The Enigma of Clarence Thomas


Corey Robin - 2019
    Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist.In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way.There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.

Lawyer X


Patrick Carlyon - 2020
    It took the police a decade to curtail the violence and bring down criminal kingpins Carl Williams, Tony Mokbel and their accomplices. When the police finally closed the case file, just how they really won the war, with the help of an unlikely police informer, would become a closely guarded secret and its exposure, the biggest legal scandal of our time.Lawyer X is the scandalous, true story of how a promising defence barrister from a privileged background broke all the rules - becoming both police informer and her client's lover - sharing their secrets and shaping the gangland war that led to sensational arrests and convictions. The story of how Nicola Gobbo became Lawyer X, and why, is a compelling study in desperation and determination.Lawyer X is the definitive story of Melbourne's gangland wars and its most glamorous and compelling central character, based on the ground-breaking work of investigative journalists Anthony Dowsley and Patrick Carlyon, who broke the story for the Herald Sun in 2014, and their five-year struggle to reveal the truth about the identity of Lawyer X.

Her Honor: My Life on the Bench...What Works, What's Broken, and How to Change It


LaDoris Hazzard Cordell - 2021
    And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible.Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved.Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat―as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills―some humorous, others heartwarming, still others deeply troubling.Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans.

Constitutional Law of India


J.N. Pandey
    

The Beauty Bias: The Injustice of Appearance in Life and Law


Deborah L. Rhode - 2010
    What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands.Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearanceimportant to their self image and over a third rank it as the most important factor.Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, andrelated difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short.The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises meritprinciples, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and acompelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce theprice of their pursuit.

Arrested Justice: Black Women, Violence, and America's Prison Nation


Beth E. Richie - 2012
    Through the compelling stories of Black women who have been most affected by racism, persistent poverty, class inequality, limited access to support resources or institutions, Beth E. Richie shows that the threat of violence to Black women has never been more serious, demonstrating how conservative legal, social, political and economic policies have impacted activism in the U.S.-based movement to end violence against women. Richie argues that Black women face particular peril because of the ways that race and culture have not figured centrally enough in the analysis of the causes and consequences of gender violence. As a result, the extent of physical, sexual and other forms of violence in the lives of Black women, the various forms it takes, and the contexts within which it occurs are minimized—at best—and frequently ignored. Arrested Justice brings issues of sexuality, class, age, and criminalization into focus right alongside of questions of public policy and gender violence, resulting in a compelling critique, a passionate re-framing of stories, and a call to action for change.

The Spirit of the Laws


Montesquieu - 1748
    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.

Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time


Gerry Spence - 2005
    Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument.Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives


Michael A. Heller - 2008
    Why can’t we build them? 50 patent owners are blocking a major drug maker from creating a cancer cure. Why won’t they get out of the way? 90% of our broadcast spectrum sits idle while American cell phone service lags far behind Japan’s and Korea’s. Why are we wasting our airwaves? 98% of African American–owned farms have been sold off over the last century. Why can’t we stop the loss? All these problems are really the same problem—one whose solution would jump-start innovation, release trillions in productivity, and help revive our slumping economy.Every so often an idea comes along that transforms our understanding of how the world works. Michael Heller has discovered a market dynamic that no one knew existed. Usually, private ownership creates wealth, but too much ownership has the opposite effect—it creates gridlock. When too many people own pieces of one thing, whether a physical or intellectual resource, cooperation breaks down, wealth disappears, and everybody loses. Heller’s paradox is at the center of The Gridlock Economy. Today’s leading edge of innovation—in high tech, biomedicine, music, film, real estate—requires the assembly of separately owned resources. But gridlock is blocking economic growth all along the wealth creation frontier.A thousand scholars have applied and verified Heller’s paradox. Now he takes readers on a lively tour of gridlock battlegrounds. Heller zips from medieval robber barons to modern-day broadcast spectrum squatters; from Mississippi courts selling African-American family farms to troubling New York City land confiscations; and from Chesapeake Bay oyster pirates to today’s gene patent and music mash-up outlaws. Each tale offers insights into how to spot gridlock in operation and how we can overcome it.The Gridlock Economy is a startling, accessible biography of an idea. Nothing is inevitable about gridlock. It results from choices we make about how to control the resources we value most. We can unlock the grid; this book shows us where to start.

Oklahoma's Atticus: An Innocent Man and the Lawyer Who Fought for Him


Hunter Howe Cates - 2019
    When Youngwolfe recants his confession, saying he was forced to confess by the authorities, his city condemns him, except for one man—public defender and Creek Indian Elliott Howe. Recognizing in Youngwolfe the life that could have been his if not for a few lucky breaks, Howe risks his career to defend Youngwolfe against the powerful county attorney’s office. Forgotten today, the sensational story of the murder, investigation, and trial made headlines nationwide.Oklahoma’s Atticus is a tale of two cities—oil-rich downtown Tulsa and the dirt-poor slums of north Tulsa; of two newspapers—each taking different sides in the trial; and of two men both born poor Native Americans, but whose lives took drastically different paths. Hunter Howe Cates explores his grandfather’s story, both a true-crime murder mystery and a legal thriller. Oklahoma’s Atticus is full of colorful characters, from the seventy-two-year-old mystic who correctly predicted where the body was buried, to the Kansas City police sergeant who founded one of America’s most advanced forensics labs and pioneered the use of lie detector evidence, to the ambitious assistant county attorney who would rise to become the future governor of Oklahoma. At the same time, it is a story that explores issues that still divide our nation: police brutality and corruption; the effects of poverty, inequality, and racism in criminal justice; the power of the media to drive and shape public opinion; and the primacy of the presumption of innocence. Oklahoma’s Atticus is an inspiring true underdog story of unity, courage, and justice that invites readers to confront their own preconceived notions of guilt and innocence.

Beyond Winning: Negotiating to Create Value in Deals and Disputes


Robert Mnookin - 2000
    Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle--clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.

The Firm, the Market, and the Law


Ronald H. Coase - 1988
    Coase has been, even though, as he admits, "most economists have a different way of looking at economic problems and do not share my conception of the nature of our subject." Coase's particular interest has been that part of economic theory that deals with firms, industries, and markets—what is known as price theory or microeconomics. He has always urged his fellow economists to examine the foundations on which their theory exists, and this volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics."These essays bear rereading. Coase's careful attention to actual institutions not only offers deep insight into economics but also provides the best argument for Coase's methodological position. The clarity of the exposition and the elegance of the style also make them a pleasure to read and a model worthy of emulation."—Lewis A. Kornhauser, Journal of Economic LiteratureRonald H. Coase was awarded the Nobel Prize in Economic Science in 1991.

The Forgotten Presidents: Their Untold Constitutional Legacy


Michael J. Gerhardt - 2013
    They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today.Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity.Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.

Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence


Martha Minow - 1998
    Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing.

The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption


Brian Cuban - 2017
    With a famous last name and a successful career as a lawyer, Brian was able to hide his clinical depression and alcohol and cocaine addictions—for a while.  Today, as an inspirational speaker in long-term recovery, Brian looks back on his journey with honesty, compassion, and even humor as he reflects both on what he has learned about himself and his career choice and how the legal profession enables addiction. His demons, which date to his childhood, controlled him through failed marriages and stays in a psychiatric facility, until they brought him to the brink of suicide. That was his wake-up call. This is his story. Brian also takes an in-depth look at why there is such a high percentage of problematic alcohol use and other mental health issues in the legal profession. What types of therapies work? Are 12-step programs the only answer? Brian also includes interviews with experts on the subject as well as others in the profession who are now in recovery. The Addicted Lawyer is both a serious study of addiction and a compelling story of redemption.