Publisher Comments : The Declaration ofIndependence was the promise of a representative government; theConstitution was the fulfillment of that promise. On July 4, 1776, the Second Continental Congress issued a unanimousdeclaration: the thirteen North American colonies would be thethirteen United States of America, free and independent of GreatBritain. Drafted by Thomas Jefferson, the Declaration set forth theterms of a new form of government with the following words: "Wehold these Truths to be self-evident, that all men are createdequal, that they are endowed with certain unalienable Rights, thatamong these are Life, Liberty, and the Pursuit of Happiness." Framed in 1787 and in effect since March 1789, the Constitution ofthe United States of America fulfilled the promise of theDeclaration by establishing a republican form of government withseparate executive, legislative, and judicial branches. The firstten amendments, known as the Bill of Rights, became part of theConstitution on December 15, 1791. Amo
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
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.
“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.
Probably written by a student of Aristotle, The AthenianConstitution is both a history and an analysis of Athens' politicalmachinery between the seventh and fourth centuries BC, which standsas a model of democracy at a time when city-states lived underdiffering kinds of government. The writer recounts the majorreforms of Solon, the rule of the tyrant Pisistratus and his sons,the emergence of the democracy in which power was shared by allfree male citizens, and the leadership of Pericles and thedemagogues who followed him. He goes on to examine the city'sadministration in his own time - the council, the officials and thejudicial system. For its information on Athens' development and howthe democracy worked, The Athenian Constitution is an invaluablesource of knowledge about the Athenian city-state.
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 Supreme Court is one of the most extraordinaryinstitutions in our system of government. Charged with theresponsibility of interpreting the Constitution, the nine unelectedjustices of the Court have the awesome power to strike down lawsenacted by our elected representatives. Why does the public acceptthe Court’s decisions as legitimate and follow them, even whenthose decisions are highly unpopular? What must the Court do tomaintain the public’s faith? How can the Court help make ourdemocracy work? These are the questions that Justice Stephen Breyertackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey.But Breyer declares that we cannot take the public’s confidence inthe Court for granted. He reminds us that at various moments in ourhistory, the Court’s decisions were disobeyed or ignored. Andthrough investigations of past cases, concerning the CherokeeIndians, slavery, and Brown v. Board of Education, he brilliantlycaptures the steps
Bestselling author James B. Stewart's newsbreakinginvestigation of our era's most high-profile perjurers, revealingthe alarming extent of this national epidemic. Our system of justice rests on a simple proposition: thatwitnesses will raise their hands and tell the truth. In TangledWebs, James B. Stewart reveals in vivid detail the consequences ofthe perjury epidemic that has swept our country, undermining thevery foundation of our courts. With many prosecutors, investigators, and participants speakingfor the first time, Tangled Webs goes behind the scene of thetrials of media and homemaking entrepreneur Martha Stewart; topWhite House political adviser Lewis "Scooter" Libby; home-run kingBarry Bonds; and Wall Street money manager Bernard Madoff. The saga of Martha Stewart's conviction captured the nation, butuntil now no one has answered the most basic question: Why wouldStewart risk prison, put her entire empire in jeopardy, and lierepeatedly to government investi
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.
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
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
“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
Married couples...dating couples...parents andchildren...teachers and students...office workers...management andstaff...business to business... There is a simple solution to improving your communication andbuiilding better, healthier relationships. It's called Law ofConnection. Make it work for you! Are there certain people you cannot seem to communicate with--athome, at work, or in your community? You say one thing, they hearsomething different. You simply do not understand one another, andyou cannot explain why. The only thing you are certain of is thatthe lack of connection leads to disappointment, frustration, andconflict. Now in LAW OF CONNECTION, Michael J. Losier gives you the key tosuccessful communication. Using the principles of Neuro-LinguisticProgramming (NLP), you will soon master the few simple skillsneeded to create better understanding with people in every aspectof your life.
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 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
History comes alive-in this illustrated guide to theConstitution and all 27 Amendments. ? Which state refused to send a delegation to the ConstitutionalConvention? ? Why was the Convention held in secret, with sentries at thedoor? ? What are the 27 Amendments? The U.S. Constitution for Everyone relates how the "traitorous"Founding Fathers wrote the nation's supreme laws and how thethirteen Disunited States became a more perfect Union. A must forstudents of American history and for everyone who'd like to knowmore about the supreme laws of our nation.
A perfect introduction to a vital subject very fewAmericans understand-the constitutional status of AmericanIndians Few American s know that Indian tribes havea legal status unique among America's distinct racial and ethnicgroups: they are sovereign governments who engage in relations withCongress. This peculiar arrangement has led to frequent legal andpolitical disputes-indeed, the history of American Indians andAmerican law has been one of clashing values and sometimes uneasycompromise. In this clear-sighted account, American Indian scholarN. Bruce Duthu explains the landmark cases in Indian law of thepast two centuries. Exploring subjects as diverse as jurisdictionalauthority, control of environmental resources, and the regulationsthat allow the operation of gambling casinos, American Indiansand the Law gives us an accessible entry point into a vitalfacet of Indian history.
Few books have had as great an impact on intellectual history as Kant's The Moral Law. In its short compass one of the greatest minds in the history of philosophy attempts to identify the fundamental principle 'morality' that governs human action. In strikingly fresh, engaging and idiosyncratic prose Kant carries his readers with him as he seeks 'the supreme principle of morality'. Supported by a clear introduction and detailed summary of the argument, this is not only an essential text for students but also the perfect introduction for any reader who wishes to encounter at first hand the mind of one of the finest and most influential thinkers of all time.
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
Beginning with the story of the forming of the Constitution,this book includes illuminating character sketches of thedelegates, written by their contemporaries. The complete text ofthe Constitution is highlighted, as well as Supreme Courtdecisions, cited because they shed light on Constitutionalproblems.