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Who Gets What: Fair Compensation after Tragedy and Financial Upheaval
Kenneth R. Feinberg - 2012
What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
The Living Constitution
David A. Strauss - 2010
He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
The Deniers: The World-Renowned Scientists Who Stood Up Against Global Warming Hysteria, Political Persecution, and Fraud: And Those Who Are Too Fearful to Do So
Lawrence Solomon - 2008
that the science is settled. Author Lawrence Solomon an internationally renowned environmentalist shows these men have faced a vicious campaign of intimidation by those who, like Al Gore, seek to pervert science and silence dissent to advance their own political agenda. Some have been intimidated into silence. Others have seen their funding denied and their labs shut down as a result of political pressure. But the testimony of their work remains too powerful to deny. Extensively footnoted including URLs to crucial scientific papers (and lively e-mails detailing the inside politics of global warming) and lavishly illustrated with charts and graphs, The Deniers will do more than spark controversy. The Deniers is destined to become the most reliable and provocative sourcebook on the real global warming debate.
The Law of Self Defense
Andrew F. Branca - 2013
That's why you take steps to protect yourself and your family. Whether it be that shotgun in the corner, the sidearm on your hip, or the pepper spray you gave your daughter, you meet that fundamental responsibility. But if you're like most people, your preparations still lack a critical element. You still need to know how to survive the critical fight that looms after any defensive encounter: the legal battle. The Law of Self Defense provides precisely that critical, missing knowledge. This book includes not just the laws of all fifty states, but how the courts apply those laws. It's a plain-talk analysis that makes the law easy to understand, not just lawyers. Learn how to make fast, effective decisions and confidently handle life-and-death situations both tactically and legally.
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.
The Social Contract & Other Later Political Writings (Texts in the History of Political Thought)
Jean-Jacques Rousseau - 1997
The Social Contract was publicly condemned on publication causing Rousseau to flee. In exile he wrote both autobiographical and political works.
Power and Constraint: The Accountable Presidency After 9/11
Jack L. Goldsmith - 2012
In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable.These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
A Case for the American People: The United States v. Donald J. Trump
Norman Eisen - 2020
In his behind-the-scenes account of the attempts to bring the president to justice—from filing the very first legal actions against him, through the Mueller report, to the turbulent impeachment and trial, to the president’s ongoing wrongdoing today—Norman Eisen, at the forefront of the battle since the day of Trump’s inauguration, pulls back the curtain on the process. He reveals ten proposed articles of impeachment, not just the two that were publicly tried, all of which he had a hand in drafting. He then guides us through Trump’s lifelong instincts that have dictated his presidency: a cycle of abuse, corruption, and relentless obstruction of the truth. Since taking the oath of office, Donald Trump has been on a spree of high crimes and misdemeanors, using the awesome power of the presidency for his own personal gain, at the expense of the American people. He has inflamed our divisions for his electoral benefit, with flagrant disregard for the Constitution that makes us America. Each step of the way, he has lied incessantly, including to cover up his crimes. And yet he remains in the country’s highest office. Congress, federal and state prosecutors, and courts have worked to hold the president accountable for his myriad offenses—with some surprising successes and devastating failures. Eisen, who served as special counsel to the House Judiciary Committee for Trump’s impeachment and trial, presents the case against Trump anew. Eisen’s gripping narrative and rousing closing argument—at turns revelatory, insightful, and enraging—will inspire our nation of judges. History has proven that this president’s nefarious behavior will continue, no matter the crisis. But, as Eisen’s candid retelling affirms, there is an ultimate constitutional power that transcends the president’s, a power that can and must defeat him if our nation is to survive. The verdict of the American people remains in the balance. It is time for us to act.
Narendra Modi: The Man, The Times
Nilanjan Mukhopadhyay - 2013
Despite polarizingGujarat and India in more ways than one, Modibrilliantly does what it takes to survive in ademocracy: win elections.Written by veteran journalist and writer, NilanjanMukhopadhyay, after several indepth interviews,meticulous research and extensive travel throughGujarat, this book reveals hitherto unknownaspects of Narendra Modis psyche: as a sixyearold boy selling tea to help out his fatherand distributing badges and raising slogans atthe behest of a local political leader; abandoninghis family and wife in search of his definition oftruth; initiation into the RSS as a fledgling who ranerrands for his seniors; his idea of Gujarati prideand Indianness; and finally, his meteoric risewhich gave him a distinct identity post the 2002Godhra riots.Narendra Modi: The Man, The Times is a definitivebiography of a man who may have challenged thebasic principles of a sovereign secular nation butemerged as an undisputed and largerthanlifeleader. About The Author: Nilanjan Mukhopadhyay is the author of TheDemolition: India at the Crossroads, andhas written for several newspapers and magazinesincluding The Economic Times, Hindustan Times,Outlook and The Statesman. He currently also presents a weekly show Page From History on LokSabha TV which showcases historical debates.
Desk 88: Eight Progressive Senators Who Changed America
Sherrod Brown - 2019
Senate in 2006, Ohio’s Sherrod Brown has sat on the Senate floor at a mahogany desk with a proud history. In Desk 88, he tells the story of eight of the Senators who were there before him. "Perhaps the most imaginative book to emerge from the Senate since Senator John F. Kennedy of Massachusetts produced Profiles in Courage." —David M. Shribman, The Boston GlobeDespite their flaws and frequent setbacks, each made a decisive contribution to the creation of a more just America. They range from Hugo Black, who helped to lift millions of American workers out of poverty, to Robert F. Kennedy, whose eyes were opened by an undernourished Mississippi child and who then spent the rest of his life afflicting the comfortable. Brown revives forgotten figures such as Idaho’s Glen Taylor, a singing cowboy who taught himself economics and stood up to segregationists, and offers new insights into George McGovern, who fought to feed the poor around the world even amid personal and political calamities. He also writes about Herbert Lehman of New York, Al Gore Sr. of Tennessee, Theodore Francis Green of Rhode Island, and William Proxmire of Wisconsin. Together, these eight portraits in political courage tell a story about the triumphs and failures of the Progressive idea over the past century: in the 1930s and 1960s, and more intermittently since, politicians and the public have successfully fought against entrenched special interests and advanced the cause of economic or racial fairness. Today, these advances are in peril as employers shed their responsibilities to employees and communities, and a U.S. president gives cover to bigotry. But the Progressive idea is not dead. Recalling his own career, Brown dramatizes the hard work and high ideals required to renew the social contract and create a new era in which Americans of all backgrounds can know the “Dignity of Work.”
The Presidents Club: Inside the World's Most Exclusive Fraternity
Nancy Gibbs - 2012
Among their secrets: How Jack Kennedy tried to blame Ike for the Bay of Pigs. How Ike quietly helped Reagan win his first race in 1966. How Richard Nixon conspired with Lyndon Johnson to get elected and then betrayed him. How Jerry Ford and Jimmy Carter turned a deep enmity into an alliance. The unspoken pact between a father and son named Bush. And the roots of the rivalry between Clinton and Barack Obama. Time magazine editors and presidential historians Nancy Gibbs and Michael Duffy offer a new and revealing lens on the American presidency, exploring the club as a hidden instrument of power that has changed the course of history.
Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law
Preet Bharara - 2019
Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature. The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives. Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result). Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.
Lesterland: The Corruption of Congress and How to End It
Lawrence Lessig - 2013
In Le$terland: The Corruption of Congress and How To End It, Harvard law professor Lawrence Lessig takes on the deep flaws in our campaign finance system and lays out a plan for fixing it. Lessig describes a place called Lesterland, a fictional land with a population of 311 million people of whom the 144,000, or 0.05 percent, named Lester are the people really in charge. It’s the United States, of course, and Lesters are the people who fund the election. Lessig notes that just 132 Americans gave 60 percent of the SuperPAC money spent in the election cycle. It’s these few, he says, who are our Lesters, and our dependence on them is perverting the democracy of the country. After all, if candidates have to spend 30 to 70 percent of their time trying to raise funds to get back to Congress, which they do, might that not affect their principles, their beliefs, their ideals, and what they’re prepared to fight for on behalf of the people? It's time to change the system. Here's how.
Democracy and Distrust: A Theory of Judicial Review
John Hart Ely - 1980
Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
The Right Fights Back: Playbook 2012 (POLITICO Inside Election 2012)
Mike Allen - 2011
The first edition, The Right Fights Back, follows the campaign for the Republican presidential nomination. The battle for the 2012 Republican presidential nomination promises to be one of the most hotly contested and closely fought in recent memory, as establishment Republicans, Tea Party favorites, and dark horse insurgents vie to take on President Obama in the November election. In The Right Fights Back, Mike Allen, chief White House correspondent for POLITICO, and Evan Thomas, the award-winning journalist and author of Robert F. Kennedy and The War Lovers, chronicle the dramatic events of this historic campaign as it unfolds. With exclusive real-time reporting from the campaign trail, The Right Fights Back provides detail, color, and in-depth analysis that take readers beyond the hourly headlines and commentary. From the role of Super PACS and conservative interest groups to the clashes of personality and policy that will define the race to capture the GOP nomination, this is a history-as-it-happens account of the resurgent American right at the crossroads.