Book picks similar to
Fiduciary Law by Tamar T. Frankel


law-school
philosophy
politics
business

Democracy and Tradition


Jeffrey L. Stout - 2003
    He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard.Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.

Capitalism: The Unknown Ideal


Ayn Rand - 1966
    This is the view of Ayn Rand, a view so radically opposed to prevailing attitudes that it constitutes a major philosophic revolution. In this series of essays, she presents her stand on the persecution of big business, the causes of war, the default of conservatism, and the evils of altruism. Here is a challenging new look at modern society by one of the most provocative intellectuals on the American scene.   This edition includes two articles by Ayn Rand that did not appear in the hardcover edition: “The Wreckage of the Consensus,” which presents the Objectivists’ views on Vietnam and the draft; and “Requiem for Man,” an answer to the Papal encyclical Progresso Populorum.

We the Corporations: How American Businesses Won Their Civil Rights


Adam Winkler - 2018
    Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

The Art of War


Niccolò Machiavelli
    The Art of War is far from an anachronism—its pages outline fundamental questions that theorists of war continue to examine today, making it essential reading for any student of military history, strategy, or theory. Machiavelli believed The Art of War to be his most important work.

Legally Kidnapped: The Case Against Child Protective Services


Carlos Morales - 2014
    Through keen insight, analysis, war stories, and interviews with attorneys & judges, Carlos Morales speaks truth to power in this shocking book. Unlike anything ever published, he breaks down exactly what families should do to protect themselves from this monolithic agency that has destroyed the lives of children & parents. Parents across the country have already used his legal recommendations and saved not only thousands of dollars on lawyer fees, but also protected the future of their family. It is imperative that people understand Child Protective Services in order to save their families, and this book accomplishes that in a gripping and thought provoking manner.

Understanding the Black Economy and Black Money in India: An Enquiry into Causes, Consequences & Remedies


Arun Kumar - 2017
    It has crippled the country’s economy for a long time to come. In this book, Arun Kumar, the country’s leading authority on the black economy, tells us why Modi’s gambit failed. He shows us the way in which the problem can be rooted out, provided the government has the political will and determination to act.Today, the black economy is estimated to be 62 per cent of GDP—or about `93 lakh crore ($1.4 trillion). Corrupt businessmen, corrupt politicians, and corrupt members of the executive (bureaucrats, police and the judiciary) are responsible for controlling the black economy and enabling its growth. If the black economy were to be dismantled and turned into a part of the ‘white’ economy, the country’s rate of growth would be 12 per cent. If it had not grown the way it has since the 1970s, India’s per capita income today would be approximately `7 lakh per annum ($11,000) and India would become the second largest economy in the world. If the black economy were taxed at current rates, it would generate `37 lakh crore in additional taxes and the union budget would show a surplus of `31 lakh crore instead of a deficit.The failure of successive governments to tackle the problem effectively has been the single biggest obstacle to eradicating poverty. It is the cause of both widespread policy failure and the inability of the nation to improve its living conditions rapidly.

Hard America, Soft America: Competition Vs. Coddling and the Battle for the Nation's Future


Michael Barone - 2004
    Indeed, American students lag behind their peers in other nations, but America remains on the leading edge economically, scientifically, technologically, and militarily. The reason for this paradox, explains Barone in this brilliant essay, is that “from ages six to eighteen Americans live mostly in what I call Soft America—the parts of our country where there is little competition and accountability. But from ages eighteen to thirty Americans live mostly in Hard America—the parts of American life subject to competition and accountability.” While Soft America coddles, Hard America plays for keeps. Educators, for example, protect children from the rigors of testing, ban dodgeball, and promote just about any student who shows up. But most adults quickly figure out that how they do depends on what they produce. Barone sweeps readers along, showing how we came to the current divide—for things weren’t always this way. In fact, no part of our society is all Hard or all Soft, and the boundary between Hard America and Soft America often moves back and forth. Barone also shows where America is headed—or should be headed. We don’t want to subject kindergartners to the rigors of the Marine Corps or leave old people uncared for. But Soft America lives off the productivity, creativity, and competence of Hard America, and we have the luxury of keeping part of our society Soft only if we keep most of it Hard.Hard America, Soft America reveals: • How the American situation is unique: In Europe, schooling is competitive and demanding, but adult life is Soft, with generous welfare benefits, short work hours, long vacations, and state pensions• How the American military has reclaimed the Hard goals and programs it abandoned in the Vietnam era• How Hardness drives America’s economy—an economy that businesses and economists nearly destroyed in the 1970s by spurning competition • How America’s schools have failed because they are bastions of Softness—but how they are finally showing signs of Hardening• The benefits of Softness: How government programs like Social Security were necessary in what was a harsh and unforgiving America• Hard America, Soft America is a stunningly original and provocative work of social commentary from one of this country’s most respected political analysts.From the Hardcover edition.

The Empathy Instinct: How to Create a More Civil Society


Peter Bazalgette - 2017
    The ability to put ourselves in somebody else's shoes, to see the world through somebody else's eyes . . .' Barack ObamaEmpathy is the power of understanding others, imaginatively entering into their feelings. It is a fundamental human attribute, without which mutually co-operative societies cannot function. In a revolutionary development, we now know who has it, who lacks it and why. Via the MRI scanner we are mapping the human brain. This is a new frontier that reveals a host of beneficial ideas for childcare, teens challenged by the internet, the justice system, decent healthcare, tackling racism and resolving conflicts. In this wide-ranging and accessible book full of entertaining stories that are underlined by the latest scientific research, Peter Bazalgette also mounts a passionate defence of arts and popular culture as a means of bridging the empathy gap. As the world's population expands, consuming the planet's finite resources, as people haunted by poverty and war are on the move and as digital communications infinitely complicate our social interactions, we find our patience and our sympathy constantly challenged. Here is the antidote.Culminating in a passionate manifesto on empathy, The Empathy Instinct is what makes us human and what can make us better humans.

A Bantu in my Bathroom


Eusebius McKaiser - 2012
    Nobody writes like this.’ - Jonathan Jansen Why are South Africans so uncomfortable with deep disagreement? Why do we lash out at people with opposing views without taking the time to engage logically with their arguments? Eusebius McKaiser is on a mission to raise the level of debate in South Africa. He provokes us from our comfort zones and lures us into the debates that shape our opinions and our society. With surprising candour and intensely personal examples, McKaiser examines our deepest-felt prejudices and ingrained assumptions. Don’t expect to read this book and escape with your defences intact. Immensely readable and completely engaging, McKaiser tackles deeply South African questions of race, sexuality and culture, including: •Can blacks be racist? •Why is our society so violent? •Is it morally okay to be prejudiced against skinny lovers? •Why is the presidential penis so problematic? •Is unconditional love ever a good thing? •Is it necessary to search for a national identity?

The Prosecutors: A Year in the Life of a District Attorney's Office


Gary Delsohn - 2003
     Allowed unprecedented access to spend a year inside an urban prosecutors' office, Gary Delsohn provides a riveting, behind-the-scenes look at how America's increasingly overburdened judicial system really functions. Seen through the eyes of the main characters in this true-life drama-John O'Mara, a tough, jaded homicide chief and Jan Scully, an accomplished former sex-crimes prosecutor who is now the D.A.-The Prosecutors shows us these dedicated public servants at work. The cases they encounter within this one year are as shocking as they are indelible: * A simple robbery in Sacramento, California, goes bad and shatters a family forever. * A serial killer is caught only after a nationwide manhunt. * A well-respected doctor is accused of murdering his own daughter. * A twenty-five-year-old cold case involving Patty Hearst and the SLA explodes and brings incredible pressure and scrutiny to the D.A.'s office. * The son of a high-ranking California state prosecutor faces a possible death penalty for kidnap, rape,and murder. The Prosecutors chronicles the real-life legal dramas that are waged daily in our courtrooms. It is a book that enlightens, educates, entertains, and even infuriates at times with the miscarriages of justice, but, ultimately, shows in stark detail the intricacies that make our legal system work.

Clarence Thomas and the Lost Constitution


Myron Magnet - 2019
    He found that his predecessors on the Court were complicit in the first step of this transformation, when in the 1870s they defanged the Civil War amendments intended to give full citizenship to his fellow black Americans. In the next generation, Woodrow Wilson, dismissing the framers and their work as obsolete, set out to replace laws made by the people's representatives with rules made by highly educated, modern, supposedly nonpartisan "experts," an idea Franklin Roosevelt supersized in the New Deal agencies that he acknowledged had no constitutional warrant. Then, under Chief Justice Earl Warren in the 1950s and 1960s, the Nine set about realizing Wilson's dream of a Supreme Court sitting as a permanent constitutional convention, conjuring up laws out of smoke and mirrors and justifying them as expressions of the spirit of the age.But Thomas, who joined the Court after eight years running one of the myriad administrative agencies that the Great Society had piled on top of FDR's batch, had deep misgivings about the new governmental order. He shared the framers' vision of free, self-governing citizens forging their own fate. And from his own experience growing up in segregated Savannah, flirting with and rejecting black radicalism at college, and running an agency that supposedly advanced equality, he doubted that unelected experts and justices really did understand the moral arc of the universe better than the people themselves, or that the rules and rulings they issued made lives better rather than worse. So in the hundreds of opinions he has written in more than a quarter century on the Court--the most important of them explained in these pages in clear, non-lawyerly language--he has questioned the constitutional underpinnings of the new order and tried to restore the limited, self-governing original one, as more legitimate, more just, and more free than the one that grew up in its stead. The Court now seems set to move down the trail he blazed.A free, self-governing nation needs independent-minded, self-reliant citizens, and Thomas's biography, vividly recounted here, produced just the kind of character that the founders assumed would always mark Americans. America's future depends on the power of its culture and institutions to form ever more citizens of this stamp.

NO


Boyd Rice - 2009
    NO dissects 45 deceptive affairs including Rebellion, The Sexes, Individuality, Equality, Peace, The Nazis, and Keeping It Real, all brought to light in a fashion that only Boyd Rice can. If past written collections of his work serve as time-capsuled history, let NO be the words of the future.Debossed paperback.

The Law of the Land: A Grand Tour of Our Constitutional Republic


Akhil Reed Amar - 2015
    While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America's Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, "the land of Lincoln," Amar shows how our sixteenth president's ideas about secession were influenced by his Midwestern upbringing and outlook. All of today's Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar's distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation's history and politics, and shows how America's various local parts fit together to form a grand federal framework.

The Future of the Professions: How Technology Will Transform the Work of Human Experts


Richard Susskind - 2015
    In an Internet society, according to Richard Susskind and Daniel Susskind, we will neither need nor want doctors, teachers, accountants, architects, the clergy, consultants, lawyers, and many others, to work as they did in the 20th century.The Future of the Professions explains how 'increasingly capable systems' -- from telepresence to artificial intelligence -- will bring fundamental change in the way that the 'practical expertise' of specialists is made available in society.The authors challenge the 'grand bargain' -- the arrangement that grants various monopolies to today's professionals. They argue that our current professions are antiquated, opaque and no longer affordable, and that the expertise of their best is enjoyed only by a few. In their place, they propose six new models for producing and distributing expertise in society.The book raises important practical and moral questions. In an era when machines can out-perform human beings at most tasks, what are the prospects for employment, who should own and control online expertise, and what tasks should be reserved exclusively for people?Based on the authors' in-depth research of more than ten professions, and illustrated by numerous examples from each, this is the first book to assess and question the relevance of the professions in the 21st century.

Concepts and Case Analysis in the Law of Contracts


Marvin A. Chirelstein - 1990
    This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.