Book picks similar to
Active Liberty: Interpreting Our Democratic Constitution by Stephen G. Breyer
law
non-fiction
politics
nonfiction
Utilitarianism
John Stuart Mill - 1861
The speech is significant both because its topic remains timely and because its arguments illustrate the applicability of the principle of utility to questions of large-scale social policy.
The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives
Jesse Eisinger - 2017
The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).
Original Intent: The Courts, the Constitution, & Religion
David Barton - 1996
Filled with hundreds of the Founders' quotes revealing their beliefs on the role of religion in public affairs, the proper role of the courts, the intended limited scope of federal powers, and numberous other current issues.
The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America
Thomas Healy - 2013
After all, the First Amendment proudly proclaims that Congress can make no law abridging the freedom of speech. But well into the twentieth century, that right was still an unfulfilled promise, with Americans regularly imprisoned merely for protesting government policies. Indeed, our current understanding of free speech comes less from the First Amendment itself than from a most unlikely man: the Supreme Court justice Oliver Wendell Holmes. A lifelong conservative, he disdained all individual rights. Yet in 1919, it was Holmes who wrote a court opinion that became a canonical statement for free speech as we know it.Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and memos, the law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech skeptic 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.
Cyberwar: The Next Threat to National Security & What to Do About It
Richard A. Clarke - 2010
Clarke sounds a timely and chilling warning about America’s vulnerability in a terrifying new international conflict—Cyber War! Every concerned American should read this startling and explosive book that offers an insider’s view of White House ‘Situation Room’ operations and carries the reader to the frontlines of our cyber defense. Cyber War exposes a virulent threat to our nation’s security. This is no X-Files fantasy or conspiracy theory madness—this is real.
Strange Justice: The Selling of Clarence Thomas
Jane Mayer - 1994
Drawing on hundreds of interviews and scores of documents never seen before, Mayer and Abramson demonstrate that the political machinations that assured Thomas's ascension to the Court went far beyond what was revealed to the public: Several witnesses were prepared but not allowed to testify in support of Anita Hill's specific allegations about Thomas's pronounced interest in sexually explicit materials.; Republican Judiciary Committee members manipulated the FBI and misled the American public into believing that Hill was fabricating testimony during the televised hearings.; Clarence Thomas mythologized certain elements of his upbringing and career to draw attention away fr
A Thousand Small Sanities: The Moral Adventure of Liberalism
Adam Gopnik - 2019
The crisis of democracy in our era has produced a crisis of faith in liberal institutions and, even worse, in liberal thought. A Thousand Small Sanities is a manifesto rooted in the lives of people who invented and extended the liberal tradition. Taking us from Montaigne to Mill, and from Middlemarch to the civil rights movement, Adam Gopnik argues that liberalism is not a form of centrism, nor simply another word for free markets, nor merely a term denoting a set of rights. It is something far more ambitious: the search for radical change by humane measures. Gopnik shows us why liberalism is one of the great moral adventures in human history -- and why, in an age of autocracy, our lives may depend on its continuation.
Justice: What's the Right Thing to Do?
Michael J. Sandel - 2009
In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Just and Unjust Wars: A Moral Argument With Historical Illustrations
Michael Walzer - 1976
He studies a variety of conflicts over the course of history, as well as the testimony of those who have been most directly involved--participants, decision makers, and victims. In his introduction to this new edition, Walzer specifically addresses the moral issues surrounding the war in and occupation of Iraq, reminding us once again that "the argument about war and justice is still a political and moral necessity."
The Common Law
Oliver Wendell Holmes Jr. - 1963
(1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.
The Future of Freedom: Illiberal Democracy at Home and Abroad
Fareed Zakaria - 2003
With an easy command of history, philosophy and current affairs, 'The Future of Freedom' calls for a restoration of the balance between liberty and democracy, and shows how liberal democracy has to be made effective and relevant for our time.
The Concept of Law
H.L.A. Hart - 1961
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.
Hot, Flat, and Crowded: Why We Need a Green Revolution – and How It Can Renew America
Thomas L. Friedman - 2008
Friedman speaks to America's urgent need for national renewal and explains how a green revolution can bring about both a sustainable environment and a sustainable America. Friedman explains how global warming, rapidly growing populations, and the expansion of the world’s middle class through globalization have produced a dangerously unstable planet--one that is "hot, flat, and crowded." In this Release 2.0 edition, he also shows how the very habits that led us to ravage the natural world led to the meltdown of the financial markets and the Great Recession. The challenge of a sustainable way of life presents the United States with an opportunity not only to rebuild its economy, but to lead the world in radically innovating toward cleaner energy. And it could inspire Americans to something we haven't seen in a long time--nation-building in America--by summoning the intelligence, creativity, and concern for the common good that are our greatest national resources. Hot, Flat, and Crowded is classic Thomas L. Friedman: fearless, incisive, forward-looking, and rich in surprising common sense about the challenge--and the promise--of the future.
Ruth Bader Ginsburg: A Life
Jane Sherron De Hart - 2018
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.
The Second Amendment
Michael Waldman - 2014
Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.