An examination of privacy and the evolution of communication,from broken sealing wax to high-tech wiretapping A sweeping story of the right to privacy as it sped alongcolonial postal routes, telegraph wires, and even today’sfiber-optic cables, American Privacy traces the lineage of culturalnorms and legal mandates that have swirled around the FourthAmendment since its adoption. Legally, technologically, andhistorically grounded, Frederick Lane’s book presents a vivid andpenetrating exploration that, in the words of people’s historianHoward Zinn, “challenges us to defendour most basic rights.”--Fromthe Trade Paperback edition.

From prosecuting (and defending) murderers in the Bronx tohandling the public and private problems of Manhattan’s elite, Mouthpiece recounts the colorful adventures of New YorkCity’s ultimate legal operator. “In the pages before us, the Counselor tells a saga’s worth oftales of the city. As the saying goes, he’s got a million ofthem.” — Tom Wolfe, from his Introduction Edward Hayes is that unusual combination: the likable lawyer, onewho could have stepped off the stages of Guys and Dolls or Chicago . Mouthpiece is his story—an irreverent,entertaining, and revealing look at the practice of law in moderntimes and a social and political anatomy of New York City. Itrecounts Hayes’s childhood in the tough Irish sections of Queensand his eventual escape to the University of Virginia and then toColumbia Law School. Not at all white-shoe-firm material, Hayesheaded to the hair-raising, crime-ridden South Bronx of themidseventies—first as a homicide prosecutor and then as a defenseattor

There is no more powerful, detested, misunderstood AfricanAmerican in our public life than Clarence Thomas. SupremeDiscomfort: The Divided Soul of Clarence Thomas is a hauntingportrait of an isolated and complex man, savagely reviled by muchof the black community, not entirely comfortable in white society,internally wounded by his passage from a broken family and ruralpoverty in Georgia, to elite educational institutions, to thepinnacle of judicial power. His staunchly conservative positions oncrime, abortion, and, especially, affirmative action have exposedhim to charges of heartlessness and hypocrisy, in that he ishimself the product of a broken home who manifestly benefited fromracially conscious admissions policies. Supreme Discomfort is a superbly researched and reportedwork that features testimony from friends and foes alike who havenever spoken in public about Thomas before—including a candidconversation with his fellow justice and ideological ally, AntoninScalia. It offers a long-overdue windo

In this amazing story of high stakes competition between twotitans, Richard Moran shows how the electric chair developed notout of the desire to be more humane but through an effort by onenineteenth-century electric company to discredit the other. In 1882, Thomas Edison ushered in the “age of electricity” whenhe illuminated Manhattan’s Pearl Street with his direct current(DC) system. Six years later, George Westinghouse lit up Buffalowith his less expensive alternating current (AC). The two menquickly became locked in a fierce rivalry, made all the morecomplicated by a novel new application for their product: theelectric chair. When Edison set out to persuade the state of NewYork to use Westinghouse’s current to execute condemned criminals,Westinghouse fought back in court, attempting to stop the firstelectrocution and keep AC from becoming the “executioner’scurrent.” In this meticulously researched account of the ensuinglegal battle and the horribly botched first execution, Moran r

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution s primary role is to preserve and encouragewhat he calls active liberty : citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

Located at the intersection of law, political science,philosophy, and literary theory, this is a work of constitutionaltheory that explores the nature of American constitutionalinterpretation through a reconsideration of the long-standingdebate between the interpretive theories of originalism andnonoriginalism. It traces that debate to a particular set ofpremises about the nature of language, interpretation, andobjectivity, premises that raise the specter of unconstrained,unstructured constitutional interpretation that has hauntedcontemporary constitutional theory. It presents the novel argumentthat a critique of the underlying premises of originalism dissolvesnot just originalism but nonoriginalism as well, which leads to therecognition that constitutional interpretation is already andalways structured. It makes this argument in terms of the firstprinciple of the American political system: by their fidelity tothe Constitution, Americans are a textual people in that they livein and through the terms of a fun

Sweeping and important.... Provides a fascinating vision ofjustice and history. --The Washington Post Book World From the head of the U.S. Civil Rights Commission comes alandmark study of the ways in which prejudice has shaped Americanjustice from the Civil War era to the present. With an ear tuned tothe social subtext of every judicial decision, Mary Frances Berryexamines a century's worth of appellate cases, ranging from anineteenth-century Alabama case in which a white woman was deniedher divorce petition because an affair between a white man (herhusband) and a black woman (his lover) was "of no consequence," tosuch recent, high-profile cases as the William Kennedy Smith andO.J. Simpson trials. By turns shocking, moving, ironic, and tragic,each tale ends in the laying down of law. And because the lawperpetuates myths of race, gender, and class, they are stories thataffect the lives of us all.

The death penalty is one of the most hotly contested issues inAmerica today. Evidence continues to mount that many innocentpeople have been executed or are currently living on death row, andthat minority groups and the poor suffer from a shoddy publicdefense system and discriminatory application of capital charges.Meanwhile, the myth of deterrence has been revealed to be false,and an increasing number of Americans are beginning to questiontheir support for capital punishment. Legal Lynching offers a succinct, accessible introduction to thedebate over the death penalty's history and future, exposing achilling frequency of legal error, systemic racial and economicdiscrimination, and pervasive government misconduct. This is anessential book for readers across the political spectrum who wishto cut through the common myths and assumptions about the efficacyand morality of state-sanctioned killing.

In pursuit of fairness at any cost, we have created a societyparalyzed by legal fear: Doctors are paranoid and principalspowerless. Little league coaches, scared of liability, stopvolunteering. Schools and hospitals start to crumble. The commongood fades, replaced by a cacophony of people claiming their“individual rights.” By turns funny and infuriating, this startling book dissects thedogmas of fairness that allow self-interested individuals to bullythe rest of society. Philip K. Howard explains how, trying to honorindividual rights, we removed the authority needed to maintain afree society. Teachers don’t even have authority to maintain orderin the classroom. With no one in charge, the safe course is toavoid any possible risk. Seesaws and diving boards are removed.Ridiculous warning labels litter the American landscape: “Caution:Contents Are Hot.” Striving to protect “individual rights,” we ended up losing muchof our freedom. When almost any decision that someone disagreeswi

On June 28, 1972 in a South Bronx subway station, John Skagen,a white off-duty policeman on his way home, suddenly and withoutapparent provocation, ordered James Richardson, a black man on hisway to work, to get against the wall and put his hands up.Richardson had a gun, and the two exchanged shots. In the meleethat followed, Skagen was fatally wounded by a cop who rushed tothe scene. In the ensuing trial, William Kunstler handledRichardson's defense and the author of this book, then assistantdistrict attorney, prosecuted the case. Here is a first-hand,behind-the-scenes account of every step of the proceedings.

'We have no choice but to go fight,' WaLty said,his voice still hoarse, his delivery slow. 'We try to piecetogether some proof. We go to court and fight Likehell, and when we Lose we can tell our clients that we foughtthe good fight. In every Lawsuit,somebody wins, somebody Loses.Sure, we'll get our butts kicked, but at this point I'drather walk out of the courtroom with my head upthan deal with sanctions and malpractice claims.'