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The Law
Frédéric Bastiat - 1849
More specifically, the problem of law that itself violates law is an insurmountable conundrum of all statist philosophies. The problem has never been discussed so profoundly and passionately as in this essay by Frederic Bastiat from 1850. The essay might have been written today. It applies in ever way to our own time, which is precisely why so many people credit this one essay for showing them the light of liberty. Bastiat's essay here is timeless because applies whenever and wherever the state assumes unto itself different rules and different laws from that by which it expects other people to live. And so we have this legendary essay, written in a white heat against the leaders of 19th century France, the reading of which has shocked millions out of their toleration of despotism. This new edition from the Mises Institute revives a glorious translation that has been out of print for a hundred years, one that circulated in Britain in the generation that followed Bastiat's death. This newly available translation provides new insight into Bastiat's argument. It is a more sophisticated, more substantial, and more precise rendering than any in print. The question that Bastiat deals with: how to tell when a law is unjust or when the law maker has become a source of law breaking? When the law becomes a means of plunder it has lost its character of genuine law. When the law enforcer is permitted to do with others' lives and property what would be illegal if the citizens did them, the law becomes perverted. Bastiat doesn't avoid the difficult issues, such as why should we think that a democratic mandate can convert injustice to justice. He deals directly with the issue of the expanse of legislation: It is not true that the mission of the law is to regulate our consciences, our ideas, our will, our education, our sentiments, our sentiments, our exchanges, our gifts, our enjoyments. Its mission is to prevent the rights of one from interfering with those of another, in any one of these things. Law, because it has force for its necessary sanction, can only have the domain of force, which is justice. More from Bastiat's The Law: Socialism, like the old policy from which it emanates, confounds Government and society. And so, every time we object to a thing being done by Government, it concludes that we object to its being done at all. We disapprove of education by the State - then we are against education altogether. We object to a State religion - then we would have no religion at all. We object to an equality which is brought about by the State then we are against equality, etc., etc. They might as well accuse us of wishing men not to eat, because we object to the cultivation of corn by the State. How is it that the strange idea of making the law produce what it does not contain - prosperity, in a positive sense, wealth, science, religion - should ever have gained ground in the political world? The modern politicians, particularly those of the Socialist school, found their different theories upon one common hypothesis; and surely a more strange, a more presumptuous notion, could never have entered a human brain. They divide mankind into two parts. Men in general, except one, form the first; the politician himself forms the second, which is by far the most important. Whether you buy one or one hundred, you can look forward to one of the most penetrating and powerful essays written in the history of political economy.
The Appeal
John Grisham - 2008
Does The Appeal make the grade? And will it appeal to Grisham admirers -- or disappoint them?The stakes in the novel's plot are high: corporate crime on the largest scale. The duo of lawyers at the centre of the narrative are Mary and Wes Grace, who succeed in a multimillion dollar case against a chemical company, who have polluted a town with dumped toxic waste. A slew of agonising deaths have followed this, but lawyers for the chemical company appeal, and a variety of legal shenanigans are employed -- and it is certainly not clear which way the scales of justice will be finally balanced.As ever with Grisham, the mechanics of plotting are key, and the characterisation is functional rather than detailed. But it is (as always) more than capable of keeping the reader totally engaged. Given John Grisham's much-publicised conversion to born-again Christianity, it's intriguing to note here the implicit criticism of the moral majority's religious values, but that is hardly central to the enterprise. What counts is the storytelling, and while the writing is as straightforward and uncomplicated as ever, few readers will put down The Appeal once they have allowed it to exert its grip on upon them. --Barry Forshaw
Thurgood Marshall: American Revolutionary
Juan Williams - 1998
This New York Times Notable Book of the Year, 1998, is now in trade paper.From the bestselling author of Eyes on the Prize, here is the definitive biography of the great lawyer and Supreme Court justice.
You'd Better Put Some Ice On That: How I Survived Being Raped by Bill Clinton
Juanita Broaddrick - 2017
It was a TV appearance she dreaded and never wanted, but felt compelled to squash the rumors: it was rape. Now, with award-winning former investigative journalist Nick Lulli, she tells her story of survival; from the assault at the hands of the future president, to the veiled threats by a seemingly complicit presidential wannabe Hillary Rodham Clinton; Broaddrick believes now is the time to set the record straight and ensure victims everywhere are believed.
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.
How to Argue and Win Every Time: At Home, At Work, In Court, Everywhere, Every Day
Gerry Spence - 1995
So you want to know how to compose the winning arguent? How to prepare it? Deliver it? Spense believes that argument begins with the person, and that to argue successfully one must accomplish more than mere teechnique. He maintains that success in arguments, as in life, is a derivative of personal growth, of discoverring who we are, and embracing the uniqueness that is individual to each of us. The Laws of Arguing According to Gerry Spence1. Everyone is capable of making the winning aargument.2. Winning is getting what we want, which also means helping "others" get what they want.3. Learn that words are a weapon, and can be used hostilely in combat.4. Know that there is always a "biological advantage" of delivering the TRUTH.5. Assault is not argument.6. Use fear as an ally in pubic speaking or in argument. Learn to convert its energy.7. Let emotions show and don't discourage passion.8. Don't be blinded by brilliance.9. Learn to speak with the body. The body sometimes speaks more powerfully than words. 10 Know that the enemy is not the person with whom we are engaged in a failing argument, but the vision within ourselves
How to Fix Copyright
William Patry - 2011
We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
Pasyon and Revolution: Popular Movements in the Philippines, 1840-1910
Reynaldo Clemeña Ileto - 1979
Ileto submits to varied kinds of analyses standard documents as well as such previously ignored sources as folk songs, poems, and religious traditions, in order to articulate hidden or suppressed features of the thinking of the masses. Paramount among the conclusions of the book is that the pasyon, or native account of Christ's life, death and resurrection, provided the cultural framework of movements for change. The book places the Philippine revolution in the context of native traditions, and explains the persistence of radial peasant brotherhoods in this century. Seen as continuous attempts by the masses to transform the world in their terms are the various movements that the book analyzes - Apolinario de la Cruz's Cofradia de San Jose, Andres Bonifacio's Katipunan, Macario Sakay's Katipunan, Felipe Salvador's Santa Iglesia, the Colorum Society, and other popular movements during the Spanish, revolutionary, and American colonial periods.
On Politics: A History of Political Thought From Herodotus to the Present
Alan Ryan - 2012
Whether examining Lord Acton’s dictum that “absolute power corrupts absolutely” or explicating John Stuart Mill’s contention that it is “better to be a human dissatisfied than a pig satisfied,” Alan Ryan evokes the lives and minds of our greatest thinkers in a way that makes reading about them a transcendent experience. Whether writing about Plato or Augustine, de Toqueville or Thomas Jefferson, Ryan brings a wisdom to his text that illuminates John Dewey’s belief that the role of philosophy is less to see truth than to enhance experience. With this unparalleled tour de force, Ryan emerges in his own right as one of the most influential political philosophers of our time.
Active Liberty: Interpreting Our Democratic Constitution
Stephen G. Breyer - 2005
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.
Fox Nation vs. Reality: The Fox News Cult of Ignorance
Mark Howard - 2012
Its Internet community web site, Fox Nation, serves as the online gathering place for Fox viewers to absorb and spread the aggregated disinformation and conspiracy theories hatched by Fox News.Two years ago the first volume of Fox Nation vs. Reality was published revealing an Internet operation that was dedicated to fiercely partisan, right-wing distortions of the truth. Its mission was, and remains, to construct a safe haven for the broader Fox News community to reinforce their preferred fantasies and unfounded preconceptions. Since then Fox Nation has evolved into an even more sheltered environment that has taken on many characteristics of culthood. It is a pattern they adopted from their parent, Fox News, where the slogan “fair and balanced” was an implicit condemnation of all other news sources as being neither. Recognizing that the prime directive of a cult is to convince your followers that your version of reality is the only true version and that all others are agents of deception, Fox segregated their disciples to prevent them from being contaminated by impure thoughts, otherwise known as facts.In Fox Nation vs. Reality you will find a compilation of articles originally published on the media analysis web site News Corpse. They provide an eye-opening look into the lengths that committed propagandists will go in order to fabricate an alternative political reality. And remember that Fox Nation is not some remote outpost on the Internet Superhighway. It is an integral part of Fox News whose executives are wholly responsible for the stain it produces on journalism.
Libertarianism: A Primer
David Boaz - 1997
In 1995 a Gallup poll found that 52 percent of Americans said "the federal government has become so large and powerful that it poses an immediate threat to the rights and freedoms of ordinary citizens." Later that year, The Wall Street Journal concurred, saying: "Because of their growing disdain for government, more and more Americans appear to be drifting—often unwittingly—toward a libertarian philosophy." Libertarianism is hardly new, but its framework for liberty under law and economic progress makes it especially suited for the dynamic new era we are now entering. In the United States, the bureaucratic leviathan is newly threatened by a resurgence of the libertarian ideas upon which the country was founded. We are witnessing a breakdown of all the cherished beliefs of the welfare-warfare state. Americans have seen the failure of big government. Now, in the 1990s, we are ready to apply the lessons of this century to make the next one the century not of the state but of the free individual. David Boaz presents the essential guidebook to the libertarian perspective, detailing its roots, central tenets, solutions to contemporary policy dilemmas, and future in American politics. He confronts head-on the tough questions frequently posed to libertarians: What about inequality? Who protects the environment? What ties people together if they are essentially self-interested? A concluding section, "Are You a Libertarian?" gives readers a chance to explore the substance of their own beliefs. Libertarianism is must reading for understanding one of the most exciting and hopeful movements of our time.
Kingfish: The Reign of Huey P. Long
Richard D. White Jr. - 2006
A man of shameless ambition and ruthless vindictiveness, Long orchestrated elections, hired and fired thousands at will, and deployed the state militia as his personal police force. And yet, paradoxically, as governor and later as senator, Long did more good for the state’s poor and uneducated than any politician before or since. Outrageous demagogue or charismatic visionary? In this powerful new biography, Richard D. White, Jr., brings Huey Long to life in all his blazing, controversial glory.White taps invaluable new source material to present a fresh, vivid portrait of both the man and the Depression era that catapulted him to fame. From his boyhood in dirt-poor Winn Parish, Long knew he was destined for power–the problem was how to get it fast enough to satisfy his insatiable appetite. With cunning and crudity unheard of in Louisiana politics, Long crushed his opponents in the 1928 gubernatorial race, then immediately set about tightening his iron grip. The press attacked him viciously, the oil companies howled for his blood after he pushed through a controversial oil processing tax, but Long had the adulation of the people. In 1930, the Kingfish got himself elected senator, and then there was no stopping him.White’s account of Long’s heyday unfolds with the mesmerizing intensity of a movie. Pegged by President Roosevelt as “one of the two most dangerous men in the country,” Long organized a radical movement to redistribute money through his Share Our Wealth Society–and his gospel of pensions for all, a shorter workweek, and free college spread like wildfire. The Louisiana poor already worshiped him for building thousands of miles of roads and funding schools, hospitals, and universities; his outrageous antics on the Senate floor gained him a growing national base. By 1935, despite a barrage of corruption investigations, Huey Long announced that he was running for president.In the end, Long was a tragic hero–a power addict who squandered his genius and came close to destroying the very foundation of democratic rule. Kingfish is a balanced, lucid, and absolutely spellbinding portrait of the life and times of the most incendiary figure in the history of American politics.
Our Republican Constitution: Securing the Liberty and Sovereignty of We the People
Randy E. Barnett - 2016
In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Executed on a Technicality: Lethal Injustice on America's Death Row
David R. Dow - 2005
He changed his position as the men on death row became real people to him, and as he came to witness the profound injustices they endured: from coerced confessions to disconcertingly incompetent lawyers; from racist juries and backward judges to a highly arbitrary death penalty system.It is these concrete accounts of the people Dow has known and represented that prove the death penalty is consistently unjust, and it's precisely this fundamental-and lethal-injustice, Dow argues, that should compel us to abandon the system altogether.