Linda Greenhouse

Michael J. Graetz

Burger Court and the Rise of the Judicial Right

the unmaking of America's environment, security, and independence

The end of energy

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

The Burger Court and the Rise of the Judicial Right

Ian Shapiro

The acclaimed authors of Death by a Thousand Cuts argue that Americans care less about inequality than about their own insecurity. Michael Graetz and Ian Shapiro propose realistic policies and strategies to make lives and communities more secure. This is an age of crisis. That much we can agree on. But a crisis of what? And how do we get out of it? Many on the right call for tax cuts and deregulation. Others on the left rage against the top 1 percent and demand wholesale economic change. Voices on both sides line up against globalization: restrict trade to protect jobs. In The Wolf at the Door, two leading political analysts argue that these views are badly mistaken. Michael Graetz and Ian Shapiro focus on what really worries people: not what the rich are making but rather their own insecurity and that of people close to them. Americans are concerned about losing what they have, whether jobs, status, or safe communities. They fear the wolf at the door. The solution is not protectionism or class warfare but a return to the hard work of building coalitions around realistic goals and pursuing them doggedly through the political system. This, Graetz and Shapiro explain, is how earlier reformers achieved meaningful changes, from the abolition of the slave trade to civil rights legislation. The authors make substantial recommendations for increasing jobs, improving wages, protecting families suffering from unemployment, and providing better health insurance and child care, and they guide us through the strategies needed to enact change. These are achievable reforms that would make Americans more secure. The Wolf at the Door is one of those rare books that not only diagnose our problems but also show us how we can address them.

The Menace of Economic Insecurity and How to Fight It

The Wolf at the Door

Kenneth S Apfel

In the debate over Social Security reform, most of the work on individual accounts has focused on how individuals would save and manage those accounts during their working lives. Uncharted Waters goes further and addresses the often neglected questions about how and under what circumstances funds could be withdrawn from these accounts. In Uncharted Waters, a panel of recognized experts created a framework for determining how benefits might be paid if private accounts become a new part of the Social Security system or are created separate from Social Security. This important volume analyzes the potential implications of different policy choices. It considers the ramifications of payout rules for families at different stages of life, particularly for economically disadvantaged groups. The contributors also address how any new individual account program would fit with traditional Social Security, employer-based pensions, and tax-advantaged individual retirement savings (401(k)s and IRAs). As the debate over individual savings accounts rages, Uncharted Waters offers a sound framework for informing public policy on both sides of the argument.

Paying Benefits From Individual Accounts in Federal Retirement Policy

Uncharted Waters

Jerry L. Mashaw

Professor Jerry L Mashaw

Social insurance in the United States--including the Social Security Act of 1935 and the Medicare, Medicaid, and disability insurance programs that were added later--may be the greatest triumph of American domestic policy. But true security has not been achieved. As Michael J. Graetz and Jerry L. Mashaw show in this pathbreaking book, the nation's system of social insurance is riddled with gaps, inefficiencies, and inequities. Even the most popular and successful programs, Medicare and Social Security, face serious financial challenges from the coming retirement of the baby boom generation and the aging of the population. This book challenges the notion that American social insurance must remain inadequate, unaffordable, or both. In sharp contrast to policymakers and analysts who debate only one income security program at a time, Graetz and Mashaw examine social insurance whole to assess its crucial role in providing economic security in a dynamic market economy. They recognize that, notwithstanding a proper emphasis on individual freedom and responsibility, Americans share a common fate that binds them together in a common enterprise. The authors offer us a new vision of the social insurance contract and concrete proposals to make the nation's families more secure without increasing costs.

Rethinking American Social Insurance

True Security

This fast-paced book by Yale professors Michael Graetz and Ian Shapiro unravels the following mystery: How is it that the estate tax, which has been on the books continuously since 1916 and is paid by only the wealthiest two percent of Americans, was repealed in 2001 with broad bipartisan support? The mystery is all the more striking because the repeal was not done in the dead of night, like a congressional pay raise. It came at the end of a multiyear populist campaign launched by a few individuals, and was heralded by its supporters as a signal achievement for Americans who are committed to the work ethic and the American Dream. Graetz and Shapiro conducted wide-ranging interviews with the relevant players: members of congress, senators, staffers from the key committees and the Bush White House, civil servants, think tank and interest group representatives, and many others. The result is a unique portrait of American politics as viewed through the lens of the death tax repeal saga. Graetz and Shapiro brilliantly illuminate the repeal campaign's many fascinating and unexpected turns--particularly the odd end result whereby the repeal is slated to self-destruct a decade after its passage. They show that the stakes in this fight are exceedingly high; the very survival of the long standing American consensus on progressive taxation is being threatened. Graetz and Shapiro's rich narrative reads more like a political drama than a conventional work of scholarship. Yet every page is suffused by their intimate knowledge of the history of the tax code, the transformation of American conservatism over the past three decades, and the wider political implications of battles over tax policy.

Michael J. Graetz

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