Written in response to Judge Richard Posner's "Not a Suicide Pact," Michael Tigar's new book examines the responses of governments throughout history to terrorist threats, including those in our own nation's history. Tigar focuses specifically on the effects of governmental action on the liberties and constitutional protections enjoyed by the people. Tigar creates a framework for analyzing our own government's responses to the terrorist attacks of 9/11 -- the now familiar litany of Guantanamo, extraordinary rendition, telephone and e-mail spying, and the like -- and for balancing these responses with rights guaranteed under the Constitution, such as the right to be free of searches and seizures and the right to privacy. Judge Posner came down squarely on the side of the current administration in defending the government's responsibility to keep the people safe at nearly all costs. Tigar demonstrates exactly what those costs have historically been, what they have been recently, and makes the case that subversion of our fragile civil rights is in fact an undermining of the very basis of the republic. Michael Tigar is widely regarded as one of the top handful of trial lawyers alive today. Revered by other trial lawyers, but not widely known to the general public, Tigar has been on the front lines of major legal battles since the late 1960s, when, just two years out of law school, he led the nationwide effort to fight draft-related prosecutions and argued the issue before the U.S. Supreme Court. Over the past forty years he has represented such defendants as Angela Davis, John Demjanjuk, Terry Nichols (the Oklahoma City bombing co-conspirator), and, most recently, Lynn Stewart. He is the author of several highly-regarded trial practice handbooks and of his autobiography, Fighting Injustice, and teaches at American University, Washington College of Law, and Duke Law School.
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 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.
In 1992, the voters of Colorado passed a ballot initiative amending the state constitution to prevent the state or any local government from adopting any law or policy that protected a person with a homosexual, lesbian, or bisexual orientation from discrimination. This amendment was immediately challenged in the courts as a denial of equal protection of the laws under the United States Constitution. This litigation ultimately led to a landmark decision by the United States Supreme Court invalidating the Colorado ballot initiative. Suzanne Goldberg, an attorney involved in the case from the beginning on behalf of the Lambda Legal Defense and Education Fund, and Lisa Keen, a journalist who covered the initiative campaign and litigation, tell the story of this case, providing an inside view of this complex and important litigation.
Starting with the background of the initiative, the authors tell us about the debates over strategy, the court proceedings, and the impact of each stage of the litigation on the parties involved. The authors explore the meaning of legal protection for gay people and the arguments for and against the Colorado initiative.
This book is essential reading for anyone interested in the development of civil rights protections for gay people and the evolution of what it means to be gay in contemporary American society and politics. In addition, it is a rich story well told, and will be of interest to the general reader and scholars working on issues of civil rights, majority-minority relations, and the meaning of equal rights in a democratic society.
Suzanne Goldberg is an attorney with the Lambda Legal Defense and Education Fund. Lisa Keen is Senior Editor at the Washington Blade newspaper.
Author Cohen, having been outed in the press as the source of records pertaining to the shoplifting conviction of the political rival of his client in a gubernatorial campaign, sued the paper for breach of contract as they had agreed to use him as an anonymous source. The case, Cohen vs. Cowles Media, eventually reached the Supreme Court and is now studied in First Amendment law. Here he provides his account of those events from the origins of his involvement in the political campaign to the eventual resolution of the case. Annotation ©2005 Book News, Inc., Portland, OR (booknews.com)
From an award-winning lawyer-reporter, a radically new explanation for America's failing justice system
The stories of grave injustice are all too familiar: the lawyer who sleeps through a trial, the false confessions, the convictions of the innocent. Less visible is the chronic injustice meted out daily by a profoundly defective system.
In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible--the first and necessary step to any reform.
Full of gripping human stories, sharp analyses, and a crusader's sense of urgency, "Ordinary Injustice" is a major reassessment of the health of the nation's courtrooms.
The notion of the author as the creator and therefore the first owner of a work is deeply rooted both in our economic system and in our concept of the individual. But this concept of authorship is modern. Mark Rose traces the formation of copyright in eighteenth-century Britain--and in the process highlights still current issues of intellectual property. Authors and Owners is at once a fascinating look at an important episode in legal history and a significant contribution to literary and cultural history.
Scandals at Abu Ghraib and Guantanamo signal alarming changes in America's attitudes toward criminals, punishment, and democratic idealsThe statistics are startling. Since 1973, America's imprisonment rate has multiplied over five times to become the highest in the world. More than two million inmates reside in state and federal prisons. What does this say about our attitudes toward criminals and punishment? What does it say about us?
This book explores the cultural evolution of punishment practices in the United States. Anne-Marie Cusac first looks at punishment in the nation's early days, when Americans repudiated Old World cruelty toward criminals and emphasized rehabilitation over retribution. This attitude persisted for some 200 years, but in recent decades we have abandoned it, Cusac shows. She discusses the dramatic rise in the use of torture and restraint, corporal and capital punishment, and punitive physical pain. And she links this new climate of punishment to shifts in other aspects of American culture, including changes in dominant religious beliefs, child-rearing practices, politics, television shows, movies, and more.
America now punishes harder and longer and with methods we would have rejected as cruel and unusual not long ago. These changes are profound, their impact affects all our lives, and we have yet to understand the full consequences.
Since the rise of Napster and other file-sharing services in its wake, most of us have assumed that intellectual piracy is a product of the digital age and that it threatens creative expression as never before. The Motion Picture Association of America, for instance, claimed that in 2005 the film industry lost $2.3 billion in revenue to piracy online. But here Adrian Johns shows that piracy has a much longer and more vital history than we have realized--one that has been largely forgotten and is little understood.
Piracy explores the intellectual property wars from the advent of print culture in the fifteenth century to the reign of the Internet in the twenty-first. Brimming with broader implications for today's debates over open access, fair use, free culture, and the like, Johns's book ultimately argues that piracy has always stood at the center of our attempts to reconcile creativity and commerce--and that piracy has been an engine of social, technological, and intellectual innovations as often as it has been their adversary. From Cervantes to Sonny Bono, from Maria Callas to Microsoft, from Grub Street to Google, no chapter in the story of piracy evades Johns's graceful analysis in what will be the definitive history of the subject for years to come.
In more than 700 entries, Encyclopedia of the United States Constitution contains all the material high school students need to understand the United States Constitution. This two-volume A-to-Z set covers the people, court cases, historical events, and terms relating to one of the most studied political documents in schools across the country. Appendix material includes the U.S. Constitution and other government documents.