctors to deliver critical services. Combining her skills as a public member of medical licensing boards and as an ethnographer, Horowitz illuminates the workings of the crucial public institutions charged with maintaining public safety. She demonstrates the complex agendas different actors bring to board deliberations, the variations in the board authority across the country, the unevenly distributed institutional resources available to board members, and the difficulties non-physician members face as they struggle to balance interests of the parties involved.

In the Public Interest suggests new procedures, resource allocation, and educational initiatives to increase physician oversight. Horowitz makes the case for regulations modeled after deliberative democracy that promise to open debates to the general public and allow public members to take a more active part in the decision-making process that affects vital community interests.

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Liberal Education and the Public Interest
James O. Freedman
University of Iowa Press, 2003

In 1996 James Freedman published Idealism and Liberal Education, which discussed the ideals that shaped his life as an intellectual, a law professor, and a college and university president. In this new collection of essays, he convincingly explores his firm belief that a liberal education is the “surest instrument yet devised for developing those civilizing qualities of mind and character that enable men and women to lead satisfying lives and to make significant contributions to a democratic society.”

Freedman concentrates directly upon the problems facing university presidents and all university administrators. A passionate and beautifully written argument for the benefits of a liberal education, this book

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Patent Politics
Life Forms, Markets, and the Public Interest in the United States and Europe
Shobita Parthasarathy
University of Chicago Press, 2017
Over the past thirty years, the world’s patent systems have experienced pressure from civil society like never before. From farmers to patient advocates, new voices are arguing that patents impact public health, economic inequality, morality—and democracy. These challenges, to domains that we usually consider technical and legal, may seem surprising. But in Patent Politics, Shobita Parthasarathy argues that patent systems have always been deeply political and social.
 
To demonstrate this, Parthasarathy takes readers through a particularly fierce and prolonged set of controversies over patents on life forms linked to important advances in biology and agriculture and potentially life-saving medicines. Comparing battles over patents on animals, human embryonic stem cells, human genes, and plants in the United States and Europe, she shows how political culture, ideology, and history shape patent system politics. Clashes over whose voices and which values matter in the patent system, as well as what counts as knowledge and whose expertise is important, look quite different in these two places. And through these debates, the United States and Europe are developing very different approaches to patent and innovation governance. Not just the first comprehensive look at the controversies swirling around biotechnology patents, Patent Politics is also the first in-depth analysis of the political underpinnings and implications of modern patent systems, and provides a timely analysis of how we can reform these systems around the world to maximize the public interest.
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The Private Abuse of the Public Interest
Market Myths and Policy Muddles
Lawrence D. Brown and Lawrence R. Jacobs
University of Chicago Press, 2008
Despite George W. Bush’s professed opposition to big government, federal spending has increased under his watch more quickly than it did during the Clinton administration, and demands on government have continued to grow. Why? Lawrence Brown and Lawrence Jacobs show that conservative efforts to expand markets and shrink government often have the ironic effect of expanding government’s reach by creating problems that force legislators to enact new rules and regulations. Dismantling the flawed reasoning behind these attempts to cast markets and public power in opposing roles, The Private Abuse of the Public Interest urges citizens and policy makers to recognize that properly functioning markets presuppose the government’s ability to create, sustain, and repair them over time.

The authors support their pragmatic approach with evidence drawn from in-depth analyses of education, transportation, and health care policies. In each policy area, initiatives such as school choice, deregulation of airlines and other carriers, and the promotion of managed care have introduced or enlarged the role of market forces with the aim of eliminating bureaucratic inefficiency. But in each case, the authors show, reality proved to be much more complex than market models predicted. This complexity has resulted in a political cycle—strikingly consistent across policy spheres—that culminates in public interventions to sustain markets while protecting citizens from their undesirable effects. Situating these case studies in the context of more than two hundred years of debate about the role of markets in society, Brown and Jacobs call for a renewed focus on public-private partnerships that recognize and respect each sector’s vital—and fundamentally complementary—role.
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Radio Utopia
Postwar Audio Documentary in the Public Interest
Matthew Ehrlich
University of Illinois Press, 2017
As World War II drew to a close and radio news was popularized through overseas broadcasting, journalists and dramatists began to build upon the unprecedented success of war reporting on the radio by creating audio documentaries. Focusing particularly on the work of radio luminaries such as Edward R. Murrow, Fred Friendly, Norman Corwin, and Erik Barnouw, Radio Utopia: Postwar Audio Documentary in the Public Interest traces this crucial phase in American radio history, significant not only for its timing immediately before television, but also because it bridges the gap between the end of the World Wars and the beginning of the Cold War.
 
Matthew C. Ehrlich closely examines the production of audio documentaries disseminated by major American commercial broadcast networks CBS, NBC, and ABC from 1945 to 1951. Audio documentary programs educated Americans about juvenile delinquency, slums, race relations, venereal disease, atomic energy, arms control, and other issues of public interest, but they typically stopped short of calling for radical change. Drawing on rare recordings and scripts, Ehrlich traces a crucial phase in the evolution of news documentary, as docudramas featuring actors were supplanted by reality-based programs that took advantage of new recording technology. Paralleling that shift from drama to realism was a shift in liberal thought from dreams of world peace to uneasy adjustments to a cold war mentality.
 
Influenced by corporate competition and government regulations, radio programming reflected shifts in a range of political thought that included pacifism, liberalism, and McCarthyism. In showing how programming highlighted contradictions within journalism and documentary, Radio Utopia reveals radio's response to the political, economic, and cultural upheaval of the post-war era.
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Regulatory Rights
Supreme Court Activism, the Public Interest, and the Making of Constitutional Law
Larry Yackle
University of Chicago Press, 2007
We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it.  It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights.

Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.
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The Responsible Contract Manager
Protecting the Public Interest in an Outsourced World
Steven Cohen and William Eimicke
Georgetown University Press, 2008

Contract management is a critical skill for all contemporary public managers. As more government duties are contracted out, managers must learn to coordinate and measure the performance of private contractors, and to write contract requirements and elicit bids that obtain important services and products at the best possible price and quality. They must also learn to work in teams that include both public and private sector partners.

The Responsible Contract Manager delves into the issues of how to ensure that the work done by private sector contractors serves the public interest and argues for the necessity of making these organizations act as extensions of the public sector while maintaining their private character. Government contract managers have a unique burden because they must develop practices that ensure the production advantages of networked organizations and the transparency and accountability required of the public sector.

The Responsible Contract Manager fills a major gap in public management literature by providing a clear and practical introduction to the best practices of contract management and also includes a discussion of public ethics, governance and representation theory. It is an essential guide for all public management scholars and is especially useful for students in MPA graduate programs and related fields.

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What's Fair on the Air?
Cold War Right-Wing Broadcasting and the Public Interest
Heather Hendershot
University of Chicago Press, 2011
The rise of right-wing broadcasting during the Cold War has been mostly forgotten today. But in the 1950s and ’60s you could turn on your radio any time of the day and listen to diatribes against communism, civil rights, the United Nations, fluoridation, federal income tax, Social Security, or JFK, as well as hosannas praising Barry Goldwater and Jesus Christ. Half a century before the rise of Rush Limbaugh and Glenn Beck, these broadcasters bucked the FCC’s public interest mandate and created an alternate universe of right-wing political coverage, anticommunist sermons, and pro-business bluster.
 
A lively look back at this formative era, What’s Fair on the Air? charts the rise and fall of four of the most prominent right-wing broadcasters: H. L. Hunt, Dan Smoot, Carl McIntire, and Billy James Hargis. By the 1970s, all four had been hamstrung by the Internal Revenue Service, the FCC’s Fairness Doctrine, and the rise of a more effective conservative movement. But before losing their battle for the airwaves, Heather Hendershot reveals, they purveyed ideological notions that would eventually triumph, creating a potent brew of religion, politics, and dedication to free-market economics that paved the way for the rise of Ronald Reagan, the Moral Majority, Fox News, and the Tea Party.
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