Book picks similar to
Statutory Construction by Noli C. Diaz
law-books
law-1
statcon
civil-law
The Living Constitution
David A. Strauss - 2010
He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
The Elements of Teaching
James M. Banner Jr. - 1997
Their book is an inspiring guide to current and future school teachers and to college and university professors—indeed to everyone who teaches anything to anyone else. Arguing that teaching is an art, Banner and Cannon help teachers understand its components. They analyze the specific qualities of successful teachers and the ways in which these qualities promote learning and understanding. Throughout, they illustrate their discussion with sharply etched portraits of fictional teachers who exemplify—or fail to exemplify—a particular quality. Neither a how-to book nor a consideration of the philosophy, methods, or activities of teaching, this book, more precisely, assesses what it takes to teach. It encourages teachers to consider how they might strengthen their own level of professional performance.
In the Making: Creative Options for Contemporary Art
Linda WeintraubGillian Wearing - 2003
Conclusions are perpetually delayed. Resolutions are continually postponed. The text is written for takeoff, not arrival. It is a first step for readers' explorations of current modes of art making and for their own future artistic achievements. The much-anticipated follow-up to Art on the Edge... and Over, Linda Weintraub's highly accessible introduction to contemporary art since the 1970s, In the Making: Creative Options for Contemporary Art explores essential but sometimes elusive facets of art making today. In her trademark writing style--straightforward and jargon-free--Weintraub sets out to itemize the conceptual and practical concerns that go into making contemporary art in all its endless permutations. In six clearly defined thematic sections---Scoping an Audience, - -Sourcing Inspiration, - -Crafting an Artistic 'Self', - -Expressing an Artistic Attitude, - -Choosing a Mission, - and -Measuring Success---Weintraub moves artist by artist, in 40 individual chapters, using each to explain a different aspect of art making. Isaac Julien makes work for a highly specific audience; Michal Rovner communicates through metaphor and symbol; Charles Ray disrupts the viewer's assumptions; Pipilotti Rist is inspired by female emotions; William Kentridge is moved by apartheid and redemption; Vanessa Beecroft epitomizes the biography of a smart, attractive, Caucasian woman; and Matthew Barney achieves success through resistance. Through a compelling combination of renowned and up-and-coming artists, Weintraub creates a complex understanding of how to make and look at contemporary art--but in a simple, easily digestible format and language.In addition to being a fine read for anyone who simply wants to understand how to look at contemporary art, In the Making is also an exceptional pedagogical tool, one that addresses what is fast becoming a huge gap in art education. Teaching artistic techniques no longer provides young artists with a sufficient education--a full range of conceptual issues needs to be considered in any well-rounded studio practice. Yet these very same conceptual issues are often those that are dealt with textually in art history and criticism classes. Weintraub persuasively offers a series of texts that fit squarely into this gap, addressing issues that concern anyone who is learning how to make art or how to understand it.In addition, In the Making includes a series of interviews in which many of the artists discuss the practical issues of their life's work. Conducted by Weintraub's students at Oberlin College, the interviews pose questions about the artists' schooling, their studio space, and how they support themselves if their main income doesn't come from their art--the kind of questions every art student has always wanted to ask the artists whose work they see on gallery walls.
Uncertain Justice: The Roberts Court and the Constitution
Laurence H. Tribe - 2014
Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
Jesse Ventura's Marijuana Manifesto: How Lies, Corruption, and Propaganda Kept Cannabis Illegal
Jesse Ventura - 2016
Now, more than ever before, our country needs to see full legalization of medical/recreational marijuana and hemp. Any way you look at it, for whoever is using it, marijuana is a medicinal plant, in abundant supply. Every month and every year that goes by, we find out more positive things about it. Medicinal marijuana has been demonized through the years but obviously this plant has a great deal of positive attributes, and it’s also a renewable resource. Being a cash crop, marijuana is bad for the pharmaceutical industry. Is Big Pharma pressuring the government to continue to deny sick people access? If so, that’s truly a crime against American citizens. And as Ventura writes: “Our government won’t do the right thing and legalize marijuana unless we the people demand it, because there are so many people within our government on the payroll, all thanks to the War on Drugs."
Jesse Ventura’s Marijuana Manifesto
calls for an end to the War on Drugs. Just because something is illegal, that doesn’t mean it goes away, it just means that criminals run it. Legalizing marijuana and marijuana dispensaries will serve to rejuvenate our pathetic economy, and just might make people a little happier. Ventura’s book will show us all how we can take our country back.
The Court and the World: American Law and the New Global Realities
Stephen G. Breyer - 2015
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.
Groups: A Counseling Specialty
Samuel T. Gladding - 1990
" This user-friendly text provides readers with a complete and compelling view of group work, including types of groups, development of groups, dynamics within groups, diversity and multicultural issues in groups, specialty groups, ethical and legal issues in groups, groups across the lifespan, theories of groups, and the history of group work. Well-written and filled with helpful and enjoyable illustrations, this sixth edition textbook helps students to fully understand the four basic types of groups therapy, counseling, guidance, and work/task through case histories, examples, and clear language. At the same time, "Groups: A Counseling Specialty" challenges readers to think through how they would handle various group situations and to reflect and learn from their own experiences in groups.
The Nature of the Judicial Process
Benjamin N. Cardozo - 1921
Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.
The Burden Is Light: The Autobiography of a Transformed Pagan Who Took God at His Word
Eugenia Price - 1955
The successful novelist and writer recounts the events that led her to become a born again Christian, and describes the ways her faith has sustained her.
Who Killed the Constitution?: The Assault on American Law and the Unmaking of a Nation
Thomas E. Woods Jr. - 2008
. . dead. You won’t hear that from the politicians who endlessly pay lip service to the Constitution. It’s the dirty little secret that bestselling authors Thomas E. Woods Jr. and Kevin R. C. Gutzman expose in this provocative new book. The fact is that government officials—Democrats and Republicans, presidents, judges, and congresses alike—long ago rejected the idea that the Constitution possesses a fixed meaning limiting the U.S. government’s power. In case you’ve forgotten, this idea was not a minor aspect of the Constitution; it was the document’s very purpose. Woods and Gutzman round up the suspects responsible for the death of the government the Founding Fathers designed. Going right to the scenes of the crimes, they dissect twelve of the most egregious assaults on the Constitution—some virtually unknown. In chronicling this “dirty dozen,” the authors show that the attacks began long before presidents declared preemptive wars, congresses built pork-barrel bridges to nowhere, and Supreme Court justices began to behave as our supreme legislators. In Who Killed the Constitution? Woods and Gutzman• REVEAL the federal government’s “great gold robbery”—the flagrant assault on the Constitution you never heard about in history class• DESTROY the phony case for presidential war power• EXPOSE how the federal government has actively discriminated to end . . . discrimination• TEAR DOWN the “wall of separation” between church and state—an invention that completely contradicts what the Constitution says• DARE to touch the “third rail of American jurisprudence,” Brown v. Board of Education—showing why a government decision that seems “right” isn’t necessarily constitutionalNever shying away from controversy, Woods and Gutzman reveal an unsettling but unavoidable truth: now that the federal government has broken free of the Constitution’s chains, government officials are restrained by little more than their sense of what they can get away with.Who Killed the Constitution? is a rallying cry for Americans outraged by government run amok and a warning to take heed before we lose the liberties we are truly entitled to.
Take It from Me: Life's a Struggle But You Can Win
Erin Brockovich - 2001
She seems to defy description. I shall put it simply, because Erin is someone who appreciates a clear point. She is kind, and she is tireless. Erin is inspiring, and I know the world to be a better place because she is in it."--Julia RobertsErin Brockovich delivers her irrepressible spirit and down-to-earth wisdom in "Take It from Me, an inspiring trove of stories, lessons, and motivational strategies anyone can use to summon their inner strength and free the winning forces that lie within us all.
The Matriarch
Adrian Tame - 2002
As the matriarch at the head of the most notorious and violent family of habitual offenders in Australian criminal history, her life has revolved around murder, drugs, prison, prostitution and bent coppers–and the intrigue and horror that surround such crimes.Her eldest son Dennis Allen was a mass murderer and a $70,000-a-week drug dealer who dismembered a Hell's Angel with a chainsaw. Two younger sons were acquitted of the Walsh Street murders, the cold-blooded assassination of two police officers which changed forever the face of crime in Melbourne. One of the two, Victor, was gunned down himself in the street 14 years later, becoming the third son Kathy has buried.In this authorised book Kathy Pettingill reveals the chilling truth behind many of the myths and legends that surround her family, including her experiences in the blood-spattered charnel house at the centre of Dennis's empire of drugs and violence. But
The Matriarch
is no plea for pity–gritty, forthright and deeply disturbing, like its subject this story pulls no punches.
Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age
Amy Klobuchar - 2021
This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation.In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement.Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google.She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation.As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.
Criminal Justice: A Brief Introduction
Frank J. Schmalleger - 1997
Now with a CJ careers feature and learning objectives aligned with end-of-chapter questions, the book provides both a streamlined and up-to-date look at this ever-evolving field. Known for its unifying theme, its unmatched timeliness and its coverage of the newest criminal justice trends and technology, this book has become THE standard by which all other brief texts are judged.
The First Emancipator: The Forgotten Story of Robert Carter, the Founding Father Who Freed His Slaves
Andrew Levy - 2005
He was neighbor and kin to the Washingtons and Lees and a friend and peer to Thomas Jefferson and George Mason. But on September 5, 1791, Carter severed his ties with this glamorous elite at the stroke of a pen. In a document he called his Deed of Gift, Carter declared his intent to set free nearly five hundred slaves in the largest single act of liberation in the history of American slavery before the Emancipation Proclamation.How did Carter succeed in the very action that George Washington and Thomas Jefferson claimed they fervently desired but were powerless to effect? And why has his name all but vanished from the annals of American history? In this haunting, brilliantly original work, Andrew Levy traces the confluence of circumstance, conviction, war, and passion that led to Carter’s extraordinary act.At the dawn of the Revolutionary War, Carter was one of the wealthiest men in America, the owner of tens of thousands of acres of land, factories, ironworks–and hundreds of slaves. But incrementally, almost unconsciously, Carter grew to feel that what he possessed was not truly his. In an era of empty Anglican piety, Carter experienced a feverish religious visionthat impelled him to help build a church where blacks and whites were equals. In an age of publicly sanctioned sadism against blacks, he defied convention and extended new protections and privileges to his slaves. As the war ended and his fortunes declined, Carter dedicated himself even more fiercely to liberty, clashing repeatedly with his neighbors, his friends, government officials, and, most poignantly, his own family.But Carter was not the only humane master, nor the sole partisan of freedom, in that freedom-loving age. Why did this troubled, spiritually torn man dare to do what far more visionary slave owners only dreamed of? In answering this question, Andrew Levy teases out the very texture of Carter’s life and soul–the unspoken passions that divided him from others of his class, and the religious conversion that enabled him to see his black slaves in a new light.Drawing on years of painstaking research, written with grace and fire, The First Emancipator is a portrait of an unsung hero who has finally won his place in American history. It is an astonishing, challenging, and ultimately inspiring book.From the Hardcover edition.