The Nature of the Judicial Process reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudices of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, "public." The book is a good introduction to law and its processes--and one of the best short books ever written about judicial philosophy.

The hidden history of the FBI and its hundred-year war against terrorists, spies, and anyone it deemed subversive—including even American presidents. NEW YORK TIMES BESTSELLER • NOW A SHOWTIME ORIGINAL DOCUMENTARY SERIES “Turns the long history of the FBI into a story that is as compelling, and important, as today’s headlines.”—Jeffrey Toobin, author of American Heiress Enemies is the first definitive history of the FBI’s secret intelligence operations, from an author whose work on the Pentagon and the CIA won him the Pulitzer Prize and the National Book Award. We think of the FBI as America’s police force. But secret intelligence is the Bureau’s first and foremost mission. The FBI’s secret intelligence and surveillance techniques have created a tug-of-war between national security and civil liberties, a tension that strains the very fabric of a free republic. Enemies is the story of how presidents have used the FBI to conduct political warfare—and how it has sometimes been turned against them. And it is the story of how the Bureau became the most powerful intelligence service the United States possesses. Named One of the Best Books of the Year by The Washington Post, New York Daily News, and Slate “Pulitzer Prize–winning author Tim Weiner has written a riveting inside account of the FBI’s secret machinations that goes so deep into the Bureau’s skulduggery, readers will feel they are tapping the phones along with J. Edgar Hoover. This is a book that every American who cares about civil liberties should read.” —Jane Mayer, author of Dark Money “Outstanding.” — The New York Times “Absorbing . . . a sweeping narrative that is all the more entertaining because it is so redolent with screw-ups and scandals.” — Los Angeles Times “Fascinating.” — The Wall Street Journal “Important and disturbing . . . with all the verve and coherence of a good spy thriller.” —The New York Times Book Review “Exciting and fast-paced.” — The Daily Beast

Look for Dan Abrams and David Fisher's new book, Kennedy's Avenger: Assassination, Conspiracy, and the Forgotten Trial of Jack Ruby. *NOW A NEW YORK TIMES BESTSELLER* "An expert, extremely detailed account of John Adams' finest hour."--Kirkus Reviews Honoring the 250th Anniversary of the Boston Massacre The New York Times bestselling author of Lincoln's Last Trial and host of LivePD Dan Abrams and David Fisher tell the story of a trial that would change history. An eye-opening story of America on the edge of revolution. History remembers John Adams as a Founding Father and our country's second president. But in the tense years before the American Revolution, he was still just a lawyer, fighting for justice in one of the most explosive murder trials of the era--the Boston Massacre, where five civilians died from shots fired by British soldiers. Drawing on Adams's own words from the trial transcript, Dan Abrams and David Fisher transport readers to colonial Boston, a city roiling with rebellion, where British military forces and American colonists lived side by side, waiting for the spark that would start a war.

As Congress prepares articles of impeachment of President Trump, read the definitive book on presidential impeachment and how it should be used today. Impeachment is our ultimate constitutional check against an out-of-control executive. But it is also a perilous and traumatic undertaking for the nation. In this authoritative examination, Laurence Tribe and Joshua Matz rise above the daily clamor to illuminate impeachment's proper role in our age of broken politics. Now revised with a new epilogue, To End a Presidency is an essential book for anyone seeking to understand how this fearsome power should be deployed.

NEW YORK TIMES BESTSELLER • A NEW YORK TIMES NOTABLE BOOK • “A tour de force . . . a comprehensive and suitably furious guide to the political landscape of American healthcare . . . persuasive, shocking.” — The New York Times America’s Bitter Pill is Steven Brill’s acclaimed book on 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. It’s a fly-on-the-wall account of the titanic fight to pass a 961-page law aimed at fixing America’s largest, most dysfunctional industry. It’s a penetrating chronicle of how the profiteering that Brill first identified in his trailblazing Time magazine 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. 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. Praise for America’s Bitter Pill “An energetic, picaresque, narrative explanation of much of what has happened in the last seven years of health policy . . . [Brill] has pulled off something extraordinary.” —The New York Times Book Review “A thunderous indictment of what Brill refers to as the ‘toxicity of our profiteer-dominated healthcare system.’ ” — Los Angeles Times “A sweeping and spirited new book [that] chronicles the surprisingly juicy tale of reform.” — The Daily Beast “One of the most important books of our time.” —Walter Isaacson “Superb . . . Brill has achieved the seemingly impossible—written an exciting book about the American health system.” — The New York Review of Books

The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner's compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre-Civil War mass meetings of African-American "colored citizens" and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the state actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights. --

From CNN chief legal analyst and bestselling author Jeffrey Toobin, a real-life legal thriller about the prosecutors and congressional investigators pursuing the truth about Donald Trump's complicity in several crimes--and why they failed. Donald Trump's campaign chairman went to jail. So did his personal lawyer. His long-time political consigliere was convicted of serious federal crimes, and his national security advisor pled guilty to others. Several Russian spies were indicted in absentia. Career intelligence agents and military officers were alarmed enough by the president's actions that they alerted senior government officials and ignited the impeachment process. Yet despite all this, a years-long inquiry led by special counsel Robert Mueller, and the third impeachment of a president in American history, Donald Trump survived to run for re-election. Why? Jeffrey Toobin's highly entertaining definitive account of the Mueller investigation and the impeachment of the president takes readers behind the scenes of the epic legal and political struggle to call Trump to account for his misdeeds. With his superb storytelling and analytic skills Toobin recounts all the mind-boggling twists and turns in the case--Trump's son met with a Russian operative promising Kremlin support! Trump paid a porn star $130,000 to hush up an affair! Rudy Giuliani and a pair of shady Ukrainian-American businessmen got the Justice Department to look at Russian-created conspiracy theories! Toobin shows how Trump's canny lawyers used Mueller's famous integrity against him, and how Trump's bullying and bluster cowed Republican legislators into ignoring the clear evidence of the impeachment hearings. Based on dozens of interviews with prosecutors in Mueller's office, Trump's legal team, Congressional investigators, White House staffers, and several of the key players, including some who are now in prison, True Crimes and Misdemeanors is a revelatory narrative that makes sense of the seemingly endless chaos of the Trump years. Filled with never-before-reported details of the high-stakes legal battles and political machinations, the book weaves a tale of a rogue president guilty of historic misconduct, and how he got away with it.

"No more dramatic courtroom scene has ever been enacted," reported the Syracuse Herald on May 22, 1915, as it covered "the greatest libel suit in history," a battle fought between former President Theodore Roosevelt and the leader of the Republican party. Roosevelt, the boisterous and mostly beloved legendary American hero, had accused his former friend and ally, now turned rival, William Barnes of political corruption. The furious Barnes responded by suing Roosevelt for an enormous sum that could have financially devastated him. The spectacle of Roosevelt defending himself in a lawsuit captured the imagination of the country, and more than fifty newspapers sent reporters to cover the trial. Accounts from inside and outside the courtroom combined with excerpts from the trial transcript give us Roosevelt in his own words and serve as the heart of this book. This was Roosevelt's final fight to defend his political legacy and perhaps regain his fading stature. He spent more than a week on the witness stand, revealing hidden secrets of the American political system, and then endured a merciless cross-examination. Witnesses, including a young Franklin D. Roosevelt and a host of well-known political leaders, were questioned by two of the most brilliant attorneys in the country. Following the case through court transcripts, news reports, and other primary sources, Dan Abrams and David Fisher present a high-definition picture of the American legal system in a nation standing on the precipice of the Great War, with its former president fighting for the ideals he held dear

Now a New York Times Best Seller and a National Book Award finalist. Charged with racial, sexual, and political overtones, the confirmation of Clarence Thomas as a Supreme Court justice was one of the most divisive spectacles the country has ever seen. Anita Hill's accusation of sexual harassment by Thomas, and the attacks on her that were part of his high-placed supporters' rebuttal, both shocked the nation and split it into two camps. One believed Hill was lying, the other believed that the man who ultimately took his place on the Supreme Court had committed perjury. In this brilliant, often shocking book, Jane Mayer and Jill Abramson, two of the nation's top investigative journalists examine all aspects of this controversial case. They interview witnesses that the Judiciary Committee chose not to call, and present documents never before made public. They detail the personal and professional pasts of both Clarence Thomas and Anita Hill and lay bare a campaign of lobbying, public rela

The Supreme Court’s 1973 decision in Roe v. Wade legalized abortion–but the debate was far from over, continuing to be a political battleground to this day. In the decades since the case was decided, the American debate on abortion has moved away from the issues that the justices confronted more than three decades ago. Bringing to light key voices that illuminate the case and its cultural context, Before Roe v. Wade looks back and recaptures how the arguments for and against abortion took shape as claims about the meaning of the Constitution-and about how the nation could best honor its commitment to dignity, liberty, equality, and life. In this ground-breaking book, Linda Greenhouse, a Pulitzer Prize-winning journalist who covered the Supreme Court for 30 years for The New York Times , and Reva Siegel, a renowned professor and former deputy dean at Yale Law School, collect the most significant historical, cultural, and legal documents which helped shape the Supreme Court’s controversial decision.

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 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.

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.

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.

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today’s highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes—serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official’s misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the “Emoluments Clause” means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

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.

“A splendid narrative about political power and mercy.” —David Grann, #1 bestselling author of The Wager The power of the presidential pardon has our national attention now more than ever before. This “thought-provoking and strenuously argued” ( The Washington Post ) book from New York Times bestselling author and CNN legal commentator Jeffrey Toobin provides a timely and compelling narrative of the most controversial presidential pardon in American history—Gerald Ford’s pardon of Richard Nixon, revealing the profound implications for our current political landscape, and how it is already affecting the legacies of both Presidents Biden and Trump. In this deeply reported book, Toobin explores why the Founding Fathers gave the power of pardon to the President and recreates the behind-the-scenes political melodrama during the tumultuous period around Nixon’s resignation. The story features a rich cast of characters, including Alexander Haig, Nixon’s last chief of staff, who pushed for the pardon, and a young Justice Department lawyer named Antonin Scalia, who provided the legal justification. Ford’s shocking decision to pardon Nixon was widely criticized at the time, yet it has since been reevaluated as a healing gesture for a divided country. But Toobin argues that Ford’s pardon was an unwise gift to an undeserving recipient and an unsettling political precedent. The Pardon explores those that followed: Jimmy Carter’s amnesty for Vietnam draft resisters, Bill Clinton’s pardon of Marc Rich, and the extraordinary story of Trump’s unprecedented pardons at the end of his first term. “A master class on a power wielded by presidents for more than 200 years” ( The Guardian ), The Pardon is a must-read for anyone interested in American history, the complex dynamics of power within the highest office in the nation, and the implications of presidential mercy.

This book is both a powerful personal memoir and the definitive history of an organization that helped change American society. Jack Greenberg was a key figure at the NAACP Legal Defense and Educational Fund (LDF) for some thirty-five years. Most of the cases we associate from that period--school integration, equal employment, fair housing, voter registration--were LDF cases, either argued by Greenberg himself or litigated under his direction. Greenberg represented Martin Luther King, Jr., in Birmingham and won for him the right to march from Selma to Montgomery. Under Greenberg's leadership, the LDF forced the University of Mississippi to admit James Meredith and integrated the University of Alabama when George Wallace stood in the schoolhouse door. Greenberg won the cases in which the Supreme Court repudiated the "all deliberate speed" doctrine, which had made school desegregation intolerably slow. Through the 1970s and 1980s, LDF tackled most of the important cases that enforced the new civil rights legislation of the 1960s involving public accommodations, employment, education, and health care, and started the campaigns for prisoners' rights and against capital punishment. More than a history of the litigation that made the LDF so important, the book offers unique insights into its strategies, courtroom techniques, values, and personal relationships. Filled with stories only Greenberg could tell of his experiences with Thurgood Marshall, Martin Luther King, Jr., Marian Wright Edelman, Lani Guinier, Roy Wilkins, Vernon Jordan, Charlayne Hunter-Gault, Lyndon Johnson, and scores of others, Crusaders in the Courts is an epic saga of a critical period in American history as well as the poignant personal story of the evolution of a white Jewish lawyer into a major civil rights advocate.

American democracy is a government of men as well as laws, and politics as much as legal precedent determines whether the decisions of the Supreme Court become the policy of society. This is the argument of a provocative book on the Warren Court by one of the country's most distinguished authorities on the Court.

Michael Ratner (1943-2016) was one of America's leading human rights lawyers. He worked for more than four decades at the Center for Constitutional Rights (CCR) becoming first the Director of Litigation and then the President of what Alexander Cockburn called "a small band of tigerish people." He was also the President of the National Lawyers Guild. Ratner handled some of the most significant cases In American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner "moved the bar" by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read: 4 key principles of being a radical lawyer: 1. Do not refuse to take a case just because it is long odds of winning in court. 2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation. 3. Combine legal work with political advocacy. 4. Love people. Compelling and instructive, Moving the Bar is an indispensable manual for the next generation of activists and their lawyers.