Many men believe that they can force women to have sex against their will and that it isn't rape--at least, not if the man knows the women and doesn't beat her up or wield a weapon. The law's casual treatment of such rape cases is the subject of this pioneering book, which is both a powerful exposé of the often shocking facts and a trenchantly written call for reform.

Written in the wake of the 2014 Gaza War this concise volume sets out Chomskyâ€s and Pappéâ€s views on the conflict in the region. Discussions providing historical context and opinions on what might lie in the future are followed by six essays that reflect in more detail on issues such as the role of the international community.

Benjamin Netanyahu, the leader of Israels Likud Party & a noted authority on international terrorism, offers a compelling approach to understanding terrorism. He cites diverse examples to demonstrate that domestic terrorist groups are usually no match for an advanced technological society. But he sees a more potent threat from the new international terrorism, which is increasingly the product of Islamic militants, who draw their inspiration & directives from Iran & its growing cadre of satellite states. He advocates specific measures to combat them. An excellent road map to understanding terrorism — in moral, historical, & practical terms.

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey?

The new Sunday Times bestseller from the Baillie Gifford-winning author of East West Street and The Ratline[Bokinfo]

A Washington Post Notable Work of Nonfiction From the moment Chief Justice Roberts botched Barack Obama's oath of office, the relationship between the Court and the White House has been a fraught one. Grappling with issues as diverse as campaign finance, abortion, and the right to bear arms, the Roberts court has put itself squarely at the center of American political life. Jeffrey Toobin brilliantly portrays key personalities and cases and shows how the President was fatally slow to realize the importance of the judicial branch to his agenda. Combining incisive legal analysis with riveting insider details, The Oath is an essential guide to understanding the Supreme Court of our interesting times.

The idea that taxpayers should pay reparations to African Americans for the damages of slavery and segregation is quickly becoming a central demand of some civil rights leaders. It has the backing of important black politicians like Rep. John Conyers (D-Mich), distinguished black intellectuals like Henry Louis Gates and activists like Randall Robinson, who led the successful boycott movement against South Africa a decade ago. The Chicago City Council has overwhelmingly endorsed the concept and municipalities and state governments around the country are considering giving it support. In this well researched and carefully argued book, David Horowitz traces the origins of the reparations movement. He examines the case made by its advocates and concludes that it is "morally questionable and racially incendiary." He notes that only a tiny minority of Americans ever owned slaves; and most Americans living today (white and otherwise) are descended from post-Civil War immigrants who have no lineal connection to slavery at all. More intriguingly, he also points out that the GNP of black America is so large that it makes the African American community the tenth most prosperous "nation" in the world. But this book is more than just an in depth casebook on the hot button issue of reparations. In the hope of initiating a dialogue, Horowitz originally presented a summary of his ideas on this subject in the form of an advertisement that appeared in several college newspapers and was rejected by many more. Editorialists in America's leading papers and several chapters of the American Civil Liberties Union weighed on Horowitz's side. With the assistance of Richard Poe, Horowitz uses the response to the reparations issue to show how the new racial orthodoxy collides with the free speech battle and what its implications are for American education and culture.

"The U.S. Supreme Court has eliminated the right to abortion and is revisiting other fundamental questions today--about voting rights, affirmative action, gun laws, and much more. Once-arcane theories of constitutional interpretation are profoundly affecting the lives of all Americans. In this brief and urgent book, Harvard Law School professor Cass Sunstein provides a lively introduction to competing approaches to interpreting the Constitution--and argues that the only way to choose one is to ask whether it would change American life for the better or worse. If a method of interpretation would eliminate the right of privacy, allow racial segregation, or obliterate free speech, it would be unacceptable for that reason. But some Supreme Court justices are committed to 'originalism,' arguing that the meaning of the Constitution is settled by how it was publicly understood when it was ratified. Originalists insist that their approach is dictated by the Constitution. That, Sunstein argues, is a big mistake. The Constitution doesn't contain instructions for its own interpretation. Any approach to constitutional interpretation needs to be defended in terms of its broad effects--what it does to our rights and our institutions. It must respect those rights and institutions--and safeguard the conditions for democracy itself"--

Winner of the Pulitzer Prize in history and a landmark in the study of constitutional origins, Leonard Levy’s now-classic study appears for the first time in paperback. Origins probes the intentions of the framers of the Fifth Amendment and emphasizes their belief that in a society based upon respect for the individual, it is more important that the accused not unwillingly contribute to his conviction than that the guilty be punished. "A work of monumental scholarship―broad in scope, thorough, carefully annotated, accurate, and imaginative."―Political Science Quarterly. "Vastly learned...everywhere critical and reflective...written in a style at once lucid and vigorous. All in all, it is quite clearly one of the important contributions to historical literature."―Henry Steele Commager. "A matchless contribution to our understanding of the historical background underlying the adoption of a major provision of the Bill of Rights."―American Political Science Review. "A masterful job."―Oscar Handlin.

Examines plagiarism and the theft of intellectual property in the fields of literature, music, film, art, and academia, and discusses its implications for the victim, the plagiarist, and society as a whole.

"Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by Hermann Cohen, Kurt Hiller, Erich Unger, and Emil Lederer. A new translation of selections from Georges Sorel's Reflections on Violence further illuminates Benjamin's critical program. The volume also includes, for the first time in any language, a bibliography Benjamin drafted for the expansion of the essay and the development of a corresponding philosophy of law. An extensive introduction and afterword provide additional context. With its challenging argument concerning violence, law, and justice-which addresses such topical matters as police violence, the death penalty, and the ambiguous force of religion-Benjamin's work is as important today as it was upon its publication in Weimar Germany a century ago"--

"The challenge, then, is not to invent new victims or new scapegoats but to mobilize America for the future. What would it take to ensure that all of us can succeed at getting the job done, the problem solved, and the future more secure?" As a student at Yale Law School in 1974, Lani Guinier attended a class with a white male professor who addressed all the students, male and female, as "gentlemen." To him the greeting was a form of honorific, evoking the values of traditional legal education. To her it was profoundly alienating. Years later Guinier began a study of female law students with her colleagues, Michelle Fine and Jane Balin, to try to understand the frustrations of women law students in male-dominated schools. Women are now entering law schools in large numbers, but too often many still do not feel welcome. As one says, "I used to be very driven, competitive. Then I started to realize that all my effort was getting me nowhere. I just stopped caring. I am scarred forever." After interviewing hundreds of women with similar stories, the authors conclude that conventional one-size-fits-all approaches to legal education discourage many women who could otherwise succeed and, even more, fail to help all students realize their full potential as legal problem-solvers. In Becoming Gentlemen Guinier, Fine, and Balin dare us to question what it means to become qualified, what a fair goal in education might be, and what we can learn from the experience of women law students about teaching and evaluating students in general. Including the authors' original study and two essays and a personal afterword by Lani Guinier, the book challenges us to work toward a more just society, based on ideals of cooperation, the resources of diversity, and the values of teamwork.

Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

The CIA chief, Leon Panetta, calls drones the ‘only game in town’. The figures bear him out. Between 2004 and 2012, the US reportedly conducted over 350 drone strikes in Pakistan, killing between 2,600 and 3,400 people. Drone strikes have killed more than 200 children alone in Pakistan and Yemen. In 2000, the Americans had fewer than fifty aerial drones; ten years later, it had a fleet of nearly 7,500, and the US Air Force now trains more drone ‘pilots’ than bomber and fighter pilots combined. Drones are already a $ 5 billion business in the US alone. American activist Medea Benjamin, a co-founder of the peace group CODEPINK and the international human rights organization Global Exchange, provides the first extensive analysis of who is producing the drones, where they are being used, who controls these unmanned places, and what are the legal and moral implications of their use. Benjamin also looks at what activists, lawyers, and scientists across the globe are doing to ground these weapons.

Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders. Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders. The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation. This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.

A landmark dissenting opinion arguing against the death penalty. Does the death penalty violate the Constitution? In Against the Death Penalty , Justice Stephen Breyer argues that it does; that it is carried out unfairly and inconsistently and, thus, violates the ban on ""cruel and unusual punishments"" specified by the Eighth Amendment to the Constitution. Today’s administration of the death penalty,” Breyer writes, involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use.” This volume contains Breyer's dissent in the case of Glossip v. Gross , which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty. Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.

This is the Large Print Edition of I Dissent in paperback. From Dred Scott to Lawrence v. Texas and more, the most famous Supreme Court dissents, collected in one volume for the first time. For the first time, a collection of dissents from the most famous Supreme Court cases. If American history can truly be traced through the majority decisions in landmark Supreme Court cases, then what about the dissenting opinions? In issues of race, gender, privacy, workers' rights, and more, would advances have been impeded or failures rectified if the dissenting opinions were in fact the majority opinions? In offering thirteen famous dissents-from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas, each edited with the judges' eloquence preserved-renowned Supreme Court scholar Mark Tushnet reminds us that court decisions are not pronouncements issued by the utterly objective, they are in fact political statements from highly intelligent but partisan people. Tushnet introduces readers to the very concept of dissent in the courts and then provides useful context for each case, filling in gaps in the Court's history and providing an overview of the issues at stake. After each case, he considers the impact the dissenting opinion would have had, if it had been the majority decision. Lively and accessible, I Dissent offers a radically fresh view of the judiciary in a collection that is essential reading for anyone interested in American history.

Louis D. Brandeis was a Supreme Court Justice and a patriot. He wrote "Other People's Money and How Bankers Use It" to warn the American people about the greedy bankers that control the United States and drive us into financial ruin. The book attacked the use of investment funds to promote the consolidation of various industries under the control of a small number of corporations, which Brandeis alleged were working in concert to prevent competition. Brandeis harshly criticized investment bankers who controlled large amounts of money deposited in their banks by middle-class people. The heads of these banks, Brandeis pointed out, routinely sat on the boards of railroad companies and large industrial manufacturers of various products, and routinely directed the resources of their banks to promote the interests of their own companies. These companies, in turn, sought to maintain control of their industries by crushing small businesses and stamping out innovators who developed better products to compete against them. Brandeis supported his contentions with a discussion of the actual dollar amounts--in millions of dollars--controlled by specific banks, industries, and industrialists such as J. P. Morgan, noting that these interests had recently acquired a far larger proportion of American wealth than corporate entities had ever had before. He extensively cited testimony from a Congressional investigation performed by the Pujo Committee, named after Louisiana Representative Arsène Pujo, into self-serving and monopolistic business dealing. Chapter V of the book ("What Publicity Can Do") contains in its opening section a well-known line that has frequently been cited in support of regulation through disclosure obligations: "Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."

A powerful argument for adopting a model of restorative justice as part of the Innocence Movement—so exonerees, crime victims, and their communities can come together to heal In Rectify , a former Innocence Project director and journalist Lara Bazelon puts a face to the growing number of men and women exonerated from crimes that kept them behind bars for years—sometimes decades—and that devastate not only the exonerees but also their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. Bazelon focuses on Thomas Haynesworth, a teenager arrested for multiple rapes in Virginia, and Janet Burke, a rape victim who mistakenly IDed him. It took over two decades before he was exonerated. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice, such as Haynesworth’s. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In the midst of Bazelon’s frustration over the blatant limitations of courts and advocates, her hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unite unlikely allies. Movingly written and vigorously researched, Rectify takes to task the far-reaching failures of our criminal justice system and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.

From the best-selling author of A Vast Conspiracy and The Run of His Life comes Too Close to Call --the definitive story of the Bush-Gore presidential recount. A political and legal analyst of unparalleled journalistic skill, Jeffrey Toobin is the ideal writer to distill the events of the thirty-six anxiety-filled days that culminated in one of the most stunning Supreme Court decisions in history. Packed with news-making disclosures and written with the drive of a legal thriller, Too Close to Call takes us inside James Baker's private jet, through the locked gates to Al Gore's mansion, behind the covered-up windows of Katherine Harris's office, and even into the secret conference room of the United States Supreme Court. As the scene shifts from Washington to Austin and into the remote corners of the enduringly strange Sunshine State, Toobin's book will transform what you thought you knew about the most extraordinary political drama in American history. The Florida recount unfolded in a kaleidoscopic maze of bizarre concepts (chads, pregnant and otherwise), unfamiliar people in critically important positions (the Florida Supreme Court), and familiar people in surprising new places (the Miami relatives of Elián González, in a previously undisclosed role in this melodrama). With the rich characterization that is his trademark, Toobin portrays the prominent strategists who masterminded the campaigns--the Daleys and the Roves--and also the lesser-known but influential players who pulled the strings, as well as the judges and justices whose decisions determined the final outcome. Toobin gives both camps a treatment they have not yet received--remarkably evenhanded, nonpartisan, and entirely new. The post-election period posed a challenge to even the most zealous news junkie: how to keep up with what was happening and sort out the important from the trivial. Jeffrey Toobin has now done this--and then some. With clarity, insight, humor, and a deep understanding of the law, he deconstructs the events, the players, and the often Byzantine intricacies of our judicial system. A remarkable account of one of the most significant periods in our country's history, Too Close to Call is endlessly surprising, frequently poignant, and wholly addictive.