Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost.Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a presumption of liberty to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people.As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond.

    Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.

    Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey A. Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. The volume of federal crimes in recent decades has increased well beyond the statute books and into the morass of the Code of Federal Regulations, handing federal prosecutors an additional trove of vague and exceedingly complex and technical prohibitions to stick on their hapless targets. The dangers spelled out in Three Felonies a Day do not apply solely to “white collar criminals,” state and local politicians, and professionals. No social class or profession is safe from this troubling form of social control by the executive branch, and nothing less than the integrity of our constitutional democracy hangs in the balance.

    The radical decisions about how to combat terrorists and strengthen national security were made in a state of utter chaos and fear, but the key players, Vice President Dick Cheney and his powerful, secretive adviser David Addington, used the crisis to further a long held agenda to enhance Presidential powers to a degree never known in U.S. history, and obliterate Constitutional protections that define the very essence of the American experiment.The Dark Side is a dramatic, riveting, and definitive narrative account of how the United States made terrible decisions in the pursuit of terrorists around the world-- decisions that not only violated the Constitution to which White House officials took an oath to uphold, but also hampered the pursuit of Al Qaeda. In gripping detail, acclaimed New Yorker writer and bestselling author, Jane Mayer, relates the impact of these decisions—U.S.-held prisoners, some of them completely innocent, were subjected to treatment more reminiscent of the Spanish Inquisition than the twenty-first century.The Dark Side will chronicle real, specific cases, shown in real time against the larger tableau of what was happening in Washington, looking at the intelligence gained—or not—and the price paid. In some instances, torture worked. In many more, it led to false information, sometimes with devastating results. For instance, there is the stunning admission of one of the detainees, Sheikh Ibn al-Libi, that the confession he gave under duress—which provided a key piece of evidence buttressing congressional support of going to war against Iraq--was in fact fabricated, to make the torture stop.In all cases, whatever the short term gains, there were incalculable losses in terms of moral standing, and our country's place in the world, and its sense of itself. The Dark Side chronicles one of the most disturbing chapters in American history, one that will serve as the lasting legacy of the George W. Bush presidency.

    After dropping out of the 2016 presidential race, Chris Christie stunned the political world by becoming the first major official to endorse Donald Trump. A friend of Trump's for fifteen years, the two-term New Jersey governor understood the future president as well as anyone in the political arena--and Christie quickly became one of Trump's most trusted advisers. Tapped with running Trump's transition team, Christie was nearly named his running mate. But within days of Trump's surprise victory over Hillary Clinton, Christie was in for his own surprise: he was being booted out. In Let Me Finish, Christie sets the record straight about his tenure as a corruption-fighting prosecutor and a Republican running a Democratic state, as well as what really happened on the 2016 campaign trail and inside Trump Tower. Christie takes readers inside the ego-driven battles for Trump's attention among figures like Steve Bannon, Corey Lewandowksi, Reince Priebus, Kellyanne Conway, Jeff Sessions, and Paul Manafort. He shows how the literal trashing of Christie's transition plan put the new administration in the hands of self-serving amateurs, all but guaranteeing the Trump presidency's shaky start. Christie also addresses hot-button issues from his own years in power, including what really went down during Bridgegate. And, for the first time, Christie tells the full story of the Kushner saga: how, as a federal prosecutor, Christie put Jared Kushner's powerful father behind bars--a fact Trump's son-in-law makes Christie pay for later. Packed with news-making revelations and told with the kind of bluntness few politicians can match, Christie's memoir is an essential guide to understanding the Trump presidency.

    natural resource policies and collaborative ecosystem management, and the role of economics and market incentives in environmental policy. Incorporating analysis of the eight years under George W. Bush and a look ahead to the Barack Obama administration, all chapters include new scholarship, case studies, poll data, court rulings, congressional actions, agency decisions, and other events at the international, national, state, and local levels. With its clear, engaging writing, this tried and true reader makes great environmental research and scholarship accessible to an undergraduate audience.Environmental Policy includes new coverage of:national energy policyclimate changeimplementation of the Endangered Species Actexploration for oil and natural gas on public landsecosystem managementthe role of science in environmental policycourt decisions that challenge administrative rulemakingthe greening of industryurban sustainability initiativesthe environmental effects of national security decisionseconomic development and the environment

    Contains the most helpful version of Hobbes's political and moral philosophy available in English. Includes the only English translation of De Homine, chapters X-XV. Features the English translation of De Cive attributed to Hobbes.

    Yet in arenas that range from the battlefield of abortion to the information highway, privacy is under siege. In this eye-opening and sometimes hair-raising book, Alderman and Kennedy survey hundreds of recent cases in which ordinary citizens have come up against the intrusions of government, businesses, the news media, and their own neighbors. At once shocking and instructive, up-to-date and rich in historical perspective, The Right to Private is an invaluable guide to one of the most charged issues of our time."Anyone hoping to understand the sometimes precarious state of privacy in modern America should start by reading this book."--Washington Post Book World"Skillfully weaves together unfamiliar, dramatic case histories...a book with impressive breadth."--Time

    This book dramatically chronicles the significant events that led Morris Dees to the front lines of the civil rights struggle and his ongoing crusade against hate groups.This is the story of the courageous and often lonely journey of a skilled and controversial trail lawyer whose career has paralleled a nation's struggle to ensure freedom and equality for all its citizens.

    It seeks to briefly narrate the story of how our Parliament came to its present form, what it is, what it does, why it is needed, how it is constituted and how it functions. In fact, it covers the entire gamut of facts pertaining to the Indian Parliament. The concluding chapter is a resume of the working of Parliament during the last half-a-century and more.

    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

    Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.

    The legal system is becoming an incomprehensible farce. How did this happen?In The Nonsense Factory, Bruce Cannon Gibney shows that over the past seventy years, the legal system has dangerously confused quantity with quality and might with legitimacy. As the law bloats into chaos, it staggers on only by excusing itself from the very commands it insists that we obey, leaving Americans at the mercy of arbitrary power. By examining the system as a whole, Gibney shows that the tragedies often portrayed as isolated mistakes or the work of bad actors -- police misconduct, prosecutorial overreach, and the outrages of imperial presidencies -- are really the inevitable consequences of law's descent into lawlessness.The first book to deliver a lucid, comprehensive overview of the entire legal system, from the grandeur of Constitutional theory to the squalid workings of Congress, The Nonsense Factory provides a deeply researched and witty examination of America's state of legal absurdity, concluding with sensible options for reform.

    Today, however, punishing rents and the increasingly prohibitive cost of ownership have turned housing into the foremost symbol of inequality and an economy gone wrong. Nowhere is this more visible than in the San Francisco Bay Area, where fleets of private buses ferry software engineers past the tarp-and-plywood shanties where the homeless make their homes. The adage that California is a glimpse of the nation's future has become a cautionary tale.With propulsive storytelling and ground-level reporting, New York Times journalist Conor Dougherty chronicles America's housing crisis from its West Coast epicenter, peeling back the decades of history and economic forces that brought us here and taking readers inside the activist uprisings that have risen in tandem with housing costs. To tell this new story of housing, Dougherty follows a struggling math teacher who builds a political movement dedicated to ending single-family-house neighborhoods. A teenaged girl who leads her apartment complex against their rent-raising landlord. A nun who tries to outmaneuver private equity investors by amassing a multimillion-dollar portfolio of affordable homes. A suburban bureaucrat who roguishly embraces density in response to the threat of climate change. A developer who manufactures homeless housing on an assembly line.Sweeping in scope and intimate in detail, Golden Gates definitively captures a fundamental political realignment in America as it plays out during a moment of rapid technological and social change.

    Few, then, would describe the writing of it as a process fraught with highly improbable circumstances, coincidences, compromises, and largely unexpected outcomes. As Benjamin Franklin keenly observed, any assembly of men, no matter how talented, bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that—inevitably—they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup: The Making of the United States Constitution tells the story of how the Framers' interests shaped the constitution, and what that means for our use of the document today.The Philadelphia convention could easily have been a failure, or not happened at all. Without the heroic efforts of James Madison, George Washington's last-minute decision to attend, and the countless negotiations in the midst of debate and gridlock, the constitution we know today may never have been ratified. Had anything gone wrong and the convention been dissolved without consensus, any number of events may have occurred, such as a civil war, or reversion to monarchy. Klarman's narration of these events is full of colorful characters and riveting stories: the rebellion by debtor farmers in Massachusetts; the deal that induced John Hancock to support ratification; the secretive dealings of Alexander Hamilton and John Jay at the New York ratifying convention that produced an improbable victory. The constitution, he shows, was not created by rousing national consensus—an impractical concept at the time—but by the personal preferences of its creators. Moreover, the convention produced a constitution very different from what most Americans anticipated. How did the Framers convince Americans to approve a scheme so unrepresentative of national opinion? And to what extent should Americans rely on it today?Towards the end of his life, Thomas Jefferson noted that each generation has "a right to choose for itself the form of government it believes most promotive of its own happiness," and that constitutions should not be deemed, "too sacred to be touched." As Jefferson would have recognized, and as Klarman depicts in this captivating retelling of one of America's most famous stories, the Constitution is and has always been used as a tool to defend particular interests, and its sanctity should not go unchallenged.