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.

    As she chronicles the clash of social movements, ideas, and armies that have played a part in this struggle, Ishay illustrates how the history of human rights has evolved from one era to the next through texts, cultural traditions, and creative expression. Writing with verve and extraordinary range, she develops a framework for understanding contemporary issues from the debate over globalization to the intervention in Kosovo to the climate for human rights after September 11, 2001. The only comprehensive history of human rights available, the book will be essential reading for anyone concerned with humankind's quest for justice and dignity.Ishay structures her chapters around six core questions that have shaped human rights debate and scholarship: What are the origins of human rights? Why did the European vision of human rights triumph over those of other civilizations? Has socialism made a lasting contribution to the legacy of human rights? Are human rights universal or culturally bound? Must human rights be sacrificed to the demands of national security? Is globalization eroding or advancing human rights? As she explores these questions, Ishay also incorporates notable documents—writings, speeches, and political statements—from activists, writers, and thinkers throughout history.

    Through the obsessive efforts of its founder's son, Peter Morgan, his father's old-fashioned business has been transformed into a veritable goliath, embracing bankruptcy and merger divisions that Archibald Morgan had deemed ungentlemanly. As Peter reaches the pinnacle of his career, his firm is embroiled in two difficult cases: a pro bono death-penalty case in Virginia, and a class-action lawsuit brought against Hubble Chemical of Texas after an on-site explosion killed dozens of workers. Assigned to these cases is a group of young associates and seasoned partners struggling to make their way in the firm. Mark Clayton, fresh out of law school, is beginning to loathe his dull workload, and to be frightened by the downgrading of his personal life, when he is assigned to the pro bono case. Assisting him is the mercurial Walker Eliot, a brilliant third-year associate whose passion for the law is as great as his skill at unraveling its intricacies. The aggressive, profane, and wildly successful litigator Harold Fineman is leading the Hubble defense, assisted by first-year Katja Phillips, whose twin devotion to productivity and idealism intrigue him, and Ryan Grady, another first-year, whose quest to pick up girls is starting to interfere with his work.In this complex, ambitious, and gripping first novel, Kermit Roosevelt vividly illustrates the subtle and stark effects of the law on the lives not only of a group of lawyers, but also on communities and private citizens. In the Shadow of the Law is a meditation about the life of the law, the organism that is a law firm, and its impact on those who come within its powerful orbit.

    Senator from Massachusetts and bestselling author offers a passionate, inspiring book about why our middle class is under siege and how we can win the fight to save it Senator Elizabeth Warren has long been an outspoken champion of America’s middle class, and by the time the people of Massachusetts elected her in 2012, she had become one of the country’s leading progressive voices. Now, at a perilous moment for our nation, she has written a book that is at once an illuminating account of how we built the strongest middle class in history, a scathing indictment of those who have spent the past thirty-five years undermining working families, and a rousing call to action. Warren grew up in Oklahoma, and she’s never forgotten how difficult it was for her mother and father to hold on at the ragged edge of the middle class. An educational system that offered opportunities for all made it possible for her to achieve her dream of going to college, becoming a teacher, and, later, attending law school. But now, for many, these kinds of opportunities are gone, and a government that once looked out for working families is instead captive to the rich and powerful. Seventy-five years ago, President Franklin Roosevelt and his New Deal ushered in an age of widespread prosperity; in the 1980s, President Ronald Reagan reversed course and sold the country on the disastrous fiction called trickle-down economics. Now, with the election of Donald Trump—a con artist who promised to drain the swamp of special interests and then surrounded himself with billionaires and lobbyists—the middle class is being pushed ever closer to collapse.Written in the candid, high-spirited voice that is Warren’s trademark, This Fight Is Our Fight tells eye-opening stories about her battles in the Senate and vividly describes the experiences of hard-working Americans who have too often been given the short end of the stick. Elizabeth Warren has had enough of phony promises and a government that no longer serves its people—she won’t sit down, she won’t be silenced, and she will fight back.

    In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.

    At the heart of her story and abiding beliefs--her Jewish background. Tikkun olam, the Hebrew injunction to "repair the world," with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school). From Ruth's days as a baton twirler at Brooklyn's James Madison High School, to Cornell University, Harvard and Columbia Law Schools (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women's Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school's first tenured female professor); becoming the director of the women's rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men. Her years on the U.S. Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs--aiming left, swinging right, hitting down the middle. Her years on the Supreme Court . . . A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

    forces in Afghanistan. After he had confessed to being Osama bin Laden's driver, Hamdan was transferred to Guantanamo Bay, and he was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a boyish-looking thirtyfive-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in more than fifty years, were stacked against him--and that is assuming that his superiors didn't expect him to throw the game altogether. Instead, Swift enlisted the help of a young constitutional law professor at Georgetown, Neal Katyal, to help him sue the Bush administration over the legality of the tribunals. In the spring of 2006, Katyal argued the case, Hamdan v. Rumsfeld, before the Supreme Court and won. Written with the full cooperation of Swift and Katyal, Hamdan v. Rumsfeld is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court, as told by a writer for The New York Times Magazine, Jonathan Mahler follows the story both of Swift's relationship with Hamdan, in particular his struggle to keep his client alive in Guantanamo, and of the unprecedented legal case itself. It is a legal thriller in the spirit of A Civil Action, set against the backdrop of the war on terror and the battle over presidential power.

    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

    Designed to check tyrants or defend the nation from a commander-in-chief who refuses to do so, the process of impeachment outlined in the Constitution is what Thomas Jefferson called "the most formidable weapon for the purpose of a dominant faction that was ever contrived." It nullifies the will of voters, the basic foundation of legitimacy for all representative democracies. Only three times has a president's conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders--and in a large sense, for failing to be Abraham Lincoln--yet survived his Senate trial. Richard Nixon resigned in July of 1974 after the House Judiciary Committee approved three articles of impeachment for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 faced trial in the Senate less for that prurient act than for lying under oath about it.In the first book to consider these three presidents alone, and the one thing they have in common, Jeffrey Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than it is a legal verdict. The Constitution states that the president, "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors," leaving room for historical precedent and the temperament of the time to weigh heavily on each case. These three cases highlight factors beyond the president's behavior that impact the likelihood and outcome of an impeachment: the president's relationship with Congress, the power and resilience of the office itself, and the polarization of the moment. This is a realist, rather than hypothetical, view of impeachment that looks to history for clues about its future--with one obvious candidate in mind.

    First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.

    Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices -- Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts -- that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.

    A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt's Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice-and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses-and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri's history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin's Soviet Union, but contends that no-trials, in Guantanamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri'sanalysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices-and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain's most prestigious travel-writing awards-and in doing so, he has created a masterpiece of popular history.

    This edition from The Washington Post/Scribner contains: —The long-awaited Report On The Investigation Into Russian Interference In The 2016 Presidential Election —An introduction by The Washington Post titled “A President, a Prosecutor, and the Protection of American Democracy” —A timeline of the major events of the Special Counsel’s investigation from May 2017, when Robert Mueller was appointed, to the report's delivery —A guide to individuals involved, including in the Special Counsel’s Office, the Department of Justice, the FBI, the Trump Campaign, the White House, the Trump legal defense team, and the Russians —Key documents in the Special Counsel’s investigation, including filings pertaining to General Michael T. Flynn, Paul Manafort, Michael Cohen, Roger Stone, and the Russian internet operation in St. Petersburg. Each document is introduced and explained by Washington Post reporters. One of the most urgent and important investigations ever conducted, the Mueller inquiry focuses on Donald Trump, his presidential campaign, and Russian interference in the 2016 election, and draws on the testimony of dozens of witnesses and the work of some of the country’s most seasoned prosecutors. The special counsel’s investigation looms as a turning point in American history. The Mueller Report is essential reading for all citizens concerned about the fate of the presidency and the future of our democracy.

    That book is The Bramble Bush. After all these years and many imitators, The Bramble Bush remains one of the most popular introductions to the law and its study.Llewellyn introduces students to what the law is, how to read cases, how to prepare for class, and how justice in the real world relates to the law. Although laws change every year, disputes between people haven't altered all that much since Llewellyn first penned The Bramble Bush, and the processof moving from private dispute to legal conflict still follows the patterns he described.Moreover, the steps of a legal dispute, from arguments to verdict, to opinion, to review, to appeal, to opinion have changed little in their significance or their substance. Cases are still the best tools for exploring the interaction of the law with individual questions, and the essence of what lawstudents must learn to do has persisted. If anything, many of the points Llewellyn argued in these lectures were on the dawning horizon then but are in their mid-day fullness now.

    Success leads to opportunity; Robertson has found himself at the heart of a sequence of crucial freedom of expression trials--the Gay News blasphemy trial, the attempt to bust the National theatre over a play in which male rape took place, the arrest of a painter whose chosen subject was bank notes. His account of his career concentrates on these, and on his own entire brilliance in them; he is not a modest man, nor is there any particular reason why he should be, especially given how sharp and witty his accounts are. Robertson has also been involved in other causes cèlebres--he knows all about the Michael X case, and a variety of other capital cases in the Caribbean, and is fascinating on the Matrix Churchill case and the various libel actions around the "cash for questions" sleaze row. Anyone interested in the issues is going to find this a useful book--but the average intelligent reader is going to find the account of courtroom battles a guilty pleasure in itself. --Roz Kaveney