Pillars of Justice

Lawyers and the Liberal Tradition

Author: Owen Fiss

Publisher: Harvard University Press

ISBN: 0674977327

Category: Law

Page: 224

View: 5735

The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.

Pillars of Justice

Lawyers and the Liberal Tradition

Author: Owen Fiss

Publisher: Harvard University Press

ISBN: 0674971868

Category: Biography & Autobiography

Page: 224

View: 5664

The constitutional theorist Owen Fiss explores the purpose and possibilities of life in the law through a moving account of thirteen lawyers who shaped the legal world during the past half century. He tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and principles they served.

Pillars of Justice

Lawyers and the Liberal Tradition

Author: Owen M. Fiss

Publisher: N.A

ISBN: 9780674977341

Category: LAW

Page: 209

View: 1490

Cover -- Title Page -- Copyright -- Dedication -- Contents -- Introduction -- I. The Struggle for Civil Rights -- 1. Thurgood Marshall: The Law's Promise -- 2. William Brennan: A Life Lived Twice -- 3. John Doar: To Stand for What Is Right -- 4. Burke Marshall: A Reluctant Hero -- II. Legal Education and the Culture of Liberalism -- 5. Harry Kalven: A Tenth Justice -- 6. Eugene Rostow: The Law according to Yale -- 7. Arthur Leff: Making Coffee and Other Duties of Citizenship -- 8. Catharine MacKinnon: Feminism in the Classroom -- 9. Joseph Goldstein: The Scholar as Sovereign -- III. The Fate of the Law -- 10. Carlos Nino: The Death of a Public Intellectual -- 11. Robert Cover: Cases and Materials -- 12. Morton Horwitz: Timeless Truths -- 13. Aharon Barak: Law Is Everywhere -- Coda -- Toiling in Eden -- Sources and Acknowledgments -- Index

The Law as it Could be

Author: Owen Fiss

Publisher: NYU Press

ISBN: 0814727263

Category: Law

Page: 287

View: 3939

The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.

The Righteous Mind

Why Good People are Divided by Politics and Religion

Author: Jonathan Haidt

Publisher: Vintage

ISBN: 0307455777

Category: Philosophy

Page: 500

View: 8054

Presents a groundbreaking investigation into the origins of morality at the core of religion and politics, offering scholarly insight into the motivations behind cultural clashes that are polarizing America.

Architect of Justice

Felix S. Cohen and the Founding of American Legal Pluralism

Author: Dalia Tsuk Mitchell

Publisher: Cornell University Press

ISBN: 9780801439568

Category: Biography & Autobiography

Page: 368

View: 839

A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907–1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism—a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

Closed chambers

the rise, fall, and future of the modern Supreme Court

Author: Edward Lazarus

Publisher: Penguin Group USA

ISBN: N.A

Category: History

Page: 598

View: 3614

A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.

Torture Team

Rumsfeld's Memo and the Betrayal of American Values

Author: Philippe Sands

Publisher: St. Martin's Press

ISBN: 9780230612167

Category: Political Science

Page: 272

View: 4156

On December 2, 2002 the U.S. 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 Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 4749

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

George Washington

The Wonder of the Age

Author: John Rhodehamel

Publisher: Yale University Press

ISBN: 0300229895

Category: Biography & Autobiography

Page: 368

View: 3917

A much-needed concise biography of America’s first president As editor of the award-winning Library of America collection of George Washington’s writings and a curator of the great man’s original papers, John Rhodehamel has established himself as an authority of our nation’s preeminent founding father. Rhodehamel examines George Washington as a public figure, arguing that the man—who first achieved fame in his early twenties—is inextricably bound to his mythic status. Solidly grounded in Washington’s papers and exemplary in its brevity, this approachable biography is a superb introduction to the leader whose name has become synonymous with America.

Overruled: The Long War for Control of the U.S. Supreme Court

Author: Damon Root

Publisher: St. Martin's Press

ISBN: 1137474688

Category: Political Science

Page: 288

View: 6629

Should the Supreme Court defer to the will of the majority and uphold most democratically enacted laws? Or does the Constitution empower the Supreme Court to protect a broad range of individual rights from the reach of lawmakers? In this timely and provocative book, Damon Root traces the long war over judicial activism and judicial restraint from its beginnings in the bloody age of slavery, the Civil War, and Reconstruction to its central role in today's blockbuster legal battles over gay rights, gun control, and health care reform. It's a conflict that cuts across the political spectrum in surprising ways and makes for some unusual bedfellows. Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom. Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.

Equal Before the Law

How Iowa Led Americans to Marriage Equality

Author: Tom Witosky,Marc Hansen

Publisher: University of Iowa Press

ISBN: 1609383494

Category: Law

Page: 236

View: 7575

The court s decision in "Varnum v. Brien" made Iowa only the third state in the nation to permit same-sex couples to wedmoderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, "Varnum v. Brien" was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today. "Equal Before the Law" tells the stories behind this critical battle in the fight for marriage equality and traces the decision s impact. The struggle began in 1998 with the easy passage of Iowa s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall. "

We the Corporations: How American Businesses Won Their Civil Rights

Author: Adam Winkler

Publisher: Liveright Publishing

ISBN: 0871403846

Category: Law

Page: 384

View: 9044

We the Corporations chronicles the revelatory story of one of the most successful, yet least known, “civil rights movements” in American history. We the Corporations chronicles the astonishing story of one of the most successful yet least well-known “civil rights movements” in American history. 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.

With Liberty and Justice for Some

How the Law Is Used to Destroy Equality and Protect the Powerful

Author: Glenn Greenwald

Publisher: Metropolitan Books

ISBN: 1466805765

Category: Law

Page: 304

View: 3669

From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

Conscience and Its Enemies

Confronting the Dogmas of Liberal Secularism

Author: Robert P. George

Publisher: Open Road Media

ISBN: 150403645X

Category: Political Science

Page: 343

View: 7884

“Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief.” From the introduction: Assaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack. Showcasing the talents that have made him one of America’s most acclaimed and influential thinkers, Robert P. George explodes the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.

Ideas with Consequences

The Federalist Society and the Conservative Counterrevolution

Author: Amanda Hollis-Brusky

Publisher: Oxford University Press, USA

ISBN: 0199385521

Category: Political Science

Page: 252

View: 6105

"There are few intellectual movements in American political history more successful than the Federalist Society. Created in 1982 to counterbalance what its founders considered a liberal legal establishment, the organization has now become the conservative legal establishment, and membership is all but required for any conservative lawyer who hopes to enter politics or the judiciary. It can claim 40,000 members, including four Supreme Court Justices, dozens of federal judges, and every Republican attorney general since its inception. But its power goes even deeper. In Ideas with Consequences, Amanda Hollis-Brusky, an expert on conservative legal movements, provides the first ever comprehensive documentation of how the Federalist Society exerts its influence. Drawing from a huge trove of documents, transcripts, and interviews, she presents a series of important legal questions and explains how the Federalist Society managed to revolutionize the jurisprudence for each one. Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level. With unparalleled research and analysis of some of the hottest political and judicial issues of our time, Ideas with Consequences is the essential guide to the Federalist Society at a time when its power has broader implications than ever"--

Justice

The China Experience

Author: Flora Sapio,Susan Trevaskes,Sarah Biddulph,Elisa Nesossi

Publisher: Cambridge University Press

ISBN: 1107190428

Category: Law

Page: 421

View: 3485

Claims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.

Justice

What's the Right Thing to Do?

Author: Michael J. Sandel

Publisher: Macmillan

ISBN: 0374532508

Category: Philosophy

Page: 308

View: 9976

A Harvard professor assesses the role of justice in today's society as well as the moral responsibilities faced by everyday citizens, weighing a range of issues from euthanasia and abortion to affirmative action and tax structuring. Reprint. A best-selling book.

Civility

Manners, Morals, and the Etiquette of Democracy

Author: Stephen L. Carter

Publisher: Basic Books (AZ)

ISBN: N.A

Category: Political Science

Page: 338

View: 7924

Considers the causes and nature of the moral crisis in America today and offers ways in which families, individuals, and politicians can improve the country by adhering to basic principles of civility

A Pillar of Iron

A Novel of Ancient Rome

Author: Taylor Caldwell

Publisher: Open Road Media

ISBN: 1504042980

Category: Fiction

Page: 768

View: 3605

New York Times Bestseller: A magnificent novel of ancient Rome and the tragic life of Cicero, who tried in vain to save the republic he loved from tyranny. In this riveting tale, the Roman Empire in its final glory is seen through the eyes of philosopher, orator, and political theorist Marcus Tullius Cicero. From his birth in 106 BC in the hill town of Arpinum, Cicero, the educated son of a wealthy member of the equestrian order, is destined for greatness. At a young age, he discovers the legend of the Unknown God, the coming Messiah, and it propels the rising lawyer on a journey of spiritual conflict and self-discovery. From his tumultuous family life to his tenuous alliance with Julius Caesar to a fateful love affair with the Roman empress Livia and, finally, to the political role that will make him a target of powerful enemies, A Pillar of Iron is the story of Cicero’s legacy as one the greatest influences on Western civilization. Based on hundreds of speeches, voluminous private correspondence, and ancient texts and manuscripts, this bestselling epic brings into focus Cicero’s complicated relationships with his contemporaries, including Caesar, Mark Antony, and Crassus, and brilliantly captures the pageantry, turmoil, and intrigue of life in ancient Rome. According to legendary editor Maxwell Perkins, author “Taylor Caldwell is a storyteller first, last and foremost, and once you begin reading one of her books, you can’t help finishing it.” This ebook features an illustrated biography of Taylor Caldwell including rare images from the author’s estate.