For the first time, a collection of dissents from the mostfamous Supreme Court cases If American history can truly be traced through the majoritydecisions in landmark Supreme Court cases, then what about thedissenting opinions? In issues of race, gender, privacy, workers'rights, and more, would advances have been impeded or failuresrectified if the dissenting opinions were in fact the majorityopinions? In offering thirteen famous dissents-from Marbury v. Madison andBrown v. Board of Education to Griswold v. Connecticut and Lawrencev. Texas, each edited with the judges' eloquence preserved-renownedSupreme Court scholar Mark Tushnet reminds us that court decisionsare not pronouncements issued by the utterly objective, they are infact political statements from highly intelligent but partisanpeople. Tushnet introduces readers to the very concept of dissentin the courts and then provides useful context for each case,filling in gaps in the Court's history and providing an overview ofthe issues at
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.
?Over 3,000 legal terms defined ?Revised edition with the most up-to-date terminology
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
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
For more than two decades, Vanity Fair has published DominickDunne’s brilliant, revelatory chronicles of the most famous crimes,trials, and punishments of our time. Here, in one volume, areDominick Dunne’s mesmerizing tales of justice denied and justiceaffirmed. Whether writing of Claus von Bülow’s romp through twotrials; the Los Angeles media frenzy surrounding O.J. Simpson; thedeath by fire of multibillionaire banker Edmond Safra; or theGreenwich, Connecticut, murder of Martha Moxley and theindictment—decades later—of Michael Skakel, Dominick Dunne tells ithonestly and tells it from his unique perspective. His search forthe truth is relentless.
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.
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
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.
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
'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.'
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
People with disabilities forging the newest and last humanrights movement of the century.
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
“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.
“The best legal read . . . in decades. A brilliantlyentertaining work, both for the lawyer and the layman.” Washington Times Robert S. Bennett has been a lawyer for more than forty years. Inthat time, he’s taken on dozens of high-pro?le and groundbreakingcases and emerged as the go-to guy for the nation’s elite. BobBennett gained international recognition as one of America’s bestlawyers for leading the defense of President Bill Clinton in thePaula Jones case. He has always fought for justice. This is hisstory. Born in Brooklyn and an amateur boxer in his youth, Bennett hasoften brought his street-?ghter’s mentality to the courtroom. Hiscase history is a who’s who of ?gures who have dominated legalheadlines: superlobbyist Tommy Corcoran, former secretaries ofdefense Clark Clifford and Caspar Weinberger, Marge Schott, and,most recently, New York Times reporter Judith Miller and formerWorld Bank president Paul Wolfowitz. Throughout the telling of his life in court, Be