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.
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.
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.
In 1787, the American union was in disarray. The incompatibledemands of the separate states threatened its existence; somestates were even in danger of turning into the kind of tyranny theyhad so recently deposed. A truly national government was needed, one that could raisemoney, regulate commerce, and defend the states against foreignthreats–without becoming as overbearing as England. Sothirty-six-year-old James Madison believed. That summer, theVirginian was instrumental in organizing the ConstitutionalConvention, in which one of the world’s greatest documents would bedebated, created, and signed. Inspired by a sense of history in themaking, he kept the most extensive notes of any attendee. Now two esteemed scholars have made these minutes accessible toeveryone. Presented with modern punctuation and spelling, judiciouscuts, and helpful notes–plus fascinating background information onevery delegate and an overview of the tumultuous times–here is thegreat drama of how the Constituti
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
The bestselling business classic that Raytheon CEO William Swanson made famous . Every once in awhile, there is a book with a message so timeless,so universal, that it transcends generations. The Unwritten Lawsof Business is such a book. Originally published over 60 yearsago as The Unwritten Laws of Engineering , it has sold over100,000 copies, despite the fact that it has never been availablebefore to general readers. Fully revised for business readerstoday, here are but a few of the gems you’ll find in thislittle-known business classic: If you take care of your present job well, the future will takecare of itself. The individual who says nothing is usually credited with havingnothing to say. Whenever you are performing someone else’s function, you areprobably neglecting your own. Martyrdom only rarely makes heroes, and in the business world, suchheroes and martyrs often find themselves unemployed. Refreshingly free of the latest business fads and jargon, this is abook that is wise and insight
People with disabilities forging the newest and last humanrights movement of the century.
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
'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.'
Throughout America’s history, our laws have been a reflectionof who we are, of what we value, of who has control. They embodyour society’s genetic code. In the masterful hands of the subject’sgreatest living historian, the story of the evolution of our lawsserves to lay bare the deciding struggles over power and justicethat have shaped this country from its birth pangs to the present.Law in America is a supreme example of the historian’s art, itsbrevity a testament to the great elegance and wit of itscomposition. From the Hardcover edition.
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
In 1787. . . We were given the right to practice the religion of ourchoice. We were given the right to say what we wanted withoutpersecution. It was written that our house and property were secure fromunreasonable search and seizure. We were given the right to apublic trial. Fifty-five men we will never know sat in a sweltering room andfought for us. We were given our rights as citizens of the United States. Every second fall, as we return again to the ballot box to decidethe course of our country’s leadership, every voter must find theirway back to that room in Philadelphia. Welcome Books is proud toprovide a map. The Constitution of the United States of America, inscribed andillustrated by the master calligrapher, Sam Fink, brings to lifethe issues underlying the triumphs of this abiding document.Originally published in pen and ink for Random House in 1987, Mr.Fink has gone back to his original black-and-white art and paintedit anew, created a full-color ma
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
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
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.