A History of American Law


Lawrence M. Friedman - 1973
    Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.

The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States


National Commission on Terrorist Attacks Upon The United States - 2004
    In Lower Manhattan, on a field in Pennsylvania, and along the banks of the Potomoc, the United States suffered the single largest loss of life from an enemy attack on its soil.In November 2002 the United States Congress and President George W. Bush established by law the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission. This independent, bipartisan panel was directed to examine the facts and circumstances surrounding the September 11 attacks, identify lessons learned, and provide recommendations to safeguard against future acts of terrorism. This volume is the authorized edition of the Commission's final report. This volume is the authorized edition of the Commission's final report.

The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives


Jesse Eisinger - 2017
    The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).

Legacy of Ashes: The History of the CIA


Tim Weiner - 2007
    Its mission was to know the world. When it did not succeed, it set out to change the world. Its failures have handed us, in the words of President Eisenhower, “a legacy of ashes.”Now Pulitzer Prize–winning author Tim Weiner offers the first definitive history of the CIA—and everything is on the record. LEGACY OF ASHES is based on more than 50,000 documents, primarily from the archives of the CIA itself, and hundreds of interviews with CIA veterans, including ten Directors of Central Intelligence. It takes the CIA from its creation after World War II, through its battles in the cold war and the war on terror, to its near-collapse after September 11th, 2001.Tim Weiner’s past work on the CIA and American intelligence was hailed as “impressively reported” and “immensely entertaining” in The New York Times.The Wall Street Journal called it “truly extraordinary . . . the best book ever written on a case of espionage.” Here is the hidden history of the CIA: why eleven presidents and three generations of CIA officers have been unable to understand the world; why nearly every CIA director has left the agency in worse shape than he found it; and how these failures have profoundly jeopardized our national security.

This Fight Is Our Fight: The Battle to Save America's Middle Class


Elizabeth Warren - 2017
    Senator from Massachusetts and bestselling author offers a passionate, inspiring book about why our middle class is under siege and how we can win the fight to save it Senator Elizabeth Warren has long been an outspoken champion of America’s middle class, and by the time the people of Massachusetts elected her in 2012, she had become one of the country’s leading progressive voices. Now, at a perilous moment for our nation, she has written a book that is at once an illuminating account of how we built the strongest middle class in history, a scathing indictment of those who have spent the past thirty-five years undermining working families, and a rousing call to action. Warren grew up in Oklahoma, and she’s never forgotten how difficult it was for her mother and father to hold on at the ragged edge of the middle class. An educational system that offered opportunities for all made it possible for her to achieve her dream of going to college, becoming a teacher, and, later, attending law school. But now, for many, these kinds of opportunities are gone, and a government that once looked out for working families is instead captive to the rich and powerful. Seventy-five years ago, President Franklin Roosevelt and his New Deal ushered in an age of widespread prosperity; in the 1980s, President Ronald Reagan reversed course and sold the country on the disastrous fiction called trickle-down economics. Now, with the election of Donald Trump—a con artist who promised to drain the swamp of special interests and then surrounded himself with billionaires and lobbyists—the middle class is being pushed ever closer to collapse.Written in the candid, high-spirited voice that is Warren’s trademark, This Fight Is Our Fight tells eye-opening stories about her battles in the Senate and vividly describes the experiences of hard-working Americans who have too often been given the short end of the stick. Elizabeth Warren has had enough of phony promises and a government that no longer serves its people—she won’t sit down, she won’t be silenced, and she will fight back.

A Matter of Interpretation: Federal Courts and the Law


Antonin Scalia - 1997
    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.

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.

Days of Fire: Bush and Cheney in the White House


Peter Baker - 2013
    Confronted by one crisis after another, they struggled to protect the country, remake the world, and define their own relationship along the way. In Days of Fire, Peter Baker chronicles the history of the most consequential presidency in modern times through the prism of its two most compelling characters, capturing the elusive and shifting alliance of George Walker Bush and Richard Bruce Cheney as no historian has done before. He brings to life with in-the-room immediacy all the drama of an era marked by devastating terror attacks, the Iraq War, Hurricane Katrina, and financial collapse.      The real story of Bush and Cheney is a far more fascinating tale than the familiar suspicion that Cheney was the power behind the throne. Drawing on hundreds of interviews with key players, and thousands of pages of never-released notes, memos, and other internal documents, Baker paints a riveting portrait of a partnership that evolved dramatically over time, from the early days when Bush leaned on Cheney, making him the most influential vice president in history, to their final hours, when the two had grown so far apart they were clashing in the West Wing. Together and separately, they were tested as no other president and vice president have been, first on a bright September morning, an unforgettable “day of fire” just months into the presidency, and on countless days of fire over the course of eight tumultuous years.     Days of Fire is a monumental and definitive work that will rank with the best of presidential histories. As absorbing as a thriller, it is eye-opening and essential reading.

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.

Scalia: A Court of One


Bruce Allen Murphy - 2014
    His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986.Scalia’s evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.

This Town: Two Parties and a Funeral — plus plenty of valet parking! — in America’s Gilded Capital


Mark Leibovich - 2013
    What keeps the permanent government spinning on its carousel is the freedom of shamelessness, and that mother's milk of politics, cash. In Mark Leibovich’s remarkable look at the way things really work in D.C., a funeral for a beloved television star becomes the perfect networking platform, a disgraced political aide can emerge with more power than his boss, campaign losers befriend their vanquishers (and make more money than ever!), "conflict of interest" is a term lost in translation, political reporters are fetishized and worshipped for their ability to get one's name in print, and, well - we're all really friends, aren't we? What Julia Phillips did for Hollywood, Timothy Crouse did for journalists, and Michael Lewis did for Wall Street, Mark Leibovich does for our nation's capital.'

The Case Against the Supreme Court


Erwin Chemerinsky - 2014
    The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and United Citizens, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.

The Secret Barrister: Stories of the Law and How It's Broken


The Secret Barrister - 2018
    These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. This is a first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister shows you what it’s really like and why it really matters.

Disloyal: The True Story of the Former Personal Attorney to President Donald J. Trump


Michael Cohen - 2020
    As Trump’s lawyer and “fixer,” Cohen not only witnessed firsthand, but was also an active participant in the inner workings of Trump’s business empire, political campaign, and presidential administration.This is a story that you have not read in newspapers, or on social media, or watched on television. These are accounts that only someone who worked for Trump around the clock for over a decade—not a few months or even a couple of years—could know. Cohen describes Trump’s racist rants against President Barack Obama, Nelson Mandela, and Black and Hispanic people in general, as well as the cruelty, humiliation, and abuse he leveled at family and staff. Whether he’s exposing the fact that Trump engaged in tax fraud by inflating his wealth or election fraud by rigging polls, or outing Trump’s Neanderthal views towards women or his hush-money payments to clandestine lovers, Cohen pulls no punches.He show’s Trump’s relentless willingness to lie, exaggerate, mislead, or manipulate. Trump emerges as a man without a soul—a man who courts evangelicals and then trashes them, panders to the common man, but then rips off small business owners, a con-man who will do or say absolutely anything to win, regardless of the cost to his family, his associates, or his country.At the heart of Disloyal, we see how Cohen came under the spell of his charismatic Boss and, as a result, lost all sense of his moral compass.The real real Donald Trump who permeates these pages—the racist, sexist, homophobic, lying, cheating President—will be discussed, written about, and analyzed for years to come.

Men in Black: How Judges are Destroying America


Mark R. Levin - 2005
    Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In Men in Black: How the Supreme Court Is Destroying America , Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights.  Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.