Book picks similar to
Enhancing Government: Federalism for the 21st Century by Erwin Chemerinsky


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The Cult of the Constitution


Mary Anne Franks - 2019
    The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy.Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential. Economic and civil libertarianism have increasingly merged to produce a deregulatory, "free-market" approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The worship of guns, speech, and the Internet in the name of the Constitution has blurred the boundaries between conduct and speech and between veneration and violence.But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

Mighty Justice: My Life in Civil Rights


Dovey Johnson Roundtree - 2019
    From the streets of Charlotte, North Carolina, to the segregated courtrooms of the nation’s capital; from the male stronghold of the army where she broke gender and color barriers to the pulpits of churches where women had waited for years for the right to minister—in all these places, Dovey Johnson Roundtree sought justice. At a time when African American attorneys had to leave the courthouses to use the bathroom, Roundtree took on Washington’s white legal establishment and prevailed, winning a 1955 landmark bus desegregation case that would help to dismantle the practice of “separate but equal” and shatter Jim Crow laws. Later, she led the vanguard of women ordained to the ministry in the AME Church in 1961, merging her law practice with her ministry to fight for families and children being destroyed by urban violence. Dovey Roundtree passed away in 2018 at the age of 104. Though her achievements were significant and influential, she remains largely unknown to the American public. Mighty Justice corrects the historical record.

The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic


Ganesh Sitaraman - 2017
    A New York Times Notable Book of 2017For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable--and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America's republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic?The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

Hate: Why We Should Resist It with Free Speech, Not Censorship


Nadine Strossen - 2018
    The emergence of the alt-right alone has fueled a marked increase in racist and anti-Semitic speech. Given its potential for harm, should this speech be banned? Nadine Strossen's HATE dispels the many misunderstandings that have clouded the perpetual debates about "hate speech vs. free speech." She argues that an expansive approach to the First Amendment is most effective at promoting democracy, equality, and societal harmony.Proponents of anti-hate speech laws stress the harms that they fear such speech might lead to: discrimination, violence, and psychic injuries. However, there has been no rigorous analysis to date of whether the laws effectively counter the feared harms. This book fills that gap, examining our actual experience with such laws. It shows that they are not effective in reducing the feared harms, and worse yet, are likely counterproductive. Even in established democracies, enforcement officials use the power these laws give them to suppress vital expression and target minority viewpoints, as was the case in earlier periods of U.S. history. The solution instead, as Strossen shows, is to promote equality and societal harmony through the increasingly vibrant "counterspeech" activism that has been flourishing on U.S. college campuses and in some global human rights movements. Strossen's powerful argument on behalf of free expression promises to shift the debate around this perennially contentious topic.

Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights


Thom Hartmann - 2002
    He begins by uncovering an original eyewitness account of the Boston Tea Party and demonstrates that it was provoked not by "taxation without representation" as is commonly suggested but by the specific actions of the East India Company, which represented the commericial interests of the British elite.Hartmann then describes the history of the Fourteenth Amendment--created at the end of the Civil War to grant basic rights to freed slaves--and how it has been used by lawyers representing corporate interests to extend additional rights to businesses far more frequently than to freed slaves. Prior to 1886, corporations were referred to in U.S. law as "artificial persons." but in 1886, after a series of cases brought by lawyers representing the expanding railroad interests, the Supreme Court ruled that corporations were "persons" and entitled to the same rights granted to people under the Bill of Rights. Since this ruling, America has lost the legal structures that allowed for people to control corporate behavior.As a result, the largest transnational corporations fill a role today that has historically been filled by kings. They control most of the world's wealth and exert power over the lives of most of the world's citizens. Their CEOs are unapproachable and live lives of nearly unimaginable wealth and luxury. They've become the rudder that steers the ship of much human experience, and they're steering it by their prime value--growth and profit and any expense--a value that has become destructive for life on Earth. This new feudalism was not what our Founders--Federalists and Democratic Republicans alike--envisioned for America.It's time for "we, the people" to take back our lives. Hartmann proposes specific legal remedies that could truly save the world from political, economic, and ecological disaster.

Lawless: A lawyer's unrelenting fight for justice in one of the world's most dangerous places


Kimberley Motley - 2019
    She was 32 years old at the time, a former Mrs. Wisconsin (she'd entered the contest on a dare) and a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in the projects in one of the most dangerous cities in America, a fundamental belief in everyone's right to justice - whether you live in Milwaukee, New York or Kabul - and a kick-ass approach to practising law that has made her a legend in the archaic, misogynistic and deeply conservative environment of Afghanistan. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in the courts of Afghanistan. Her legal work swiftly morphed into a personal mission - to bring "justness" to the defenceless and voiceless.In the space of two years, Kimberley established herself as an expert on Afghanistan's fledgling criminal justice system, steeped in the country's complex laws but equally adept at wielding religious law in the defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who have become subject to often appalling miscarriages of justice. Kimberley's story is both the memoir of an extraordinary woman fighting in one of the most dangerous countries in the world, and a page-turning non-fiction legal thriller.

Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions


Mark Godsey - 2017
    Drawing upon stories from his own career, Godsey shares how innate psychological flaws in judges, police, lawyers, and juries coupled with a "tough on crime" environment can cause investigations to go awry, leading to the convictions of innocent people.In Blind Injustice, Godsey explores distinct psychological human weaknesses inherent in the criminal justice system--confirmation bias, memory malleability, cognitive dissonance, bureaucratic denial, dehumanization, and others--and illustrates each with stories from his time as a hard-nosed prosecutor and then as an attorney for the Ohio Innocence Project.He also lays bare the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials influence how they view cases? How can defense attorneys support clients when many are overworked and underpaid? And how do juries overcome bias leading them to believe that police and expert witnesses know more than they do about what evidence means?This book sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, Godsey recommends structural, procedural, and attitudinal changes aimed at restoring justice to the criminal justice system.

Law and Disorder: Confessions of a Pupil Barrister


Tim Kevan - 2010
    He has just one year to win, by foul means or fair, the sought-after prize of a tenancy in chambers. Competition is fierce, but, armed with a copy of Sun Tzu's 'The Art of War', BabyBarista launches a no-holds barred fight to the death to claim the prize.

The Discipline of Law


Alfred Thompson Denning - 1979
    They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.

Nullification: How to Resist Federal Tyranny in the 21st Century


Thomas E. Woods Jr. - 2010
    But what can we do? Actually, we can just say “no.” As New York Times bestselling author Thomas E. Woods, Jr., explains, “nullification” allows states to reject unconstitutional federal laws. For many tea partiers nationwide, nullification is rapidly becoming the only way to stop an over-reaching government drunk on power. From privacy to national healthcare, Woods shows how this growing and popular movement is sweeping across America and empowering states to take action against Obama’s socialist policies and big-government agenda.

Law and Revolution


Harold J. Berman - 1983
    Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

The Rebel: A Biography of Ram Jethmalani


Susan Adelman - 2014
    With a career spanning the entire history of independent India and still going strong, he has managed to command respect and evoke anger in equal measure. But did you know that he is the most pro-Israel politician in Asia one of the founders of the prestigious National School of Law, Bangalore one of the first to raise the issue of corruption in India, founder of the Sunday Guardian in the late eighties, one of the longest-serving parliamentarians and that he is married to two wives at the same time? In The Rebel, A Biography of Ram Jethmalani, Susan Adelman, a longtime friend, presents the most updated, authentic and detailed account of his life. Peppered with personal accounts, unknown facets of his life and insider titbits, the book reveals the man behind the larger than life persona of Ram Jethmalani.

From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality


Michael J. Klarman - 2004
    In a highlyprovocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought raceissues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisionsdo, in fact, matter.

So Help Me God


Larry D. Thompson - 2004
    Lord “The courtroom drama and testimony are brilliantly conceived and carried out…a thoughtful, complex and timely novel, a compelling story one is loath to put aside to do one’s daily work.”—Galveston Daily News "So Help Me God is not only a page-turner but a warning as well. Through a deft, fascinating storyline Larry D. Thompson shows us what can happen here if we're not careful."—Ed Gorman“So Help Me God is an exciting legal thriller that takes the reader on a sizzling ride as a courtroom becomes the battlefield over one of the most controversial social issues of our time. Not since the Scopes Monkey Trial has a man of religion and a man of ideas clashed so dramatically and brilliantly in a courtroom.” –Junius Podrug, award winning author of Presumed Guilty“I don’t think I have ever read anything quite so compelling. Everything was woven together beautifully and could only have been done so by someone who had actually lived through similar experiences in the courtroom.”—pennyterk.com“Move over John Grisham!”—Denton A. Cooley, MD, world-renowned pioneer heart surgeon“Seldom does a first effort at courtroom fiction find itself in the class of such notables as Inherit the Wind, The Verdict, and The Rainmaker. But Larry Thompson’s So Help Me God belongs there. I predict it will become a modern day classic courtroom tale.”—Jim Perdue, Sr., nationally renowned trial lawyer and author of I Remember Atticus“I hated to finish that last page of So Help Me God…the courtroom scenes are both realistic and spell-binding.”—Hartley Hampton, past president of the Texas Trial Lawyers AssociationAbout the AuthorA veteran Texas trial lawyer, LARRY D. THOMPSON has drawn upon decades of experience in the courtroom to produce his first novel, So Help Me God. Thompson, a one-time journalism major who used his talent for writing to excel at the University of Texas School of Law, is now managing partner of the Houston trial firm he founded. Recently honored by Texas Monthly Magazine as a "Texas Super Lawyer," he is the proud father of three grown children, an active golfer, SCUBA diver, runner, and outdoor enthusiast. His biggest inspiration both in life and literature is his late brother, best-selling author Thomas Thompson.

Her Body, Our Laws: On the Front Lines of the Abortion War, from El Salvador to Oklahoma


Michelle Oberman - 2018
    Oberman reveals the practical challenges raised by a thriving black market in abortion drugs, as well as the legal challenges to law enforcement. She describes a system in which doctors and lawyers collaborate in order to identify and prosecute those suspected of abortion-related crimes, and the troubling results of such collaboration: mistaken diagnoses, selective enforcement, and wrongful convictions.Equipped with this understanding, Oberman turns her attention to the United States, where the battle over abortion is fought almost exclusively in legislatures and courtrooms. Beginning in Oklahoma, one of the most pro-life states, and through interviews with current and former legislators and activists, she shows how Americans voice their moral opposition to abortion by supporting laws that would restrict it. In this America, the law is more a symbol than a plan.Oberman challenges this vision of the law by considering the practical impact of legislation and policies governing both motherhood and abortion. Using stories gathered from crisis pregnancy centers and abortion clinics, she unmasks the ways in which the law already shapes women's responses to unplanned pregnancy, generating incentives or penalties, nudging pregnant women in one direction or another.In an era in which every election cycle features a pitched battle over abortion's legality, Oberman uses her research to expose the limited ways in which making abortion a crime matters. Her insight into the practical consequences that will ensue if states are permitted to criminalize abortion calls attention to the naive and misguided nature of contemporary struggles over abortion's legality.A fresh look at the battle over abortion law, Her Body, Our Laws is an invitation to those on all sides of the issue to move beyond the incomplete discourse about legality by understanding how the law actually matters.