Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

    Russ Roberts argues that the true underlying cause of the mess was the past bailouts of large financial institutions that allowed these institutions to gamble carelessly because they were effectively using other people’s money. The author warns that despite the passage of Dodd-Frank, it is widely believed that we have done nothing to eliminate ‘Too Big to Fail.’ That perception allows the largest financial institutions to continue to gamble with taxpayer money.

    "Storming the Court" takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantanamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, "Storming the Court" follows the students from the classrooms at Yale to the prison camp at Guantanamo to the federal courts in NewYork and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.At a time when the treatment of post-9/11 Guantanamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, "Storming the Court" is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.

    It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present.In Garner's view, good writing is good thinking put to paper. Never write a sentence that you couldn't easily speak, he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words (Strike pursuant to from your vocabulary.), quoting authority, citing sources, and designing a document that looks as impressive as it reads.Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence.Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

    He explains why the United States is now the "borrower and spender of last resort," makes the case that this is an untenable arrangement, and argues that global economic security depends on the ability of emerging economies to develop robust financial systems based on domestic currencies.Sharply and clearly argued, Wolf’s prescription for fixing global finance illustrates why he has been described as "the world's preeminent financial journalist."

    Tribe.

    But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times

    Posner's "Law and Literature" has handily lived up to the "Washington Post's" prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" ("Wall Street Journal").

    Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works. With supporting documents available on http://volokh.com/writing, the book helps law students and everyone else involved in academic legal writing: professors save time and effort communicating basic points to students; law schools satisfy the American Bar Association's second- and third-year writing requirements; and law reviews receive better notes from their staff.

    These distinctive characteristics earned the book its reputation for effectiveness: - highly respected author, whose best-selling Civil Procedure: Examples & Explanations has been a lifesaver for first-year students- uniquely entertaining writing style that captures and holds student interest- coverage of the standard topics from most Torts courses -- intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct- three-chapter section on Taking a Torts Essay Exam supplies guidance, tips, and sample exam questions and answersThe Third Edition introduces important material: - two new chapters on Products Liability, one on theories of recovery in strict products liability cases and one on common defenses to strict products liability claims- completely updated text, with citations reflecting the most current law

    In 2020, we were all looking for solutions and this book was right on time. It is one we should all be reading." —Anita Hill"This standout memoir marks a crucial moment in the discussion of what constitutes a violent crime."—Publishers Weekly, Best Books of 2020 She Said meets Know My Name in Michelle Bowdler's provocative debut, telling the story of her rape and recovery while interrogating why one of society's most serious crimes goes largely uninvestigated.The crime of rape sizzles like a lightning strike. It pounces, flattens, destroys. A person stands whole, and in a moment of unexpected violence, that life, that body is gone.Award-winning writer and public health executive Michelle Bowdler's memoir indicts how sexual violence has been addressed for decades in our society, asking whether rape is a crime given that it is the least reported major felony, least successfully prosecuted, and fewer than 3% of reported rapes result in conviction. Cases are closed before they are investigated and DNA evidence sits for years untested and disregardedRape in this country is not treated as a crime of brutal violence but as a parlor game of he said / she said. It might be laughable if it didn’t work so much of the time. Given all this, it seems fair to ask whether rape is actually a crime.In 1984, the Boston Sexual Assault Unit was formed as a result of a series of break-ins and rapes that terrorized the city, of which Michelle’s own horrific rape was the last. Twenty years later, after a career of working with victims like herself, Michelle decides to find out what happened to her case and why she never heard from the police again after one brief interview. Is Rape a Crime? is an expert blend of memoir and cultural investigation, and Michelle's story is a rallying cry to reclaim our power and right our world.

    To give your students a full understanding of challenging concepts, require or recommend CONTRACTS: Examples and Explanations, Third Edition for your next course.

    The closest thing he had to a job was eating his parents’ food, sitting on his parents’ couch, and watching The Price is Right. An amateur magician, he spent the rest of his time practicing card tricks and rope tricks. And though he could tie four different slipknots, the necktie posed some difficulties.Rick’s father, a successful Michigan attorney, told Rick it was time to move out and enter the real world. Rick certainly wasn’t going to get a job, so he went to law school instead.This is the story of Rick’s journey from childhood to lawyerhood.In Lawyer Boy, Rick uses the skills he developed as a magician to succeed in class, and learns how to become a lawyer without becoming his father. His journey through law school was exhausting, exciting, and infuriating, and, the way he tells it, so funny it’s criminal.

    Set in the United States, it pictures a society in which human problems are solved by a scientific technology of human conduct.

    Darwin, after all, was a naturalist, not an economist. But Robert Frank, New York Times economics columnist and best-selling author of The Economic Naturalist, predicts that within the next century Darwin will unseat Smith as the intellectual founder of economics. The reason, Frank argues, is that Darwin's understanding of competition describes economic reality far more accurately than Smith's. And the consequences of this fact are profound. Indeed, the failure to recognize that we live in Darwin's world rather than Smith's is putting us all at risk by preventing us from seeing that competition alone will not solve our problems.Smith's theory of the invisible hand, which says that competition channels self-interest for the common good, is probably the most widely cited argument today in favor of unbridled competition--and against regulation, taxation, and even government itself. But what if Smith's idea was almost an exception to the general rule of competition? That's what Frank argues, resting his case on Darwin's insight that individual and group interests often diverge sharply. Far from creating a perfect world, economic competition often leads to "arms races," encouraging behaviors that not only cause enormous harm to the group but also provide no lasting advantages for individuals, since any gains tend to be relative and mutually offsetting.The good news is that we have the ability to tame the Darwin economy. The best solution is not to prohibit harmful behaviors but to tax them. By doing so, we could make the economic pie larger, eliminate government debt, and provide better public services, all without requiring painful sacrifices from anyone. That's a bold claim, Frank concedes, but it follows directly from logic and evidence that most people already accept.