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.

“We need a new idea of how to govern. The current system isbroken. Law is supposed to be a framework for humans to makechoices, not the replacement for free choice.” So notes Philip K.Howard in the new Afterword to his explosive manifesto The Deathof Common Sense . Here Howard offers nothing less than a fresh,lucid, practical operating system for modern democracy. America isdrowning—in law, lawsuits, and nearly endless red tape. Beforeacting or making a decision, we often abandon our best instincts.We pause, we worry, we equivocate, and then we divert our energyinto trying to protect ourselves. Filled with one too many examplesof bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back ontrack.

With profound insight into the complexities of the humanexperience, Harvard psychologist Gordon Allport organized a mass ofresearch to produce a landmark study on the roots and nature ofprejudice. First published in 1954, The Nature of Prejudice remainsthe standard work on discrimination. Now this classic study isoffered in a special unabridged edition with a new introduction byKenneth Clark of Columbia University and a new preface by ThomasPettigrew of Harvard University.Allport’s comprehensive andpenetrating work examines all aspects of this age-old problem: itsroots in individual and social psychology, its varieties ofexpression, its impact on the individuals and communities. Heexplores all kinds of prejudice-racial, religious, ethnic, economicand sexual-and offers suggestions for reducing the devastatingeffects of discrimination.The additional material by Clark andPettigrew updates the social-psychological research in prejudiceand attests to the enduring values of Allport’s original theoriesand

Wilbert Rideau, an award-winning journalist who spentforty-four years in prison, delivers a remarkable memoir of crime,punishment, and ultimate triumph. After killing a bank teller in a moment of panic during a botchedrobbery, Wilbert Rideau was sentenced to death at the age ofnineteen. He spent several years on death row at Angola before hissentence was commuted to life, where, as editor of the prisonnewsmagazine The Angolite, he undertook a mission to expose andreformLouisiana's iniquitousjustice system from the inside. Vivid,incisive, and compassionate, this is a detailed account of prisonlife and a man who accepted responsibility for his actions andworked to redeem himself. It is a story about not giving up;finding love in unexpected places; the power of kindness; and theability to do good, no matter where you are.

People with disabilities forging the newest and last humanrights movement of the century.

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.

Courtroom 302 is the fascinating story of one year inChicago's Cook County Criminal Courthouse, the busiest felonycourthouse in the country. Here we see the system through the eyesof the men and women who experience it, not only in the courtroombut in the lockup, the jury room, the judge's chambers, thespectators' gallery. From the daily grind of the court to thehighest-profile case of the year, Steve Bogira’s masterfulinvestigation raises fundamental issues of race, civil rights, andjustice in America.

The Real ACT is the only book with insider test-taking tipsand strategy, practice tests, and insight from the makers of theACT. This comprehensive guide has everything one needs to knowabout the ACT-test content, structure, and format info! The only guide that includes 5 previously administered,full-length ACT tests written by the actual test maker (including 2NEW practice tests) ACT content and procedures you'll follow when actually taking thetest Valuable information about tuition payment plans All the question types you can expect to find on the ACT Suggestions on how you might approach the questions andPeterson's tried-and-true test-taking strategies and tips

This book, based on the Tanner lectures on Human Values thatJustice Stephen Breyer delivered at Harvard University in November2004, defines the term “active liberty” as a sharing of thenation’s sovereign authority with its citizens. Regarding theConstitution as a guide for the application of basic Americanprinciples to a living and changing society rather than as anarsenal of rigid legal means for binding and restricting it,Justice Breyer argues that the genius of the Constitution rests notin any static meaning it might have had in a world that is dead andgone, but in the adaptability of its great principles to cope withcurrent problems. Giving us examples of this approach in the areas of free speech,federalism, privacy, affirmative action, statutory interpretation,and administrative law, Justice Breyer states that courts shouldtake greater account of the Constitution’s democratic nature whenthey interpret constitutional and statutory texts. He also insiststhat the people, through partici

There is an undercover war going on in America that impactseveryone's life far more than the legal issues that typically grabthe headlines. The conservative movement has been systematicallyturning back a century's worth of the evolving gains andprotections found in the common law-the areas of law that affectthe everyday activities of ordinary people. Throughout the twentieth century, contract, property, andpersonal injury law evolved to take more account of socialconditions and the needs of consumers, workers, and less powerfulmembers of American society. Contracts were interpreted in light ofcommon sense, property ownership was subjected to reasonable-useprovisions to protect the environment, and consumers were protectedagainst dangerous products. But all that is changing. Conservatives have a clear agenda toturn back the clock on the common law to maximize the profits ofbig business. Some significant inroads have already been made toprotect gun manufacturers from lawsuits, enforce form co

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

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.

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.