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

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

'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.'

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

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

Can the police strip-search a woman who has been arrested fora minor traffic violation? Can a magazine publish an embarrassingphoto of you without your permission? Does your boss have the rightto read your email? Can a company monitor its employees'off-the-job lifestyles--and fire those who drink, smoke, or livewith a partner of the same sex? Although the word privacy does notappear in the Constitution, most of us believe that we have aninalienable right to be left alone. Yet in arenas that range fromthe battlefield of abortion to the information highway, privacy isunder siege. In this eye-opening and sometimes hair-raising book,Alderman and Kennedy survey hundreds of recent cases in whichordinary citizens have come up against the intrusions ofgovernment, businesses, the news media, and their own neighbors. Atonce shocking and instructive, up-to-date and rich in historicalperspective, The Right to Private is an invaluable guide toone of the most charged issues of our time.

“Law school applicants should consider this a guide toproducing a competitive, superior essay. . . . These successfulexamples speak louder than any written how-to instructions could.”–The Book Watch Each year, thousands of people apply to the most prestigious lawschools across the country, competing for an ever-smaller number ofspaces. But each applicant gets one chance to distinguish himselfor herself from the pack: the law school application essay. In theessay, you can spotlight the qualities you possess that tran*sand LSAT scores cannot reveal.

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.

The Pulitzer Prize-winning author of Gideon's Trumpet followsthe progress of the 1960 libel suit that pitted The New York Timesagainst a Montgomery, Alabama, city official, and whose settlementin the Supreme Court redefined what newspapers, and ordinarycitizens, can print or say.

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

“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

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

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

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

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

In this remarkable book, a national bestseller in hardcover,Sandra Day O’Connor explores the law, her life as a Supreme CourtJustice, and how the Court has evolved and continues to function,grow, and change as an American institution. Tracing some of theorigins of American law through history, people, ideas, andlandmark cases, O’Connor sheds new light on the basics, exploringthrough personal observation the evolution of the Court andAmerican democratic traditions. Straight-talking, clear-eyed,inspiring, The Majesty of the Law is more than a reflection onO’Connor’s own experiences as the first female Justice of theSupreme Court; it also reveals some of the things she has learnedand believes about American law and life—reflections gleaned overher years as one of the most powerful and inspiring women inAmerican history.