• The Target: Enigma, the German's bafflingly complex enciphering machine. Its code was unbreakable until ULTRA put the key to winning the war in Allied hands.
• The Plan: A devious double-cross to convince the Germans that their cipher is still secure. Making full use of powerful Vatican connections, it entails sending an agent into Nazi-occupied Rome ... and making sure he is caught.
• The Agent: Roberto Rovere, a young Italian-American OSS agent. The Allies have cold-bloodedly plotted every detail of his capture and death except one: the Germans want him to escape — alive.
"What raises this novel above many another World War II yarn is the way Murphy combines political realism and religious idealism to question the deepest ideology of them all, a blind nationalism that justifies all excess in the name of the greater good."
— The Washington Post
"Fascinating and important."
— Andrew M. Greeley, author of The Cardinal Sins
This book is universally considered to be an unusual, fascinating, and well-written observation of the life of a man who was first a war hero and Medal of Honor winner from the Korean War, then Chief Justice of the United States, later a monk reeling from tragedy, and finally elected to be Pope: Pope Francis I, in fact. His exciting life is described by three men who 'knew him well.' The first narrator is a Marine, telling of their time together in Korea. A constitutional scholar and Supreme Court Justice, appalled at the new Chief Justice, narrates the second phase. The third is a Cardinal of the Roman Catholic Church: fat, kind, but distracted. The Marine cares for him the most, the Supreme Court Justice condescends and despises him, and the Cardinal is much more interested in food than his subject. But Declan Walsh was a man who earned the Medal of Honor while ordering the death of friends, ruled pragmatically and energetically on the Court but lost his way to death and neglect, and became a miraculous healer, assassinated for challenging the powers that rule the secular world.
New ebook edition features proper formatting, active and detailed Table of Contents, and linked notes and URLs in Justice Alito's extensive and informative introduction.
What makes this book extraordinary is that it proves itself by paradox — reconciling and weaving together strong, seemingly incompatible elements into a cohesive, memorable work quite unlike any other in recent fiction. Ambitious in length and scope, the stage is nothing less than the contemporary world, its recent history and prophecy; while the focus, from several points of view, is clearly upon a single man — an American — who rises to become Bishop of Rome.
First outlining the sources and instruments — and limitations — of judicial power, the author then shows how policy-oriented justices might take advantage of their power positions to maximize their impact on the formation and execution of public policy. In this book Walter F. Murphy attempts to understand how, under the limitations which the American legal and political systems impose, Supreme Court justices can legitimately act to further their policy objectives. Murphy also considers ethical issues raised by the model of judicial decision-making he describes. Throughout, systematic analysis is supported by prodigious research and fascinating real-world examples over the years and in very different judicial administrations.
The new ebook edition of this foundational work features quality digital formatting, active Contents, linked footnotes and endnotes, and fully linked tables of cases and subject-matter index. Also available in 2016 hardcover and paperback editions from Quid Pro Books.
In Upon this Rock, Murphy humanizes the disciples as never before: they are filled with love for the Master, but like every man they are at times petty, selfish, vain. Peter himself is a man of spacious moods, resenting Jesus' love for John and envying the spiritual power Mary of Magdala's vision of the risen Master brings. And Peter can be crude, angry, and self-pitying, for he is an uneducated man with a tragic past that fuels his nagging spiritual doubt. His faith wavers, even fails, but ultimately triumphs, conquering even the brutal torture of the disciples by the Romans. Upon this rock a church was built, just as the Master envisioned.
Previously published in print by Macmillan and Ballantine paperbacks, this work is now available from Quid Pro Books in a quality, authorized ebook edition, with proper formatting, active and detailed Contents, and the original maps and imagery from the hardcover edition retained in this digital work. Also available in new and modern paperback printing from Quid Pro Books.
An unlikely political star tells the inspiring story of the two-decade journey that taught her how Washington really works—and really doesn't—in A Fighting Chance
As a child in small-town Oklahoma, Elizabeth Warren yearned to go to college and then become an elementary school teacher—an ambitious goal, given her family's modest means. Early marriage and motherhood seemed to put even that dream out of reach, but fifteen years later she was a distinguished law professor with a deep understanding of why people go bankrupt. Then came the phone call that changed her life: could she come to Washington DC to help advise Congress on rewriting the bankruptcy laws?
Thus began an impolite education into the bare-knuckled, often dysfunctional ways of Washington. She fought for better bankruptcy laws for ten years and lost. She tried to hold the federal government accountable during the financial crisis but became a target of the big banks. She came up with the idea for a new agency designed to protect consumers from predatory bankers and was denied the opportunity to run it. Finally, at age 62, she decided to run for elective office and won the most competitive—and watched—Senate race in the country.
In this passionate, funny, rabble-rousing book, Warren shows why she has chosen to fight tooth and nail for the middle class—and why she has become a hero to all those who believe that America's government can and must do better for working families.
by Alexander Hamilton, James Madison, and John Jay
Originally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated, and open to often controversial interpretations, the arguments first presented here by three of America’s greatest patriots and political theorists were created during a critical moment in our nation’s history, providing readers with a running ideological commentary on the crucial issues facing a democracy.
Today The Federalist Papers are as important and vital a rallying cry for freedom as ever. This edition features the original eighteenth-century text, with James Madison’s fascinating marginal notations, as well as a complete text of the Constitution.
The Founders created a new cultural climate that gave wings to the human spirit. They built a free-enterprise culture to encourage industry and prosperity. They gave humanity the needed ingredients for a gigantic 5,000-year leap in which more progress has been made in the past 200 years than all of prior recorded human history. All of this came about because of 28 basic principles the Founders discovered, upon which all free nations must be built in order to succeed.
This eBook includes the original index, footnotes, table of contents and page numbering from the printed format, and also new illustrations.
From the moment John Roberts, the chief justice of the United States, blundered through the Oath of Office at Barack Obama's inauguration, the relationship between the Supreme Court and the White House has been confrontational. Both men are young, brilliant, charismatic, charming, determined to change the course of the nation—and completely at odds on almost every major constitutional issue. One is radical; one essentially conservative. The surprise is that Obama is the conservative—a believer in incremental change, compromise, and pragmatism over ideology. Roberts—and his allies on the Court—seek to overturn decades of precedent: in short, to undo the ultimate victory FDR achieved in the New Deal.
This ideological war will crescendo during the 2011-2012 term, in which several landmark cases are on the Court's docket—most crucially, a challenge to Obama's controversial health-care legislation. With four new justices joining the Court in just five years, including Obama's appointees Sonia Sotomayor and Elena Kagan, this is a dramatically—and historically—different Supreme Court, playing for the highest of stakes.
No one is better positioned to chronicle this dramatic tale than Jeffrey Toobin, whose prize-winning bestseller The Nine laid bare the inner workings and conflicts of the Court in meticulous and entertaining detail. As the nation prepares to vote for President in 2012, the future of the Supreme Court will also be on the ballot.
Today we assume that when the Court rules, the public will obey. But Breyer declares that we cannot take the public’s confidence in the Court for granted. He reminds us that at various moments in our history, the Court’s decisions were disobeyed or ignored. And through investigations of past cases, concerning the Cherokee Indians, slavery, and Brown v. Board of Education, he brilliantly captures the steps—and the missteps—the Court took on the road to establishing its legitimacy as the guardian of the Constitution.
Justice Breyer discusses what the Court must do going forward to maintain that public confidence and argues for interpreting the Constitution in a way that works in practice. He forcefully rejects competing approaches that look exclusively to the Constitution’s text or to the eighteenth-century views of the framers. Instead, he advocates a pragmatic approach that applies unchanging constitutional values to ever-changing circumstances—an approach that will best demonstrate to the public that the Constitution continues to serve us well. The Court, he believes, must also respect the roles that other actors—such as the president, Congress, administrative agencies, and the states—play in our democracy, and he emphasizes the Court’s obligation to build cooperative relationships with them.
Finally, Justice Breyer examines the Court’s recent decisions concerning the detainees held at Guantánamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during World War II. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles.
Making Our Democracy Work is a tour de force of history and philosophy, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come. And it further establishes Justice Breyer as one of the Court’s greatest intellectuals and a leading legal voice of our time.
From the Hardcover edition.
How is it that politicians often enter office with relatively modest assets, but then, as investors, regularly beat the stock market and sometimes beat the most rapacious hedge funds? How did some members of Congress know to dump their stock holdings just in time to escape the effects of the 2008 financial meltdown? And how is it that billionaires and hedge fund managers often make well-timed investment decisions that anticipate events in Washington?
In this powerfully argued book, Peter Schweizer blows the lid off Washington’s epidemic of “honest graft.” He exposes a secret world where members of Congress insert earmarks into bills to improve their own real-estate holdings, and campaign contributors receive billions in federal grants. Nobody goes to jail. Throw Them All Out casts light into the darkest corners of the political system — and offers ways to clean house.
"Throw Them All Out is filled with stories of petty theft and so-called 'honest graft' . . . Unsparingly bipartisan in [its] criticism of Washington . . . Mr. Schweizer has performed a valuable service to his country." — Washington Times
We shrug off this fact as an unfortunate reality. America is the land of the free, after all. Does it really matter whether our politicians bend the truth here and there?
When the truth is traded for lies, our freedoms are diminished and don’t return.
In Lies the Government Told You, Judge Andrew P. Napolitano reveals how America’s freedom, as guaranteed by the U.S. Constitution, has been forfeited by a government more protective of its own power than its obligations to preserve our individual liberties.
“Judge Napolitano’s tremendous knowledge of American law, history, and politics, as well as his passion for freedom, shines through in Lies the Government Told You, as he details how throughout American history, politicians and government officials have betrayed the ideals of personal liberty and limited government."
—Congressman Ron Paul, M.D. (R-TX), from the Foreword
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Packed with news-making disclosures and written with the drive of a legal thriller, Too Close to Call takes us inside James Baker's private jet, through the locked gates to Al Gore's mansion, behind the covered-up windows of Katherine Harris's office, and even into the secret conference room of the United States Supreme Court. As the scene shifts from Washington to Austin and into the remote corners of the enduringly strange Sunshine State, Toobin's book will transform what you thought you knew about the most extraordinary political drama in American history.
The Florida recount unfolded in a kaleidoscopic maze of bizarre concepts (chads, pregnant and otherwise), unfamiliar people in critically important positions (the Florida Supreme Court), and familiar people in surprising new places (the Miami relatives of Elián González, in a previously undisclosed role in this melodrama). With the rich characterization that is his trademark, Toobin portrays the prominent strategists who masterminded the campaigns--the Daleys and the Roves--and also the lesser-known but influential players who pulled the strings, as well as the judges and justices whose decisions determined the final outcome. Toobin gives both camps a treatment they have not yet received--remarkably evenhanded, nonpartisan, and entirely new.
The post-election period posed a challenge to even the most zealous news junkie: how to keep up with what was happening and sort out the important from the trivial. Jeffrey Toobin has now done this--and then some. With clarity, insight, humor, and a deep understanding of the law, he deconstructs the events, the players, and the often Byzantine intricacies of our judicial system. A remarkable account of one of the most significant periods in our country's history, Too Close to Call is endlessly surprising, frequently poignant, and wholly addictive.
From the Trade Paperback edition.
As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor.
The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
America’s Unwritten Constitution presents a bold new vision of the American constitutional system, one in which proper interpretation of the Constitution rests on the interplay between its written and unwritten manifestations, but in which interpretation does not, and cannot, depend wholly on one form or the other. Neither America’s written Constitution nor its unwritten Constitution stands alone, Amar shows, and with each eye-opening example he develops a deeper, more compelling way of thinking about constitutional law than has ever been put forth before—a methodology that looks past the basic text to reveal the diverse influences, supplements, and possibilities that comprise it.
Constitution 3.0 explores some of the most urgent constitutional questions of the near future. Will privacy become obsolete, for example, in a world where ubiquitous surveillance is becoming the norm? Imagine that Facebook and Google post live feeds from public and private surveillance cameras, allowing 24/7 tracking of any citizen in the world. How can we protect free speech now that Facebook and Google have more power than any king, president, or Supreme Court justice to decide who can speak and who can be heard? How will advanced brain-scan technology affect the constitutional right against self-incrimination? And on a more elemental level, should people have the right to manipulate their genes and design their own babies? Should we be allowed to patent new forms of life that seem virtually human? The constitutional challenges posed by technological progress are wide-ranging, with potential impacts on nearly every aspect of life in America and around the world.
The authors include Jamie Boyle, Duke Law School; Eric Cohen and Robert George, Princeton University; Jack Goldsmith, Harvard Law School; Orin Kerr, George Washington University Law School; Lawrence Lessig, Harvard Law School; Stephen Morse, University of Pennsylvania Law School; John Robertson, University of Texas Law School; Christopher Slobogin, Vanderbilt Law School; O. Carter Snead, Notre Dame Law School; Jeffrey Rosen, George Washington University Law School; Benjamin Wittes, Brookings Institution; Tim Wu, Columbia Law School; and Jonathan Zittrain, Harvard Law School.
Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error.
Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.
Whether you just want to know how government works, or you want to get involved to change your country, this simple guide covers all the ins and outs of Congress. It’s a nonpartisan look at Congress that includes forewords by Speaker of the House Dennis Hastert and Senate Minority Leader Tom Daschle. Inside you’ll find easy explanations and helpful tips on how to:Get involved in the democratic process Influence legislation that’s important to you Understa nd Congress and the media Contact your senators and representatives Check out Congress in action, in person Deal with congressional staff
Expert author David Silverberg — Managing Editor and a columnist at the Washington weekly The Hill — takes the mystery out of getting something done in Congress, introducing you to the players and explaining everything from legislation and lobbying to caucuses and coalitions. Written with the citizen advocate in mind, this helpful guide gives regular people the tools and knowledge they need to achieve their aims. Inside, you’ll discover:How the three branches of government work together How to register your opinion with your elected officials How the legislative process works — from idea to law How debates, conferences, and vetoes work How budgeting and appropriations work How to get the most effect from your political contributions How the lobbying process works How to advocate for legislation How to deal with congressional staffers How to make use of congressional services
Getting something done in the messy confusion of democracy and bureaucracy is no easy task. Full of the kind of information and knowledge that Washington insiders take for granted, Congress For Dummies levels the playing field so that regular people — just like you — can make a difference, too.
Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving.
Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.
Learn about acting as your own lawyer in Nolo's easy-to-use,
plain-English guide, Represent Yourself in Court.
book breaks down the trial process into easy-to-understand steps so that
you can act as your own lawyer -- safely and efficiently. Find out what
to say, how to say it -- even where to stand when you address the judge
and jury. Get details on how to:
- file court papers
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- pick a jury
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- present your opening statement and closing argument
- cross-examine hostile witnesses
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- locate, hire and effectively use expert witnesses
- make and respond to your opponent's objections
- get limited help from an attorney as needed
- monitor the work of an attorney if you decide to hire one
you're a plaintiff or a defendant, this book will help you confidently
handle a divorce, personal injury case, landlord/tenant dispute, breach
of contract, small business dispute, or any other civil lawsuit.
edition has been revised with the latest rules and court procedures,
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filing procedures. Plus, you'll get enhanced materials on court
assistance for pro per litigants and an expanded discussion of
self-representation in bankruptcy court.
- Fred Graham, former chief anchor Court TV
Have you ever had the chance to decide the fate of another person? What would you do? In the real-life cases presented to you in this book, you will be the judge and the jury - making the ultimate decision between right and wrong.Can you convict an abused woman who kills her husband because she is afraid he will beat her again? What about a man who helps his best friend commit suicide to avoid a painful death? Would you allow a feeding tube to be removed from a 92-year-old coma victim so she can die peacefully?
Put yourself in the place of the judge or one of the jurors as you read the details of each case. Many of these trials raise questions that go beyond the law to the heart of one's own moral code.
At the end of each case, after rendering your own verdict, you can read on to find out what really happened.
THE CASE IS NOW IN YOUR HANDS.
No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.
Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.
Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
A Kirkus Reviews Best Nonfiction Book of 2013
The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal.
In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views.
Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.
Patashnik peers into some of the most critical arenas of domestic-policy reform--including taxes, agricultural subsidies, airline deregulation, emissions trading, welfare state reform, and reform of government procurement--to identify the factors that enable reform measures to survive. He argues that the reforms that stick destroy an existing policy subsystem and reconfigure the political dynamic. Patashnik demonstrates that sustainable reforms create positive policy feedbacks, transform institutions, and often unleash the ''creative destructiveness'' of market forces.
Reforms at Risk debunks the argument that reforms inevitably fail because Congress is prey to special interests, and the book provides a more realistic portrait of the possibilities and limits of positive change in American government. It is essential reading for scholars and practitioners of U.S. politics and public policy, offering practical lessons for anyone who wants to ensure that hard-fought reform victories survive.
From the Trade Paperback edition.
The fifteenth edition considers the 2014 midterm elections and discusses the agenda of the new Congress, White House–Capitol Hill relations, party and committee leadership changes, judicial appointments, and partisan polarization, as well as covering changes to budgeting, campaign finance, lobbying, public attitudes about Congress, reapportionment, rules, and procedures. Always balancing great scholarship with currency, Congress and Its Members, Fifteenth Edition features lively case material along with relevant data, charts, exhibits, maps, and photos.
Washington is no longer about lawmaking, it’s about moneymaking
Conventional wisdom holds that Washington is broken because outside special interests bribe politicians. The reverse is true: politicians have developed a new set of brass-knuckle legislative tactics designed to extort wealthy industries and donors into forking over big donations — cash that lawmakers often funnel into the pockets of their friends and family.
Inside this best-selling bombshell of a book, Schweizer reveals the exorbitant secret “fees” each political party charges politicians for top committee assignments; how fourteen members of Congress bagged hundreds of thousands of dollars using a little-known self-loan loophole; how politicians use PACs to bankroll lavish lifestyles; and much more. Washington’s extortion racket has gone unreported — until now.
In today’s post-truth political landscape, there is a carefully concealed but ever-growing industry of organized misinformation that exists to create and disseminate lies in the service of political agendas. Ari Rabin-Havt and Media Matters for America present a revelatory history of this industry—which they've dubbed Lies, Incorporated—and show how it has crippled legislative progress on issues including tobacco regulation, public health care, climate change, gun control, immigration, abortion, and same-sex marriage. Eye-opening and indispensable, Lies, Incorporated takes an unflinching look at the powerful network of politicians and special interest groups that have launched coordinated assaults on the truth to shape American politics.
From the Trade Paperback edition.
Barbara Sinclair traces the current ideological divide to changes in the Republican party in the 1970s and 1980s, including the rise of neoconservativism and the Religious Right. Because of these historical developments, Democratic and Republican voters today differ substantially in what they consider good public policy, and so do the politicians they elect.
Polarization has produced institutional consequences in the House of Representatives and in the Senate—witness the majority party’s threat in 2004–2005 to use the “nuclear option” of abolishing the filibuster. The president’s strategies for dealing with Congress have also been affected, raising the price of compromise with the opposing party and allowing a Republican president to govern largely from the ideological right. Other players in the national policy community—interest groups, think tanks, and the media—have also joined one or the other partisan “team.”
Party Wars puts all the parts together to provide the first government-wide survey of the impact of polarization on national politics. Sinclair pinpoints weaknesses in the highly polarized system and offers several remedies.
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.
Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, new material on "electronic discovery" which applies to information stored in computers, including records and emails.
For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.
The book will help you figure out when you should fight your ticket and when you should just pay your fine, how to get your case dismissed, how to prepare your defense in traffic court, and whether you should appeal an unfavorable decision.
Fight Your Ticket & Win in California has been completely updated to reflect the most recent changes in California law and includes the forms you will need to fight your ticket in court.
In this expanded edition of Kindly Inquisitors, a new foreword by George F. Will strikingly shows the book’s continued relevance, while a substantial new afterword by Rauch elaborates upon his original argument and brings it fully up to date. Two decades after the book’s initial publication, while some progress has been made, the regulation of hate speech has grown domestically—especially in American universities—and has spread even more internationally, where there is no First Amendment to serve as a meaningful check. But the answer to bias and prejudice, Rauch argues, is pluralism—not purism. Rather than attempting to legislate bias and prejudice out of existence or to drive them underground, we must pit them against one another to foster a more vigorous and fruitful discussion. It is this process that has been responsible for the growing acceptance of the moral acceptability of homosexuality over the last twenty years. And it is this process, Rauch argues, that will enable us as a society to replace hate with knowledge, both ethical and empirical.
“It is a melancholy fact that this elegant book, which is slender and sharp as a stiletto, is needed, now even more than two decades ago. Armed with it, readers can slice through the pernicious ideas that are producing the still-thickening thicket of rules, codes, and regulations restricting freedom of thought and expression.”—George F. Will, from the foreword
Minnesota Senator Amy Klobuchar has tackled every obstacle she's encountered--her parents' divorce, her father's alcoholism and recovery, her political campaigns and Washington's gridlock--with honesty, humor and pluck. Now, in The Senator Next Door, she chronicles her remarkable heartland journey, from her immigrant grandparents to her middle-class suburban upbringing to her rise in American politics.
After being kicked out of the hospital while her infant daughter was still in intensive care, Klobuchar became the lead advocate for one of the first laws in the country guaranteeing new moms and their babies a 48-hour hospital stay. Later she ran Minnesota's biggest prosecutor's office and in 2006 was the first woman elected to the U.S. Senate from her state. Along the way she fashioned her own political philosophy grounded in her belief that partisan flame-throwing takes no courage at all; what really matters is forging alliances with unlikely partners to solve the nation's problems.
Optimistic, plainspoken and often very funny, The Senator Next Door is a story about how the girl next door decided to enter the fray and make a difference. At a moment when America's government often seems incapable of getting anything done, Amy Klobuchar proves that politics is still the art of the possible.
Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California).
Additional new cases include:
• In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States
• In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King
• In Chapter 6, covering Searches in General: Kentucky v. King
• In Chapter 8, covering Searches With Consent: Fernandez v. California
• In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California
• In Chapter 12, covering Electronic Surveillance: United States v. Jones
• In Chapter 16, covering, Use of Force: Plumhoff v. Rickard
• In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina
• In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas
• In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?
While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.
Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
From the Hardcover edition.
Don Blankenship, head of Massey Energy since the early 1990s, ran an industry that provides nearly half of America's electric power. But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.
As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.
The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.
In Why Washington Won’t Work, Marc J. Hetherington and Thomas J. Rudolph argue that a contemporary crisis of trust—people whose party is out of power have almost no trust in a government run by the other side—has deadlocked Congress. On most issues, party leaders can convince their own party to support their positions. In order to pass legislation, however, they must also create consensus by persuading some portion of the opposing party to trust in their vision for the future. Without trust, consensus fails to develop and compromise does not occur. Up until recently, such trust could still usually be found among the opposition, but not anymore. Political trust, the authors show, is far from a stable characteristic. It’s actually highly variable and contingent on a variety of factors, including whether one’s party is in control, which part of the government one is dealing with, and which policies or events are most salient at the moment.
Political trust increases, for example, when the public is concerned with foreign policy—as in times of war—and it decreases in periods of weak economic performance. Hetherington and Rudolph do offer some suggestions about steps politicians and the public might take to increase political trust. Ultimately, however, they conclude that it is unlikely levels of political trust will significantly increase unless foreign concerns come to dominate and the economy is consistently strong.
If the U.S. Supreme Court teaches us anything, it is that almost everything is open to interpretation. Almost. But what's inarguable is that, while the Court has witnessed a succession of larger-than-life jurists in its two-hundred-year-plus history, it has never seen the likes of Supreme Court Justice Antonin Scalia.
Combative yet captivating, infuriating yet charming, the outspoken jurist remains a source of curiosity to observers across the political spectrum and on both sides of the ideological divide. And after nearly a quarter century on the bench, Scalia may be at the apex of his power. Agree with him or not, Scalia is "the justice who has had the most important impact over the years on how we think and talk about the law," as the Harvard law dean Elena Kagan, now U.S. Solicitor General, once put it.
Scalia electrifies audiences: to hear him speak is to remember him; to read his writing is to find his phrases permanently affixed in one's mind. But for all his public grandstanding, Scalia has managed to elude biographers—until now. In American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia, the veteran Washington journalist Joan Biskupic presents for the first time a detailed portrait of this complicated figure and provides a comprehensive narrative that will engage Scalia's adherents and critics alike. Drawing on her long tenure covering the Court, and on unprecedented access to the justice, Biskupic delves into the circumstances of his rise and the formation of his rigorous approach to the bench. Beginning with the influence of Scalia's childhood in a first-generation Italian American home, American Original takes us through his formative years, his role in the Nixon-Ford administrations, and his trajectory through the Reagan revolution. Biskupic's careful reporting culminates with the tumult of the contemporary Supreme Court—where it was and where it's going, with Scalia helping to lead the charge.
Even as Democrats control the current executive and legislative branches, the judicial branch remains rooted in conservatism. President Obama will likely appoint several new justices to the Court—but it could be years before those appointees change the tenor of the law. With his keen mind, authoritarian bent, and contentious rhetorical style, Scalia is a distinct and persuasive presence, and his tenure is far from over. This new book shows us the man in power: his world, his journey, and the far-reaching consequences of the transformed legal landscape.
uring Chief Justice Roberts’s first seven terms on the Supreme Court of the United States, he distinguished himself as a fair-minded jurist and a true constitutional scholar—a man seemingly committed to the rule of law and to core constitutional principles. That hard-earned distinction was turned on its head when, on June 28, 2012, the Chief Justice—writing for a five-to-four majority in National Federation of Independent Businesses v. Sebilius—essentially re-wrote key provisions of Obamacare in order to uphold the law, and allow it to be approved, in the face of a justified constitutional challenge.
Now United States Senator Mike Lee presents a conservative critique of this controversial ruling, and explains why John Roberts in particular was wrong to vote to preserve the act. In an attempt to be perceived as fair in the mainstream media, Roberts allowed himself to be swayed by outside influences -- influences to which a Supreme Court justice is supposed to be absolutely immune. Not only that, Senator Lee explains, Roberts conceded that much of the Obamacare act was unconstitutional; yet he instructed states simply to ignore those parts, instead of recognizing that those parts made the entire act invalid.
A smart, fair and evenhanded argument, Why John Roberts Was Wrong provides a definitive, concise argument against Obamacare.
We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.
Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president.
From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans.
We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.
Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.
An eye-opening account of how Congress today really works—and how it doesn’t— Act of Congress focuses on two of the major players behind the sweeping financial reform bill enacted in response to the Great Crash of 2008: colorful, wisecracking congressman Barney Frank, and careful, insightful senator Christopher Dodd, both of whom met regularly with Robert G. Kaiser during the eighteen months they worked on the bill. In this compelling narrative, Kaiser shows how staffers play a critical role, drafting the legislation and often making the crucial deals. Kaiser’s rare insider access enabled him to illuminate the often-hidden intricacies of legislative enterprise and shows us the workings of Congress in all of its complexity, a clearer picture than any we have had of how Congress works best—or sometimes doesn’t work at all.
Gingrich’s “Contract with America” set in motion a vicious cycle, Schaller contends: as the GOP became more conservative, it became more Congress-centered, and as its congressional wing grew more powerful, the party grew more conservative. This dangerous loop, unless broken, may signal a future of increasing radicalization, dependency on a shrinking pool of voters, and less viability as a true national party. In a thought-provoking conclusion, the author discusses repercussions of the GOP decline, among them political polarization and the paralysis of the federal government.