Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

    In this eloquent, persuasive book, Neil Postman alerts us to the real and present dangers of this state of affairs, and offers compelling suggestions as to how to withstand the media onslaught. Before we hand over politics, education, religion, and journalism to the show business demands of the television age, we must recognize the ways in which the media shape our lives and the ways we can, in turn, shape them to serve out highest goals.

    By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.

    But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.

    What Susskind sees is eye-opening-a legal world of virtual courts, Internet-based global legal businesses, online document production, commoditized service, legal process outsourcing, and web-based simulated practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too.Tomorrow's Lawyers is a definitive guide to this future--for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. Susskind identifies the key drivers of change, such as the economic downturn, and considers how these will shape the legal marketplace. He then sketches out the new legal landscape as he envisions it, highlighting the changing role of law firms-and in-house lawyers-and the coming of virtual hearings and online dispute resolution. He also suggests solutions to major concerns within the legal profession, such as diminishing public funding, and explores alternative roles for future lawyers in a world increasingly dominated by IT. And what are the prospects for aspiring lawyers? Susskind predicts what new jobs and new employers there will be, equipping prospective lawyers with penetrating questions to put to their current and future bosses.Tomorrow's Lawyers is an essential roadmap to the future of law for those who want to survive the rapidly changing legal landscape.

    It has not been by shaping the opinions or directing the actions of the holders of power that modern intellectuals have most influenced the course of events, but by shaping public opinion in ways that affect the actions of power holders in democratic societies, whether or not those power holders accept the general vision or the particular policies favored by intellectuals. Even government leaders with disdain or contempt for intellectuals have had to bend to the climate of opinion shaped by those intellectuals.Intellectuals and Society not only examines the track record of intellectuals in the things they have advocated but also analyzes the incentives and constraints under which their views and visions have emerged. One of the most surprising aspects of this study is how often intellectuals have been proved not only wrong, but grossly and disastrously wrong in their prescriptions for the ills of society—and how little their views have changed in response to empirical evidence of the disasters entailed by those views.

    The diversity of its themes and the broad perspectives applied to them make the book a work of general history as much as a history of the theory and practice of war from the Renaissance to the present. Makers of Modern Strategy from Machiavelli to the Nuclear Age takes the first part of its title from an earlier collection of essays, published by Princeton University Press in 1943, which became a classic of historical scholarship. Three essays are repinted from the earlier book; four others have been extensively revised. The rest--twenty-two essays--are new.The subjects addressed range from major theorists and political and military leaders to impersonal forces. Machiavelli, Clausewitz, and Marx and Engels are discussed, as are Napoleon, Churchill, and Mao. Other essays trace the interaction of theory and experience over generations--the evolution of American strategy, for instance, or the emergence of revolutionary war in the modern world. Still others analyze the strategy of particular conflicts--the First and Second World Wars--or the relationship between technology, policy, and war in the nuclear age. Whatever its theme, each essay places the specifics of military thought and action in their political, social, and economic environment. Together the contributors have produced a book that reinterprets and illuminates war, one of the most powerful forces in history and one that cannot be controlled in the future without an understanding of its past.

    In true emulative and contrarian style, Hitchens is both admiring and aggressive, sympathetic yet critical, taking true measure of his subject as hero and problem. Answering both the detractors and the false claimants, Hitchens tears down the façade of sainthood erected by the hagiographers and rebuts the critics point by point. He examines Orwell and his perspectives on fascism, empire, feminism, and Englishness, as well as his outlook on America, a country and culture towards which he exhibited much ambivalence. Whether thinking about empires or dictators, race or class, nationalism or popular culture, Orwell's moral outlook remains indispensable in a world that has undergone vast changes in the fifty years since his death. Combining the best of Hitchens's polemical punch and intellectual elegance in a tightly woven and subtle argument, this book addresses not only why Orwell matters today, but how he will continue to matter in a future, uncertain world. Christopher Hitchens, one of the most incisive minds of our own age, meets Orwell on the page in this provocative encounter of wit, contention and moral truth.

    Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time. We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the "tricks of the trade" that have helped him win cases and become successful at the art and practice of "lawyering."

    Like Thomas Paine before him, Alinsky was able to combine, both in his person and his writing, the intensity of political engagement with an absolute insistence on rational political discourse and adherence to the American democratic tradition.ContentsThe PurposeOf Means and EndsA Word about WordsThe Education of an OrganizerCommunicationIn the BeginningTacticsThe Genesis of Tactic ProxyThe Way Ahead

    This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.

    This volume also includes " The Crisis ," " The Age of Reason ," and " Agrarian Justice ."

    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.

    Written at the height of the Cold War and in the wake of America's greatest experiment with big government, the New Deal, Goldwater's message was not only remarkable, but radical. He argued for the value and importance of conservative principles--freedom, foremost among them--in contemporary political life. Using the principles he espoused in this concise but powerful book, Goldwater fundamentally altered the political landscape of his day--and ours.

    As Michael Curtis indicates in his introduction to this edition. Public Opinion qualifies as a classic by virtue of its systematic brilliance and literary grace. The work is divided into eight parts, covering such varied issues as stereotypes, image making, and organized intelligence. The study begins with an analysis of "the world outside and the pictures in our heads, " a leitmotif that starts with issues of censorship and privacy, speed, words, and clarity, and ends with a careful survey of the modern newspaper. The work is a showcase for Lippmann's vast erudition. He easily integrated the historical, psychological, and philosophical literature of his day, and in every instance showed how relevant intellectual formations were to the ordinary operations of everyday life. Public Opinion is of enduring significance for communications scholars, historians, sociologists, and political scientists.