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American Sovereigns: The People and America's Constitutional Tradition Before the Civil War
by Christian FritzAmerican Sovereigns is a path-breaking interpretation of America's political history and constitutionalism that explores how Americans struggled over the idea that the people would rule as the sovereign after the American Revolution. National and state debates about government action, law, and the people's political powers reveal how Americans sought to understand how a collective sovereign--the people--could both play the role as the ruler and yet be ruled by governments of their own choosing.
American Spies
by Granick Jennifer StisaUS intelligence agencies - the eponymous American spies - are exceedingly aggressive, pushing and sometimes bursting through the technological, legal and political boundaries of lawful surveillance. Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.
The American Supreme Court
by Robert G. MccloskeyCelebrating its fiftieth anniversary, Robert McCloskey’s classic work on the Supreme Court’s role in constructing the U. S. Constitution has introduced generations of students to the workings of our nation’s highest court. For this new fifth edition, Sanford Levinson extends McCloskey’s magisterial treatment to address the Court’s most recent decisions. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiments. In two revised chapters, Levinson shows how McCloskey’s approach continues to illuminate developments since 2005, including the Court’s decisions in cases arising out of the War on Terror, which range from issues of civil liberty to tests of executive power. He also discusses the Court’s skepticism regarding campaign finance regulation; its affirmation of the right to bear arms; and the increasingly important nomination and confirmation process of Supreme Court justices, including that of the first Hispanic justice, Sonia Sotomayor. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
The American Supreme Court, Sixth Edition (The Chicago History of American Civilization)
by Robert G. Mccloskey Sanford LevinsonFor more than fifty years, Robert G. McCloskey's classic work on the Supreme Court's role in constructing the US Constitution has introduced generations of students to the workings of our nation's highest court. As in prior editions, McCloskey's original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey's magisterial treatment to address developments since the 2010 election, including the Supreme Court's decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
American Surveillance: Intelligence, Privacy, and the Fourth Amendment
by Anthony GregoryTo defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn’t the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light.<P><P> Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy—whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.
The American System of Criminal Justice (Mindtap Course List)
by George F. Cole Christopher E. Smith Christina DeJongDiscover the challenge of pursuing justice in our society and learn about the role we as individuals play in the criminal justice system. This classic best seller examines criminal justice across several disciplines, presenting elements from criminology, sociology, law, history, psychology, and political science. Broad coverage of the facts, an interesting writing style, and compelling examples of current events make this book, now in its 16th Edition, one of the best and most popular texts on the criminal justice system available.
The American System of Criminal Justice, Fourteenth Edition
by George F. Cole Christopher E. Smith Christina DejongThis classic best seller examines criminal justice across several disciplines, presenting elements from criminology, sociology, law, history, psychology, and political science. Broad coverage of the facts, uncompromising scholarship, an engaging writing style, and compelling delivery of current events make THE AMERICAN SYSTEM OF CRIMINAL JUSTICE, now in its 14th Edition, one of the best books available for an in-depth look at the American criminal justice system.
American Tax Resisters
by Romain D. Huret"The American taxpayer"--angered by government waste and satisfied only with spending cuts--has preoccupied elected officials and political commentators since the Reagan Revolution. But resistance to progressive taxation has older, deeper roots. American Tax Resisters presents the full history of the American anti-tax movement that has defended the pursuit of limited taxes on wealth and battled efforts to secure social justice through income redistribution for the past 150 years. From the Tea Party to the Koch brothers, the major players in today's anti-tax crusade emerge in Romain Huret's account as the heirs of a formidable--and far from ephemeral--political movement. Diverse coalitions of Americans have rallied around the flag of tax opposition since the Civil War, their grievances fueled by a determination to defend private life against government intrusion and a steadfast belief in the economic benefits and just rewards of untaxed income. Local tax resisters were actively mobilized by business and corporate interests throughout the early twentieth century, undeterred by such setbacks as the Sixteenth Amendment establishing a federal income tax. Zealously petitioning Congress and chipping at the edges of progressive tax policies, they bequeathed hard-won experience to younger generations of conservatives in their pursuit of laissez-faire capitalism. Capturing the decisive moments in U. S. history when tax resisters convinced a majority of Americans to join their crusade, Romain Huret explains how a once marginal ideology became mainstream, elevating economic success and individual entrepreneurialism over social sacrifice and solidarity.
American Tragedy: The Uncensored Story of the Simpson Defense
by Lawrence Schiller James WillwerthThis book is a factual account of the defense of O.J. Simpson and is directly based on personal interviews, documents, court transcripts, and other material I obtained while researching this work. More than two dozen people involved in this case were interviewed, fifteen face to face, in 196 separate conversations. Nine subjects sat with me for more than fourteen hours each. The transcripts of my interviews total more than 23,000 pages. The information for this book comes from the collected memories of those interviewed and from my own observations since the early days of the case. As I have noted elsewhere in this book, I began my formal interviews in September 1995. In most cases the people I interviewed kept personal notes and diaries from the first days of their involvement in the case, and their memories were supported by these notes and other written material. Quotations from interviews have received limited editing merely to ensure a smooth transition from spoken to written form.Trial transcripts and other printed material have also been edited to a very limited degree, and I have tried to include the usual conventions of ellipses and brackets wherever possible.When any editing has been done, no material changes in meaning have been made. Quotation marks are sometimes used where conversations have been reconstructed from memory. In such instances, at least one of the participants has confirmed the substance of the conversation. On occasions when I have described conversations of which the memory of one participant may differ from others' in a material respect, the substance has been confirmed by a number of those present. Since this is a book about the Simpson defense, I have not attempted to interview the prosecution team, some of whom have published or will publish their own books and would have been understandably reluctant to share sensitive strategies with me. --LAWRENCE SCHILLER
An American Trilogy
by Steven M. WiseThe Cape Fear River runs through Bladen County, North Carolina, population 33,000. On its western bank, in the town of Tar Heel, sits the largest slaughterhouse in the world. Deep below the slaughterhouse, one may find the arrowheads of Siouan-speaking peoples who roamed there for a millennium. Nearer the surface is evidence of slaves who labored there for a century. And now, the slaughterhouse kills the population of Bladen County, in hogs, every day.In this remarkable account, Wise traces the history of today's deadly harvest. From the colonies to the slave trade, from the artificial conception and unrecorded death of one single pig to the surreal science of the pork industry-whose workers continue the centuries of oppression-he unveils a portrait of this nation through the lives of its most vulnerable. His explorations ultimately lead to hope from a most unlikely source: the Baptist clergy, a voice in this wilderness proclaiming a new view of creation.
The American Way of Bombing: Changing Ethical and Legal Norms, from Flying Fortresses to Drones
by Matthew Evangelista Henry ShueAerial bombardment remains important to military strategy, but the norms governing bombing and the harm it imposes on civilians have evolved. The past century has seen everything from deliberate attacks against rebellious villagers by Italian and British colonial forces in the Middle East to scrupulous efforts to avoid "collateral damage" in the counterinsurgency and antiterrorist wars of today. The American Way of Bombing brings together prominent military historians, practitioners, civilian and military legal experts, political scientists, philosophers, and anthropologists to explore the evolution of ethical and legal norms governing air warfare. Focusing primarily on the United States--as the world's preeminent military power and the one most frequently engaged in air warfare, its practice has influenced normative change in this domain, and will continue to do so--the authors address such topics as firebombing of cities during World War II; the atomic attacks on Hiroshima and Nagasaki; the deployment of airpower in Iraq, Afghanistan, and Libya; and the use of unmanned drones for surveillance and attacks on suspected terrorists in Pakistan, Yemen, Sudan, Somalia, and elsewhere. Contributors: Tami Davis Biddle, U.S. Army War College; Sahr Conway-Lanz, Yale University Library; Neta C. Crawford, Boston University; Janina Dill, University of Oxford; Charles J. Dunlap Jr., Duke University; Matthew Evangelista, Cornell University; Charles Garraway, University of Essex; Hugh Gusterson, George Mason University; Richard W. Miller, Cornell University; Mary Ellen O'Connell, University of Notre Dame; Margarita H. Petrova, Institut Barcelona d'Estudis Internacionals; Klem Ryan, United Nations, South Sudan; Henry Shue, University of Oxford
The American Way of Death Revisited
by Jessica Mitford"Mitford's funny and unforgiving book is the best memento mori we are likely to get. It should be updated and reissued each decade for our spiritual health."--The New York Review of BooksOnly the scathing wit and searching intelligence of Jessica Mitford could turn an exposé of the American funeral industry into a book that is at once deadly serious and side-splittingly funny. When first published in 1963 this landmark of investigative journalism became a runaway bestseller and resulted in legislation to protect grieving families from the unscrupulous sales practices of those in "the dismal trade."Just before her death in 1996, Mitford thoroughly revised and updated her classic study. The American Way of Death Revisited confronts new trends, including the success of the profession's lobbyists in Washington, inflated cremation costs, the telemarketing of pay-in-advance graves, and the effects of monopolies in a death-care industry now dominated by multinational corporations. With its hard-nosed consumer activism and a satiric vision out of Evelyn Waugh's novel The Loved One, The American Way of Death Revisited will not fail to inform, delight, and disturb. "Brilliant--hilarious--A must-read for anyone planning to throw a funeral in their lifetime."--New York Post"Witty and penetrating--it speaks the truth."--The Washington PostFrom the Trade Paperback edition.
The Americanisation of the World Trade Order (Routledge Research in International Economic Law)
by Asif H QureshiThis book provides insights into the world trading order that is informed by power --- in particular, the unidirectional norm imparting impact of US foreign trade law and practice on its trading partners and non-State actors. In this context, the recent tensions between the US and China, has brought to the fore, several fundamental and systemic questions. Underpinning these is the challenge of accommodating economic power under the rule of international economic law, including inculcating responsibility in its engagement. In the light of the recent US challenges to the world trading order, this timely publication will help us understand how U.S. will continue to shape the international economic order.
Americans at the Gate
by Carl J. Bon TempoUnlike the 1930s, when the United States tragically failed to open its doors to Europeans fleeing Nazism, the country admitted over three million refugees during the Cold War. This dramatic reversal gave rise to intense political and cultural battles, pitting refugee advocates against determined opponents who at times successfully slowed admissions. The first comprehensive historical exploration of American refugee affairs from the midcentury to the present, Americans at the Gate explores the reasons behind the remarkable changes to American refugee policy, laws, and programs. Carl Bon Tempo looks at the Hungarian, Cuban, and Indochinese refugee crises, and he examines major pieces of legislation, including the Refugee Relief Act and the 1980 Refugee Act. He argues that the American commitment to refugees in the post-1945 era occurred not just because of foreign policy imperatives during the Cold War, but also because of particular domestic developments within the United States such as the Red Scare, the Civil Rights Movement, the rise of the Right, and partisan electoral politics. Using a wide variety of sources and documents, Americans at the Gate considers policy and law developments in connection with the organization and administration of refugee programs.
Americans with Disabilities
by Leslie Francis Anita SilversIn this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.
Americans with Disabilities: Exploring Implications of the Law for Individuals and Institutions
by Anita Silvers Leslie Pickering FrancisFew laws have sparked as much debate as the Americans with Disabilities Act (ADA), passed by Congress in 1990. With thought-provoking analysis by noted experts in a variety of fields, this book provides a keen understanding of the consequences of the law--for both those who oppose burdensome costs of the law and those who feel it must do more to protect citizens with disabilities from intolerance and social limitation.
The Americans with Disabilities Act (2nd edition)
by Margaret C. JasperIn the past, disabled individuals have faced a wide variety of obstacles that prevented them from fully participating in all that American society has to offer. They have struggled with obtaining employment, and have been denied access to many services most Americans take for granted. In this publication, Margaret C. Jasper examines the Americans with Disabilities Act (ADA) and discusses the rights disabled individuals are entitled to under the statute. This easy-to-use resource is packed with facts on areas governed by the ADA including employment, public entities and transportation, public accommodations, state and local government services and telecommunications. Ideal for anyone interested in this area of law, this newly revised second edition includes coverage of the latest information regarding the ADA.
Americans Without Law: The Racial Boundaries of Citizenship
by Mark S WeinerAmericans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s.Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
America's Bitter Pill: Money, Politics, Backroom Deals, and the Fight to Fix Our Broken Healthcare System
by Steven BrillAmerica's Bitter Pill is Steven Brill's much-anticipated, sweeping narrative of how the Affordable Care Act, or Obamacare, was written, how it is being implemented, and, most important, how it is changing--and failing to change--the rampant abuses in the healthcare industry. Brill probed the depths of our nation's healthcare crisis in his trailblazing Time magazine Special Report, which won the 2014 National Magazine Award for Public Interest. Now he broadens his lens and delves deeper, pulling no punches and taking no prisoners. It's a fly-on-the-wall account of the fight, amid an onslaught of lobbying, to pass a 961-page law aimed at fixing America's largest, most dysfunctional industry--an industry larger than the entire economy of France. It's a penetrating chronicle of how the profiteering that Brill first identified in his Time cover story continues, despite Obamacare. And it is the first complete, inside account of how President Obama persevered to push through the law, but then failed to deal with the staff incompetence and turf wars that crippled its implementation. Brill questions all the participants in the drama, including the president, to find out what happened and why. He asks the head of the agency in charge of the Obamacare website how and why it crashed. And he tells the cliffhanger story of the tech wizards who swooped in to rebuild it. Brill gets drug lobbyists to open up on the deals they struck to protect their profits in return for supporting the law. And he buttresses all these accounts with meticulous research and access to internal memos, emails, notes, and journals written by the key players during all the pivotal moments. Brill is there with patients when they are denied cancer care at a hospital, or charged $77 for a box of gauze pads. Then he asks the multimillion-dollar executives who run the hospitals to explain why. He even confronts the chief executive of America's largest health insurance company and asks him to explain an incomprehensible Explanation of Benefits his company sent to Brill. And he's there as a group of young entrepreneurs gamble millions to use Obamacare to start a hip insurance company in New York's Silicon Alley. Vividly capturing what he calls the "milestone" achievement of Obamacare, Brill introduces us to patients whose bank accounts or lives have been saved by the new law--although, as he explains, that is only because Obamacare provides government subsidies for "tens of millions of new customers" to pay the same exorbitant prices that were the problem in the first place. All that is weaved together in an elegantly crafted, fast-paced narrative. But by chance America's Bitter Pill ends up being much more--because as Brill was completing this book, he had to undergo urgent open-heart surgery. Thus, this also becomes the story of how one patient who thinks he knows everything about healthcare "policy" rethinks it from a hospital gurney--and combines that insight with his brilliant reporting. The result: a surprising new vision of how we can fix American healthcare so that it stops draining the bank accounts of our families and our businesses, and the federal treasury.From the Hardcover edition.
America's Constitution: A Biography
by Akhil Reed AmarIn America's Constitution, one of this era's most accomplished constitutional law scholars, Akhil Reed Amar, gives the first comprehensive account of one of the world's great political texts. Incisive, entertaining, and occasionally controversial, this "biography" of America's framing document explains not only what the Constitution says but also why the Constitution says it. <p><p>We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding "We the People," was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators' inspired genius. <p>Despite the Constitution's flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America's Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why-for now, at least-only those citizens who were born under the American flag can become president. <p>From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation's history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document's later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders' Constitution was far more slavocratic than many would acknowledge: the "three fifths" clause gave the South extra political clout for every slave it owned or acquired. <p>As a result, slaveholding Virginians held the presidency all but four of the Republic's first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln's election. <p>Ambitious, even-handed, eminently accessible, and often surprising, America's Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States. <p>[This text is listed as an example that meets Common Core Standards in English language arts in grades 11-12 at http://www.corestandards.org.]
America's Courts And The Criminal Justice System
by David W. Neubauer Henry F. FradellaOpen this book and step into America's court system! With Neubauer and Fradella's best seller, you will see for yourself what it is like to be a judge, a prosecutor, a defense attorney, and more. This fascinating and well-researched book gives you a realistic sense of being in the courthouse, enabling you to quickly gain an understanding of what it is like to work in and be a part of the American criminal justice system. The book's approach, which focuses on the courthouse "players," makes it easy to understand each person's important role in bringing a case through the court process. Throughout the book, the authors highlight not only the pivotal role of the criminal courts but also the court's importance and impact on society as a whole.
America's Courts and the Criminal Justice System
by Henry F. Fradella David W. NeubauerOpen this book and step into America's court system! With Neubauer and Fradella's best-selling text, you'll get an inside view of the experiences of a judge, a prosecutor, a defense attorney, and more. <p><p> This fascinating and well-researched text gives you a realistic sense of being in the courthouse, enabling you to quickly grasp what it's like to work in and be a part of the American criminal justice system. The book's approach, which focuses on the courthouse "players," makes it easy to understand each person's important role in bringing a case through the court process. Throughout, the authors highlight not only the pivotal role of the criminal courts but also the court's importance and impact on society as a whole.
America's Courts and the Criminal Justice System, 10th Edition
by David W. Neubauer Henry F. FradellaOpen this book and step into America's court system! With Neubauer and Fradella's best-selling text, you will see for yourself what it is like to be a judge, a prosecutor, a defense attorney, and more. This fascinating and well-researched text gives you a realistic sense of being in the courthouse--you will quickly gain an understanding of what it is like to work in and be a part of the American criminal justice system. This concept of the courthouse "players" makes it easy to understand each person's important role in bringing a case through the court process. Throughout the text, the authors highlight not only the pivotal role of the criminal courts but also the court's importance and impact on society as a whole.
America's Death Penalty: Between Past and Present
by David Garland Randall Mcgowen Michael MeranzeOver the past three decades, the United States has embraced the death penalty with tenacious enthusiasm. While most of those countries whose legal systems and cultures are normally compared to the United States have abolished capital punishment, the United States continues to employ this ultimate tool of punishment. The death penalty has achieved an unparalleled prominence in our public life and left an indelible imprint on our politics and culture. It has also provoked intense scholarly debate, much of it devoted to explaining the roots of American exceptionalism.America's Death Penalty takes a different approach to the issue by examining the historical and theoretical assumptions that have underpinned the discussion of capital punishment in the United States today. At various times the death penalty has been portrayed as an anachronism, an inheritance, or an innovation, with little reflection on the consequences that flow from the choice of words. This volume represents an effort to restore the sense of capital punishment as a question caught up in history. Edited by leading scholars of crime and justice, these original essays pursue different strategies for unsettling the usual terms of the debate. In particular, the authors use comparative and historical investigations of both Europe and America in order to cast fresh light on familiar questions about the meaning of capital punishment. This volume is essential reading for understanding the death penalty in America.Contributors: David Garland, Douglas Hay, Randall McGowen, Michael Meranze, Rebecca McLennan, and Jonathan Simon.
America's Dirty Wars
by Russell CrandallThis book examines the long, complex experience of American involvement in irregular warfare. It begins with the American Revolution in 1776 and chronicles big and small irregular wars for the next two and a half centuries. Examples taken from the American experience reveal that fighting - and, more so, winning - all types of wars is extraordinarily complex, frustrating, controversial and bloody. What is readily apparent in dirty wars is that failure is painfully tangible while success is often amorphous. Successfully fighting these wars often entails striking a critical balance between military victory and politics. America's status as a democracy only serves to make fighting - and, to a greater degree, winning - these irregular wars even harder. Rather than futilely insisting that Americans should not or cannot fight this kind of irregular war, Russell Crandall argues that we would be better served by considering how we can do so as cleanly and successfully as possible.