According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

    In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers shows how America fashioned a system of crime and punishment in its own image.

    Set in the United States, it pictures a society in which human problems are solved by a scientific technology of human conduct.

    Bullets in the Washing Machine, her first release, is a compilation of short stories and poems, focusing on seeing the positives through the daily struggles of living a life in Law Enforcement. Melissa hopes to not only bring encouragement to those in law enforcement but to bring awareness to the general public of the daily sacrifices and misconceptions related to law enforcement officers. Melissa Littles is married to Officer Bervis Littles of the Edmond Police Department, in Edmond, Oklahoma. Officer Littles is a Hostage Negotiator, Suicide Prevention Officer and a School Resource Officer.

    In response, the technique of rhetoric rapidly developed, bringing virtuoso performances and a host of practical manuals for the layman. While many of these were little more than collections of debaters’ tricks, the Art of Rhetoric held a far deeper purpose. Here Aristotle establishes the methods of informal reasoning, provides the first aesthetic evaluation of prose style and offers detailed observations on character and the emotions. Hugely influential upon later Western culture, the Art of Rhetoric is a fascinating consideration of the force of persuasion and sophistry, and a compelling guide to the principles behind oratorical skill.

    Instead, Brod devoted his life to championing Kafka’s work, rescuing his legacy from obscurity and physical destruction.Nearly a century later, an international legal battle erupted to determine which country could claim ownership: Israel, where Kafka dreamed of living, or Germany, where Kafka’s three sisters perished in the Holocaust? Benjamin Balint offers a gripping account of the controversial trial in Israeli courts— brimming with dilemmas legal, ethical, and political—that determined the fate of Kafka’s manuscripts.“Thoughtful and provocative.” — Ruth Franklin, Wall Street Journal“A tale pitting two Goliaths against one octogenarian David, untangled in exacting, riveting detail. . . . A must- read.” — Rebecca Schuman, Slate“A gifted cultural historian with a scholarly sensibility.” — Lev Mendes, New York Times Book Review

    In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people. “This memoir is a fascinating account of the formation of the cadres who would have the responsibility both to help liberate our country and attend to its reconstruction and development.” Thabo Mbeki

    Bowen evokes it as if the reader were actually there, mingling with the delegates, hearing their arguments, witnessing a dramatic moment in history.Here is the fascinating record of the hot, sultry summer months of debate and decision when ideas clashed and tempers flared. Here is the country as it was then, described by contemporaries, by Berkshire farmers in Massachusetts, by Patrick Henry's Kentucky allies, by French and English travelers. Here, too, are the offstage voices--Thomas Jefferson and Tom Paine and John Adams from Europe. In all, fifty-five men attended; and in spite of the heat, in spite of clashing interests--the big states against the little, the slave states against the anti-slave states--in tension and anxiety that mounted week after week, they wrote out a working plan of government and put their signatures to it.

    Readers familiar with the previous edition will find a text that retains all the features that make Rulebook ideally suited for use as a supplementary course book -- including its modest price and compact size. Unlike most textbooks on argumentative writing, Rulebook is organised around specific rules, illustrated and explained soundly and briefly. It is not a textbook, but a rulebook, whose goal is to help students get on with writing a paper or assessing an argument.

    Despite a terrible two-stage 'European civil war' and the traumatic rise and fall of communism, wealth has increased dramatically alongside a four-fold leap in population, women's lives have been transformed, America has assumed undisputed political and cultural leadership. The Penguin History of the Twentieth Century is powerful, international and definitive.

    The emergence of the alt-right alone has fueled a marked increase in racist and anti-Semitic speech. Given its potential for harm, should this speech be banned? Nadine Strossen's HATE dispels the many misunderstandings that have clouded the perpetual debates about "hate speech vs. free speech." She argues that an expansive approach to the First Amendment is most effective at promoting democracy, equality, and societal harmony.Proponents of anti-hate speech laws stress the harms that they fear such speech might lead to: discrimination, violence, and psychic injuries. However, there has been no rigorous analysis to date of whether the laws effectively counter the feared harms. This book fills that gap, examining our actual experience with such laws. It shows that they are not effective in reducing the feared harms, and worse yet, are likely counterproductive. Even in established democracies, enforcement officials use the power these laws give them to suppress vital expression and target minority viewpoints, as was the case in earlier periods of U.S. history. The solution instead, as Strossen shows, is to promote equality and societal harmony through the increasingly vibrant "counterspeech" activism that has been flourishing on U.S. college campuses and in some global human rights movements. Strossen's powerful argument on behalf of free expression promises to shift the debate around this perennially contentious topic.

    Supreme Court’s epochal decision outlawing racial segregation and the centerpiece of African-Americans’ ongoing crusade for equal justice under law.The 1954 Supreme Court ruling in the case of Brown v. Board of Education brought centuries of legal segregation in this country to an end. It was and remains, beyond question, one of the truly significant events in American history, “probably the most important American government act of any kind since the Emancipation Proclamation,” in the view of constitutional scholar Louis H. Pollak. The Brown decision climaxed a long, torturous battle for black equality in education, making hard law out of vague principles and opening the way for the broad civil rights upheavals of the 1960s and beyond.Simple Justice is the story of that battle. Richard Kluger traces the background of the epochal decision, from its remote legal and cultural roots to the complex personalities of those who brought about its realization. The result is a landmark work of popular history, graceful and fascinatingly detailed, the panoramic account of a struggle for human dignity in process since the birth of the nation.Here is the human drama, told in all its dimensions, of the many plaintiffs, men, women, and children, variously scared or defiant but always determined, who made the hard decision to proceed – bucking the white power structure in Topeka, Kansas; braving night riders in rural South Carolina; rallying fellow high school students in strictly segregated Prince Edward County, Virginia – and at a dozen other times and places showing their refusal to accept defeat.Here, too, is the extraordinary tale, told for the first time, of the black legal establishment, forced literally to invent itself before it could join the fight, then patiently assembling, in courtroom after courtroom, a body of law that would serve to free its people from thralldom to unjust laws. Heroes abound, some obscure, like Charles Houston (who built Howard Law School into a rigorous academy for black lawyers) and the Reverend J.A. DeLaine (the minister-teacher who, despite bitter opposition, organized and led the first crucial fight for educational equality in the Jim Crow South), others like Thurgood Marshall, justly famous – but all of whose passionate devotion proved intense enough to match their mission.Reading Simple Justice, we see how black Americans’ groundswell urge for fair treatment collides with the intransigence of white supremacists in a grinding legal campaign that inevitably found its way to the halls and chambers of the Supreme Court for a final showdown. Kluger searches out and analyzes what went on there during the months of hearings and deliberations, often behind closed doors, laying bare the doubts, disagreements, and often deeply held convictions of the nine Justices. He shows above all how Chief Justice Earl Warren, new to the Court but old in the ways of politics, achieved the impossible – a unanimous decision to reverse the 58-year-old false doctrine of “separate but equal” education for blacks. Impeccably researched and elegantly written, this may be the most revealing report ever published of America’s highest court at work.Based on extensive interviews and both published and unpublished documentary sources, Simple Justice has the lineaments of an epic. It will stand as the classic study of a turning point in our history.

    I am furious. Because I never thought it would happen to us. Not us, the rainbow nation that defied doomsayers and suckled and nurtured a fragile democracy into life for its children. I never thought it would happen to us, this relentless decline, the flirtation with a leap over the cliff.” In a searing, honest paean to his country, renowned political journalist and commentator Justice Malala forces South Africa to come face to face with the country it has become: corrupt, crime-ridden, compromised, its institutions captured by a selfish political elite bent on enriching itself at the expense of everyone else. In this deeply personal reflection, Malala’s diagnosis is devastating: South Africa is on the brink of ruin. He does not stop there. Malala believes that we have the wherewithal to turn things around: our lauded Constitution, the wealth of talent that exists, our history of activism and a democratic trajectory can all be used to stop the rot. But he has a warning: South Africans of all walks of life need to wake up and act, or else they will soon find their country has been stolen.

    

    McGough had served 2 1/2 years for collaborating with a client in his fraud, but insisted that she didn't commit any of the 14 felonies she was convicted.An astonishingly persuasive condemnation of the cupidity of American law and its preference for convincing narrative rather than the truth, this is also a story with an unconventional heroine. McGough is a zealous defense lawyer duped by a white-collar con man; a woman who lives, at the age of 54, with her parents; a journalistic subject who frustrates her interviewer with her maddening literal-mindedness. Spirited, illuminating, delightfully detailed, The Crime of Sheila McGough is both a dazzling work of journalism and a searching meditation on character and the law.