The Odd Clauses

Understanding the Constitution Through Ten of Its Most Curious Provisions

Author: Jay Wexler

Publisher: N.A

ISBN: 0807000892

Category: Law

Page: 222

View: 1080

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"An innovative, insightful, and often humorous look at the Constitution's lesser-known clauses, offering a fresh approach to understanding our democracy. In this captivating and witty book, Jay Wexler draws on his extensive background in constitutional law to shine a much-deserved light on some of the Constitution's lesser-known parts. For a variety of reasons, many of the Constitution's "odd clauses" never make it to any court, and therefore never make headlines or even law school classrooms that teach from judicial decisions. Wexler delves into many of those more obscure passages, which he uses to illuminate the essence of our democratic process, including our tripartite government; the principles of equality, liberty, and privacy; and the integrity of our democracy"--

American Epic

Reading the US Constitution

Author: Garrett Epps

Publisher: Oxford University Press

ISBN: 0199389713

Category: Law

Page: 304

View: 6162

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"The United States is the only nation in the world in which political leaders, judges and soldiers all swear allegiance not to a king or a people but to a document, the Constitution. The Constitution today, however, is much revered but little read. . Readers of AMERICAN EPIC will never think of the Constitution in quite the same way again. Garrett Epps, a legal scholar who is also a journalist and writer of prize-winning fiction, takes readers on a literary tour of the Constitution, finding in it much that is interesting, puzzling, praiseworthy, and sometimes hilarious. Reading the Constitution like a literary work yields a host of meanings that shed new light on what it means to be an American"--

Engines of Liberty

The Power of Citizen Activists to Make Constitutional Law

Author: David Cole

Publisher: N.A

ISBN: 0465060900

Category: Political Science

Page: 320

View: 3281

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Tuttle in the Balance

Author: Jay Wexler

Publisher: Ankerwycke

ISBN: 9781634251457

Category: Fiction

Page: 320

View: 1162

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Read this hilarious fictional account of a Supreme Court justice with a serious mid-life crises. But where most men would buy a sports car, Ed Tuttle s rethinking of his life can have very serious consequences far beyond his own home. You'll never look at the Supreme Court again the same way after reading this funny, but remarkably poignant look at life."

The Writing and Ratification of the U.S. Constitution

Practical Virtue in Action

Author: John R. Vile

Publisher: Rowman & Littlefield Publishers

ISBN: 1442217707

Category: Law

Page: 292

View: 7994

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The Writing and Ratification of the U.S. Constitution: Practical Virtue in Action examines the events surrounding the development of the U.S. Constitution. Setting these events within the context of the colonial conflict with Britain and the experience with state constitutions under the Articles of Confederation, John R. Vile discusses the delegates who attended the Constitutional Convention of 1787, the major plans and proposals that delegates offered, and the arguments that delegates made both in the Convention and in subsequent state ratifying debates that ultimately led to the adoption of the U.S. Bill of Rights. Vile contends that the Convention and subsequent ratifying conventions were not mere exercises in political theory but practical attempts to formulate a workable government that all the states would ratify. Focusing chiefly on records of debates at the Convention, the book is a legal brief, identifying key facts, issues, arguments, and compromises, and providing a unique window into the contestation surrounding this keystone American political moment. This book is perfect for scholars and students in the field of American political history and development.

The Other Rights Revolution

Conservative Lawyers and the Remaking of American Government

Author: Assistant Professor of American Studies and Political Science Jefferson Decker

Publisher: Oxford University Press

ISBN: 0190467312

Category: Cause lawyers

Page: 296

View: 2770

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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

Make No Law

The Sullivan Case and the First Amendment

Author: Anthony Lewis

Publisher: Vintage

ISBN: 0307787826

Category: Political Science

Page: 368

View: 4547

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The First Amendment puts it this way: "Congress shall make no law...abridging the freedom of speech, or of the press." Yet, in 1960, a city official in Montgomery, Alabama, sued The New York Times for libel -- and was awarded $500,000 by a local jury -- because the paper had published an ad critical of Montgomery's brutal response to civil rights protests. The centuries of legal precedent behind the Sullivan case and the U.S. Supreme Court's historic reversal of the original verdict are expertly chronicled in this gripping and wonderfully readable book by the Pulitzer Prize -- winning legal journalist Anthony Lewis. It is our best account yet of a case that redefined what newspapers -- and ordinary citizens -- can print or say.

The Most Fundamental Right

Contrasting Perspectives on the Voting Rights Act

Author: Daniel McCool

Publisher: Indiana University Press

ISBN: 0253007100

Category: Law

Page: 418

View: 9514

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Passed in 1965 during the height of the Civil Rights movement, the Voting Rights Act (VRA) changed the face of the American electorate, dramatically increasing minority voting, especially in the South. While portions of the Act are permanent, certain provisions were set to expire in 2007. Reauthorization of these provisions passed by a wide margin in the House, and unanimously in the Senate, but the lopsided tally hid a deep and growing conflict. The Most Fundamental Right is an effort to understand the debate over the Act and its role in contemporary American democracy. Is the VRA the cornerstone of civil rights law that prevents unfair voting practices, or is it an anachronism that no longer serves American democracy? Divided into three sections, the book utilizes a point/counterpoint approach. Section 1 explains the legal and political context of the Act, providing important background for what follows; Section 2 pairs three debates concerning specific provisions or applications of the Act; while Section 3 offers commentaries on the previous chapters from attorneys with widely divergent viewpoints.

Payback

The Case for Revenge

Author: Thane Rosenbaum

Publisher: University of Chicago Press

ISBN: 022604369X

Category: Law

Page: 320

View: 6099

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We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.

The Adventures of Ed Tuttle, Associate Justice, and Other Stories

Author: Jay Wexler

Publisher: Quid Pro Books

ISBN: 1610271270

Category: Fiction

Page: 178

View: 3872

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A zoo with only black and white animals. A camp where children are forced to gather clams or face a trip to the 'hot box'; a Supreme Court Justice's confirmation hearing presided over by the 1977 Kansas City Royals. 'The Adventures of Ed Tuttle, Associate Justice, and Other Stories' transports one to these hilarious places and beyond. This world, according to Dan Kennedy, host of The Moth Storytelling Podcast, is ''where corporate cafeteria lunch servers blurt out Kierkegaard quotes to soften the hard luck of a low supply of the 'lunch beans'; that two raging alcoholic white collar workers crave daily; a world where an HMO in-network dentist hovers over patients and instead of asking about their flossing habits or aches, asks what it is that they like best about him; a world where television sitcoms are set on death row. That's nothing--that's the tip of the iceberg." These stories, illustrations, and other errata are as funny as they are strange, as wonderful as they are wacky. "This is funny stuff, and I hope that Jay Wexler will donate his brain to neuroscience so we can see what's up with it." --Steven Pinker, Harvard College Professor of Psychology, Harvard University, 'How the Mind Works' "Jay Wexler is my kind of writer--a weird one, and a wry one, and one who isn't afraid to act silly in a sort of bait-and-switch that, to the reader's surprise, moves him as much as it makes him laugh. Like all the best comedians, Wexler is clearly nursing a heart that the world broke a long time ago. 'Ed Tuttle' is a book that can't decide what it wants to be when it grows up, but as with most cases of arrested development, there's something very serious going on behind all the antics. Plus, there are pictures."--Ron Currie, Jr., 'Everything Matters!' "Jay Wexler writes as if he has the ghost of James Thurber haunting him. These stories and sketches will hurt your gut and then tickle your brain. You need this humor. It'll be a hard week without it." --William Giraldi, 'Busy Monsters'

The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 4958

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"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.

Anonymous Lawyer

A Novel

Author: Jeremy Blachman

Publisher: Henry Holt and Company

ISBN: 1466803231

Category: Fiction

Page: 288

View: 9927

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A wickedly funny debut novel about a high-powered lawyer whose shockingly candid blog about life inside his firm threatens to destroy him He's a hiring partner at one of the world's largest law firms. Brilliant yet ruthless, he has little patience for associates who leave the office before midnight or steal candy from the bowl on his secretary's desk. He hates holidays and paralegals. And he's just started a weblog to tell the world about what life is really like at the top of his profession. Meet Anonymous Lawyer—corner office, granite desk, and a billable rate of $675 an hour. The summer is about to start, and he's got a new crop of law school interns who will soon sign away their lives for a six-figure salary at the firm. But he's also got a few problems that require his attention. There's The Jerk, his bitter rival at the firm, who is determined to do whatever it takes to beat him out for the chairman's job. There's Anonymous Wife, who is spending his money as fast as he can make it. And there's that secret blog he's writing, which is a perverse bit of fun until he gets an e-mail from someone inside the firm who knows he's its author. Written in the form of a blog, Anonymous Lawyer is a spectacularly entertaining debut that rips away the bland façade of corporate law and offers a telling glimpse inside a frightening world. Hilarious and fiendishly clever, Jeremy Blachman's tale of a lawyer who lives a lie and posts the truth is sure to be one of the year's most talked-about novels.

Original Meanings

Politics and Ideas in the Making of the Constitution

Author: Jack N. Rakove

Publisher: Vintage

ISBN: 0307434516

Category: Political Science

Page: 464

View: 7850

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From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans. From the Trade Paperback edition.

When God Isn't Green

A World-Wide Journey to Places Where Religious Practice and Environmentalism Collide

Author: Jay Wexler

Publisher: Beacon Press

ISBN: 0807001929

Category: Religion

Page: 216

View: 7217

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In this lively, round-the-world trip, law professor and humorist Jay Wexler explores the intersection of religion and the environment. Did you know that * In Hong Kong and Singapore, Taoists burn paper money to appease "hungry ghosts," filling the air with smoke and dangerous toxins? * In Mumbai, Hindus carry twenty-foot-tall plaster of Paris idols of the elephant god Ganesh into the sea and leave them on the ocean floor to symbolize the impermanence of life, further polluting the scarce water resources of western India? * In Taiwan, Buddhists practicing "mercy release" capture millions of small animals and release them into inappropriate habitats, killing many of the animals and destroying ecosystems? * In Central America, palm frond sales to US customers for Palm Sunday celebrations have helped decimate the rain forests of Guatemala and southern Mexico? * In New York, Miami, and other large US cities, Santeria followers sprinkle mercury in their apartments to fend off witches, poisoning those homes for years to come? * In Israel, on Lag B'omer, a holiday commemorating a famous rabbi, Jews make so many bonfires that the smoke can be seen from space, and trips to the emergency room for asthma and other pulmonary conditions spike? Law professor and humorist Jay Wexler travels the globe in order to understand the complexity of these problems and learn how society can best address them. He feasts on whale blubber in northern Alaska, bumps along in the back of a battered jeep in Guatemala, clambers down the crowded beaches of Mumbai, and learns how to pluck a dead eagle in Colorado, all to answer the question "Can religious practice and environmental protection coexist?"

My Life

Author: Bill Clinton

Publisher: Vintage

ISBN: 9781400043934

Category: Biography & Autobiography

Page: 1008

View: 978

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President Bill Clinton’s My Life is the strikingly candid portrait of a global leader who decided early in life to devote his intellectual and political gifts, and his extraordinary capacity for hard work, to serving the public. It shows us the progress of a remarkable American, who, through his own enormous energies and efforts, made the unlikely journey from Hope, Arkansas, to the White House—a journey fueled by an impassioned interest in the political process which manifested itself at every stage of his life: in college, working as an intern for Senator William Fulbright; at Oxford, becoming part of the Vietnam War protest movement; at Yale Law School, campaigning on the grassroots level for Democratic candidates; back in Arkansas, running for Congress, attorney general, and governor. We see his career shaped by his resolute determination to improve the life of his fellow citizens, an unfaltering commitment to civil rights, and an exceptional understanding of the practicalities of political life. We come to understand the emotional pressures of his youth—born after his father’s death; caught in the dysfunctional relationship between his feisty, nurturing mother and his abusive stepfather, whom he never ceased to love and whose name he took; drawn to the brilliant, compelling Hillary Rodham, whom he was determined to marry; passionately devoted, from her infancy, to their daughter, Chelsea, and to the entire experience of fatherhood; slowly and painfully beginning to comprehend how his early denial of pain led him at times into damaging patterns of behavior. President Clinton’s book is also the fullest, most concretely detailed, most nuanced account of a presidency ever written—encompassing not only the high points and crises but the way the presidency actually works: the day-to-day bombardment of problems, personalities, conflicts, setbacks, achievements. It is a testament to the positive impact on America and on the world of his work and his ideals. It is the gripping account of a president under concerted and unrelenting assault orchestrated by his enemies on the Far Right, and how he survived and prevailed. It is a treasury of moments caught alive, among them: • The ten-year-old boy watching the national political conventions on his family’s new (and first) television set. • The young candidate looking for votes in the Arkansas hills and the local seer who tells him, “Anybody who would campaign at a beer joint in Joiner at midnight on Saturday night deserves to carry one box. . . . You’ll win here. But it’ll be the only damn place you win in this county.” (He was right on both counts.) • The roller-coaster ride of the 1992 campaign. • The extraordinarily frank exchanges with Newt Gingrich and Bob Dole. • The delicate manipulation needed to convince Rabin and Arafat to shake hands for the camera while keeping Arafat from kissing Rabin. • The cost, both public and private, of the scandal that threatened the presidency. Here is the life of a great national and international figure, revealed with all his talents and contradictions, told openly, directly, in his own completely recognizable voice. A unique book by a unique American. From the Hardcover edition.

Active Liberty

Interpreting Our Democratic Constitution

Author: Stephen Breyer

Publisher: Vintage

ISBN: 9780307424617

Category: Political Science

Page: 176

View: 2818

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A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts. From the Trade Paperback edition.

The Tempting of America

Author: Robert H. Bork

Publisher: Simon and Schuster

ISBN: 9781439188866

Category: Political Science

Page: 448

View: 562

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Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.

You Can't Spell America Without Me

The Really Tremendous Inside Story of My Fantastic First Year as President Donald J. Trump (A So-Called Parody)

Author: Alec Baldwin,Kurt Andersen

Publisher: Penguin

ISBN: 052552200X

Category: Humor

Page: 256

View: 9540

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Political satire as deeper truth: Donald Trump’s presidential memoir, as recorded by two world-renowned Trump scholars, and experts on greatness generally "I have the best words, beautiful words, as everybody has been talking and talking about for a long time. Also? The best sentences and, what do you call them, paragraphs. My previous books were great and sold extremely, unbelievably well--even the ones by dishonest, disgusting so-called journalists. But those writers didn't understand Trump, because quite frankly they were major losers. People say if you want it done right you have to do it yourself, even when 'it' is a 'memoir.' So every word of this book was written by me, using a special advanced word processing system during the many, many nights I've been forced to stay alone in the White House--only me, just me, trust me, nobody helped. And it's all 100% true, so true--people are already saying it may be the truest book ever published. Enjoy." Until Donald Trump publishes the ultimate account of his entire four or eight or one-and-a-half years in the White House, the definitive chronicle will be You Can’t Spell America Without Me: The Really Tremendous Inside Story of My Fantastic First Year As President. Trump was elected because he was the most frank presidential candidate in history, a man eager to tell the unvarnished truth about others’ flaws and tout his own amazing excellence. Now he levels his refreshingly compulsive, un-PC candor at his landslide election victory as well as his role as commander-in-chief and leader of the free world. There are intimate, powerful, mind-boggling revelations on every page. You are there with him during his private encounters with world leaders, a few of whom he does not insult. You are there at the genius Oval Office strategy sessions with his advisers. You are there in his White House bedroom as he crafts the pre-dawn Twitter pronouncements that rock the world. And, of course, you are there on the golf course as Trump attempts to manage the burdens of his office. President Trump explains each of the historic decisions that have already made America great again, and how he always triumphs over the fake news media. You'll learn what he really thinks of his cabinet members and top aides not related to him, of the First Lady and the First Daughter and the additional three or four Trump children. Included at no extra charge is a lavish and exclusive portfolio of spectacular, historic and intimate color photographs of President Trump in private – inside the White House, inside Mar-a-Lago, at Trump Tower, and more. You Can’t Spell America Without Me is presented by America’s foremost Trump scholar Kurt Andersen as well as America's foremost mediocre Trump impersonator, Alec Baldwin. You Can't Spell America Without Me is the perfect holiday gift!