Our Lost Constitution: The Willful Subversion of America's Founding Document
Mike Lee - 2015
Even many conservatives have been willing to overlook provisions that were designed to protect our fundamental liberties from an overreaching federal government. Now Senator Mike Lee tells the dramatic, little known stories behind key parts of the Constitution. He shows how every abuse of federal power today is rooted in neglect of the Constitution - and most of those abuses were predicted by the Founders. For example: • The Origination Clause says that all bills to raise taxes must originate in the House. It was gutted in 1892, leading eventually to Obamacare. • The Fourth Amendment protects us against unreasonable search and seizure, but the NSA now collects our data without a warrant. • The Legislative Powers Clause means that only Congress can pass laws, but unelected agencies now produce the vast majority of binding rules. Senator Lee also explores the Ninth and Tenth Amendments, the Establishment Clause, among others, and makes a strong case for restoring our lost constitution.
Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue
Melvin I. Urofsky - 2015
Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States. Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954). Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned. Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since. Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)
Five Chiefs: A Supreme Court Memoir
John Paul Stevens - 2011
Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices -- Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts -- that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.
Business Law
Lee Mei Pheng - 2009
The authors' comprehensive experience in legal practice, banking and teaching have enabled them to provide a condensed and easy to understand coverage of business law principles and areas of interest related thereto.
Patent It Yourself
David Pressman - 1985
Attorney David Pressman takes you through the entire patent process, providing scrupulously updated information and clear instructions to help you: -determine if you can patent your invention -understand patent law -evaluate the commercial potential of your idea -perform your own patent search -file a provisional patent application -prepare a formal patent application -respond to patent examiners -amend an application -enforce and maintain your patent -market and license your invention -and much more Thoroughly updated, the 12th edition provides the latest U.S. Patent and Trademark Office rules and forms. It also covers how to file a patent electronically with the USPTO, and how to write your patent application in a manner that doesn't "limit" your patent. Whether you're new at the inventing game or a grizzled veteran, Patent It Yourself will save you grief, time and money.
Lawyer Boy: A Case Study on Growing Up
Rick Lax - 2008
The closest thing he had to a job was eating his parents’ food, sitting on his parents’ couch, and watching The Price is Right. An amateur magician, he spent the rest of his time practicing card tricks and rope tricks. And though he could tie four different slipknots, the necktie posed some difficulties.Rick’s father, a successful Michigan attorney, told Rick it was time to move out and enter the real world. Rick certainly wasn’t going to get a job, so he went to law school instead.This is the story of Rick’s journey from childhood to lawyerhood.In Lawyer Boy, Rick uses the skills he developed as a magician to succeed in class, and learns how to become a lawyer without becoming his father. His journey through law school was exhausting, exciting, and infuriating, and, the way he tells it, so funny it’s criminal.
What the Anti-Federalists Were for: The Political Thought of the Opponents of the Constitution
Herbert J. Storing - 1981
Storing's view, are somewhat paradoxically entitled to be counted among the Founding Fathers and to share in the honor and study devoted to the founding. "If the foundations of the American polity was laid by the Federalists," he writes, "the Anti-Federalist reservations echo through American history; and it is in the dialogue, not merely in the Federalist victory, that the country's principles are to be discovered." It was largely through their efforts, he reminds us, that the Constitution was so quickly amended to include a bill of rights. Storing here offers a brilliant introduction to the thought and principles of the Anti-Federalists as they were understood by themselves and by other men and women of their time. His comprehensive exposition restores to our understanding the Anti-Federalist share in the founding its effect on some of the enduring themes and tensions of American political life. The concern with big government and infringement of personal liberty one finds in the writings of these neglected Founders strikes a remarkably timely note.
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
The Prosecutor
Nazir Afzal - 2020
As a Chief Prosecutor, it was his job to make sure the most complex, violent and harrowing crimes made it to court, and that their perpetrators were convicted. From the Rochdale sex ring to the earliest prosecutions for honour killing and modern slavery, Nazir was at the forefront of the British legal system for decades.But his story begins in Birmingham, in the sixties, as a young boy facing racist violence and the tragic death of a young family member – and it’s this that sets him on the path to his groundbreaking career, and which enables him to help communities that the conventional justice system ignores, giving a voice to the voiceless.
Law as a Career
Tanuj Kalia - 2015
An overview of law as a career: Is law the right career option for you? What are the biggest myths about being a lawyer? Which are the best law schools?2. CLAT and other law entrance tests like the AILET, SET and LSAT: Get a complete section-wise guide on the ideal strategy3. The law college life: How to navigate through the cultural change from school to college? How to go about moot courts, paper publications and seminars? How to excel in your career while enjoying your college? Also get to know all about the LL.M. abroad option4. Internships, CVs and jobs: How to plan and structure your internships in Law College? How to hunt for and secure the best internships? How to secure that elusive pre-placement offer (PPO) and prepare for job interviews? How to craft winning CVs and cover letters?5. Career options: An A to Z guide on 20 amazing career options in law through in-depth interviews with 45 top-notch legal professionals. This chapter contains detailed guide for a career in litigation, law firms, NGOs, LPOs, private and public companies, IPR Law, legal journalism, academia, entrepreneurship, mediation, cyber law, tax law, politics and more
The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-Century America
Sarah Barringer Gordon - 2002
Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipolygamists in the late nineteenth century, but only after decades of argument, litigation, and open conflict. Victory came at a price; as attention and national resources poured into Utah in the late 1870s and 1880s, antipolygamists turned more and more to coercion and punishment in the name of freedom. They also left a legacy in constitutional law and political theory that still governs our treatment of religious life: Americans are free to believe, but they may well not be free to act on their beliefs.
It Happened to Audrey: A Terrifying Journey From Loving Mom to Accused Baby Killer
Jill Wellington - 2012
An infant died in her care at the same time the unknown science of Shaken Baby Syndrome hit the media. Swept up in a media frenzy, Edmunds was accused of killing the child through SBS. She was stripped from her children and husband and sent to prison where she would fight for freedom 13 years before she was finally exonerated after updated science showed her innocence. Audrey was and is an all-American mother from the Heartland who shares her story of hope and redemption in the face of unrelenting odds. Built as the ideal reader's club book, It Happened to Audrey includes questions that challenge all readers to think of the possibilities in today's ever-changing world. Edmunds is ultimately released from prison in the middle of a blizzard and reunited with her now grown children.
In Defense of Women: Memoirs of an Unrepentant Advocate
Nancy Gertner - 2011
District Court for the District of Massachusetts. But in the 1970s, when she was one of few women in a stubbornly male profession, she sported bright red suits that reflected her fearless choice of cases and her daring litigation tactics. Defending clients in some of the most prominent criminal and civil rights cases of the time, Gertner drove home the point that women lawyers belonged in our courtrooms.In 1975, Nancy Gertner launched her legal career by defending antiwar activist Susan Saxe, who was on trial for her role in a robbery that resulted in the murder of a police officer. It was a high-profile, complex, and highly charged case. What followed for Gertner was a career of other groundbreaking firsts, as she fought her way through the boys' club climate of the time, throwing herself into criminal and civil cases focused on women's rights and civil liberties.Looking back on her storied career, Gertner writes about her struggle to succeed personally and professionally while working on benchmark cases. Among her clients were a woman suing the psychiatrist who had repeatedly molested her; another on trial for murdering her abusive husband; Teresa Contardo, suing Merrill Lynch for discrimination; and Clare Dalton, suing Harvard Law School for the same offense. In her signature red suit, Nancy Gertner was always the unrepentant advocate in defense of women. But over the years she also represented a student accused of rape; Ted Anzalone, on trial for extortion; and Matthew Stuart, implicated in his brother Charles's infamous murder of his pregnant wife. In Defense of Women is the one-of-a-kind memoir of an exceptional, self-proclaimed "outsider lawyer."
The Story of My Life
Clarence Darrow - 1932
Written in his disarming, conversational style, & full of refreshingly relevant views on capital punishment, civil liberties & the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.