The Chief: The Life and Turbulent Times of Chief Justice John Roberts


Joan Biskupic - 2019
    His critics argue he has been anything but, pointing to his conservative victories on voting rights and campaign finance. Yet he broke from orthodoxy in his decision to preserve Obamacare. How are we to understand the motives of the most powerful judge in the land? In The Chief, award-winning journalist Joan Biskupic contends that Roberts is torn between two, often divergent, priorities: to carry out a conservative agenda, and to protect the Court's image and his place in history. Biskupic shows how Roberts's dual commitments have fostered distrust among his colleagues, with major consequences for the law. Trenchant and authoritative, The Chief reveals the making of a justice and the drama on this nation's highest court.

Terror and Consent: The Wars for the Twenty-First Century


Philip Bobbitt - 2008
    In this book Philip Bobbitt brings together historical, legal, and strategic analyses to understand the idea of a “war on terror.” Does it make sense? What are its historical antecedents? How would such a war be “won”? What are the appropriate doctrines of constitutional and international law for democracies in such a struggle?He provocatively declares that the United States is the chief cause of global networked terrorism because of overwhelming American strategic dominance. This is not a matter for blame, he insists, but grounds for reflection on basic issues. We have defined the problem of winning the fight against terror in a way that makes the situation virtually impossible to resolve. We need to change our ideas about terrorism, war, and even victory itself.Bobbitt argues that the United States has ignored the role of law in devising its strategy, with fateful consequences, and has failed to reform law in light of the changed strategic context. Along the way he introduces new ideas and concepts—Parmenides’ Fallacy, the Connectivity Paradox, the market state, and the function of terror as a by-product of globalization—to help us prepare for what may be a decades-long conflict of which the battle against al Qaeda is only the first instance.At stake is whether we can maintain states of consent in the twenty-first century or whether the dominant constitutional order will be that of states of terror. Challenging, provocative, and insightful, Terror and Consent addresses the deepest themes of governance, liberty, and violence. It will change the way we think about confronting terror—and it will change the way we evaluate public policies in that struggle.

What Terrorists Want: Understanding the Enemy, Containing the Threat


Louise Richardson - 2006
    Having grown up in rural Ireland and watched her friends join the Irish Republican Army, Richardson knows from firsthand experience how terrorism can both unite and destroy a community. As a professor at Harvard, she has devoted her career to explaining terrorist movements throughout history and around the globe. From the biblical Zealots to the medieval Islamic Assassins to the anarchists who infiltrated the cities of Europe and North America at the turn of the last century, terrorists have struck at enemies far more powerful than themselves with targeted acts of violence. Yet Richardson understands that terrorists are neither insane nor immoral. Rather, they are rational political actors who often deploy carefully calibrated tactics in a measured and reasoned way. What is more, they invariably go to great lengths to justify their actions to themselves, their followers, and, often, the world.Richardson shows that the nature of terrorism did not change after the attacks of September 11, 2001; what changed was our response. She argues that the Bush administration’s “global war on terror” was doomed to fail because of an ignorance of history, a refusal to learn from the experience of other governments, and a fundamental misconception about how and why terrorists act. As an alternative, Richardson offers a feasible strategy for containing the terrorist threat and cutting off its grassroots support. The most comprehensive and intellectually rigorous account of terrorism yet, What Terrorists Want is a daring intellectual tour de force that allows us, at last, to reckon fully with this major threat to today’s global order.

Torture Team: Rumsfeld's Memo and the Betrayal of American Values


Philippe Sands - 2008
    Secretary of Defense, Donald Rumsfeld, signed his name at the bottom of a document that listed eighteen techniques of interrogation--techniques that defied international definitions of torture. The Rumsfeld Memo authorized the controversial interrogation practices that later migrated to Guantanamo, Afghanistan, Abu Ghraib and elsewhere, as part of the policy of extraordinary rendition. From a behind-the-scenes vantage point, Phillipe Sands investigates how the Rumsfeld Memo set the stage for a divergence from the Geneva Convention and the Torture Convention and holds the individual gatekeepers in the Bush administration accountable for their failure to safeguard international law.The Torture Team delves deep into the Bush administration to reveal:- How the policy of abuse originated with Donald Rumsfeld, Dick Cheney and George W. Bush, and was promoted by their most senior lawyers- Personal accounts, through interview, of those most closely involved in the decisions- How the Joint Chiefs and normal military decision-making processes were circumvented- How Fox TV's 24 contributed to torture planning- How interrogation techniques were approved for use- How the new techniques were used on Mohammed Al Qahtani, alleged to be "the 20th highjacker"- How the senior lawyers who crafted the policy of abuse exposed themselves to the risk of war crimes charges.

The Culture of Terrorism


Noam Chomsky - 1988
    political culture is a brilliant analysis of the Iran-Contra scandal. Chomsky offers a message of hope, reminding us resistance is possible.

1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School


Andrew J. McClurg - 2008
    It essentially answers the questions, What s the first year of law school really like and how can I make the most of it? Readers learn what to expect, when to expect it, and how to respond to it. Other how to succeed in law school books exist, but 1L of a Ride is the only book that: Addresses each aspect of academic success, including the top five habits of successful law students, effective class participation, how to interact with professors, case-briefing, note-taking, outlining, exam preparation, and essay and multiple-choice exam strategies. Includes both a professor and student perspective, with comments from real law students as they progressed through their first year from beginning to end. Features authentic samples of Socratic dialogue, student case briefs, student class notes, and exam questions and answers. Focuses on practical advice that can be followed by any student from day one. Employs a lively first-person voice, humor, and dozens of anecdotes to bring the advice to life. Relies on educational research to back up advice. Includes input from other law professors, including an interview with five professors of Legal Writing, the course that causes the most angst and complaints from first-year students. Provides up-to-date advice in step with the changing landscape of U.S. legal education, including coverage of technology issues relevant to law students.

101 Things I Learned in Law School


Vibeke Norgaard Martin - 2013
    From the structure of the court system to the mysteries of human motivation, 101 THINGS I LEARNED® IN LAW SCHOOL reveals the intricacies of the legal world through questions big and small: What is a legal precedent? What is foreseeability? How can a hostile witness help one's case? How is legal argument different from other forms of argument? What is the difference between honesty and truthfulness? Written by an experienced attorney and law instructor, and disarmingly presented in the unique format of the 101 THINGS I LEARNED® series, 101 THINGS I LEARNED® IN LAW SCHOOL is an invaluable resource for law students, graduates, lawyers, and general readers.

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.

How Everything Became War and the Military Became Everything: Tales from the Pentagon


Rosa Brooks - 2016
    Today, America’s wars are everywhere and forever: our enemies change constantly and rarely wear uniforms, and virtually anything can become a weapon. As war expands, so does the role of the US military. Today, military personnel don’t just “kill people and break stuff.” Instead, they analyze computer code, train Afghan judges, build Ebola isolation wards, eavesdrop on electronic communications, develop soap operas, and patrol for pirates. You name it, the military does it. Rosa Brooks traces this seismic shift in how America wages war from an unconventional perspective—that of a former top Pentagon official who is the daughter of two anti-war protesters and a human rights activist married to an Army Green Beret. Her experiences lead her to an urgent warning: When the boundaries around war disappear, we risk destroying America’s founding values and the laws and institutions we’ve built—and undermining the international rules and organizations that keep our world from sliding towards chaos. If Russia and China have recently grown bolder in their foreign adventures, it’s no accident; US precedents have paved the way for the increasingly unconstrained use of military power by states around the globe. Meanwhile, we continue to pile new tasks onto the military, making it increasingly ill-prepared for the threats America will face in the years to come. By turns a memoir, a work of journalism, a scholarly exploration into history, anthropology and law, and a rallying cry, How Everything Became War and the Military Became Everything transforms the familiar into the alien, showing us that the culture we inhabit is reshaping us in ways we may suspect, but don’t really understand. It’s the kind of book that will leave you moved, astonished, and profoundly disturbed, for the world around us is quietly changing beyond recognition—and time is running out to make things right.

Playing to the Edge: American Intelligence in the Age of Terror


Michael V. Hayden - 2016
    Otherwise, by playing back, you may protect yourself, but you will be less successful in protecting America. "Play to the edge" was Hayden's guiding principle when he ran the National Security Agency, and it remained so when he ran CIA.  In his view, many shortsighted and uninformed people are quick to criticize, and this book will give them much to chew on but little easy comfort; it is an unapologetic insider's look told from the perspective of the people who faced awesome responsibilities head on, in the moment.   How did American intelligence respond to terrorism, a major war and the most sweeping technological revolution in the last 500 years?  What was NSA before 9/11 and how did it change in its aftermath?  Why did NSA begin the controversial terrorist surveillance program that included the acquisition of domestic phone records? What else was set in motion during this period that formed the backdrop for the infamous Snowden revelations in 2013?     As Director of CIA in the last three years of the Bush administration,  Hayden had to deal with the rendition, detention and interrogation program as bequeathed to him by his predecessors. He also had to ramp up the agency to support its role in the targeted killing program that began to dramatically increase in July 2008. This was a time of great crisis at CIA, and some agency veterans have credited Hayden with actually saving the agency. He himself won't go that far, but he freely acknowledges that CIA helped turn the American security establishment into the most effective killing machine in the history of armed conflict.   For 10 years, then, General Michael Hayden was a participant in some of the most telling events in the annals of American national security. General Hayden's goals are in writing this book are simple and unwavering: No apologies. No excuses. Just what happened. And why. As he writes, "There is a story here that deserves to be told, without varnish and without spin. My view is my view, and others will certainly have different perspectives, but this view deserves to be told to create as complete a history as possible of these turbulent times. I bear no grudges, or at least not many, but I do want this to be a straightforward and readable history for that slice of the American population who depend on and appreciate intelligence, but who do not have the time to master its many obscure characteristics."

Getting to Yes: Negotiating Agreement Without Giving In


Roger Fisher - 1981
    One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken.This is by far the best thing I`ve ever read about negotiation. It is equally relevant for the individual who would like to keep his friends, property, and income and the statesman who would like to keep the peace." --John Kenneth Galbraith"

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.

Broken Trust: Greed, Mismanagement & Political Manipulation at America's Largest Charitable Trust


Samuel P. King - 2006
    Upon her death in 1884, she entrusted her property--known as Bishop Estate--to five trustees in order to create and maintain an institution that would benefit the children of Hawai'i: Kamehameha Schools. A century later, Bishop Estate controlled nearly one out of every nine acres in the state, a concentration of private land ownership rarely seen anywhere in the world. Then in August 1997 the unthinkable happened: Four revered kupuna (native Hawaiian elders) and a professor of trust-law publicly charged Bishop Estate trustees with gross incompetence and massive trust abuse. Entitled Broken Trust, the statement provided devastating details of rigged appointments, violated trusts, cynical manipulation of the trust's beneficiaries, and the shameful involvement of many of Hawai'i's powerful.No one is better qualified to examine the events and personalities surrounding the scandal than two of the original Broken Trust authors. Their comprehensive account together with historical background, brings to light information that has never before been made public, including accounts of secret meetings and communications involving Supreme Court justices.

Law and Literature


Richard A. Posner - 1998
    Posner's "Law and Literature" has handily lived up to the "Washington Post's" prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" ("Wall Street Journal").

Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption


Shon Hopwood - 2012
    Few who knew him as a friendly teen would have imagined that, shortly after returning home from the Navy, he’d be adrift with few prospects and plotting to rob a bank.  But rob he did, committing five heists before being apprehended.  Only twenty three and potentially facing twelve years in Illinois’ Pekin Federal Prison, Shon feared his life was already over. He’d shamed himself and his loving family and friends, and a part of him wanted to die.  He wasn’t sure at first if he’d survive the prison gangs, but slowly glimmers of hope appeared.  He earned some respect on the prison basketball court, received a steady flow of letters from hometown well wishers, including a note from a special girl whom he’d thought too beautiful to ever pay him notice – and, most crucially, he secured a job in the prison law library. It was an assignment that would prove his salvation. Poring over the library’s thick legal volumes, Shon discovered that he had a knack for the law, and he soon became the go-to guy for inmates seeking help. Then came a request to write a complex petition to the Supreme Court – a high-wire act of jailhouse lawyering that had never before met with success.   By the time Shon walked out of Pekin Prison he’d pulled off a series of legal miracles, earned the undying gratitude of numerous inmates, won the woman of his dreams, and built a new life for himself far greater than anything he could have imagined.  A story that mixes moments of high-adrenaline with others of deep poignancy, Law Man is a powerful reminder that even the worst mistakes can be redeemed through faith, hard work and the love and support of others.