As an Assistant United States Attorney, John Kroger pursued high-profile cases against mafia killers, drug kingpins, and Enron executives. In Convictions, Kroger reveals how to flip a perp, how to conduct a cross, how to work an informant, how to placate a hostile judge. Starting from his time as a green recruit and ending at the peak of his career, he steers us through the complexities and ethical dilemmas in the life of a prosecutor, where the battle in the courtroom is only the culmination of long and intricate investigative work.
In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this day-and in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers.
Opponents of same-sex marriage in the United States claim that allowing gays and lesbians to marry would undermine the institution of marriage, weaken family structures, and cause harm to children. Drawing from 17 years of data and experience with same-sex marriage in Scandinavia (in the form of registered partnerships), Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the effects of same-sex marriage on society. Spedale and Eskridge find that the evidence refutes conservative defense-of-marriage arguments and, in fact, demonstrates that the institution of marriage may indeed benefit from the legalization of gay marriage. If we look at the proof from abroad, the authors show, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution, nor harm the wellbeing of our nation's children."A very interesting book that people should read."
--Bill O'Reilly, Host, The O'Reilly Factor "Whatever your views are now on same-sex marriage, this is the book to read to be informed about why same sex couples want legal recognition and what legal union means to them and to the larger community. Spedale and Eskridge give detailed accounts of the effects of registered partnerships in Scandinavia--and along the way, offer fascinating and engaging pictures of many people's lives."
Jeremiah Smith Jr. Professor, Harvard Law School "Spedale and Eskridge illuminate with remarkable even-handedness a debate that tends to generate more heat than light. They provide a cogent analysis of conservative arguments that same-sex matrimony threatens conventional marriage, and argue persuasively that enabling same-sex partners to marry may actually strengthen that beleaguered institution."
President and CEO, Center for American Progress "An important and timely contribution. It should be required reading for anyone interested in the future of families in America."
--Martha Albertson Fineman,
Robert W. Woodruff Professor, Emory Law School
In this remarkable and elegant work, acclaimed Yale Law School professor Kenji Yoshino fuses legal manifesto and poetic memoir to call for a redefinition of civil rights in our law and culture.
Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.
Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to "act white" by changing their names, languages, or cultural practices. Women are told to "play like men" at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity.
At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and socialsolicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity-a desire that brings us together rather than driving us apart.
Yoshino's argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future.
"This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man's struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights." -Barbara Ehrenreich, author of "Nickel and Dimed
"Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, "Covering "quite literally brings the law to life. The result is a book about our
public and private selves as convincing to the spirit as it is to the
mind." -Adam Haslett, author of "You Are Not A Stranger Here
"Kenji Yoshino's work is often moving and always clarifying. "Covering" elaborates an original, arresting account of identity and authenticity in American culture."
-Anthony Appiah, author of "The Ethics of Identity" and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University
"This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's "The Souls of Black Folk" and Betty Friedan's "The Feminine Mystique," this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness."
-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights
""Covering" is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply humanflourishing - can afford to miss it."
-Amy Chua, author of "World on Fire
"In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present,
why "covering" is the issue of contention, and why the "covering demand," universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at
The author of Free Culture shows how we harm our childrenaand almost anyone who creates, enjoys, or sells any art formawith a restrictive copyright system driven by corporate interests. Lessig reveals the solutions to this impasse offered by a collaborative yet profitable ahybrid economya. Lawrence Lessig, the reigning authority on intellectual property in the Internet age, spotlights the newest and possibly the most harmful culture waraa war waged against our kids and others who create and consume art. Americaas copyright laws have ceased to perform their original, beneficial role: protecting artistsa creations while allowing them to build on previous creative works. In fact, our system now criminalizes those very actions. For many, new technologies have made it irresistible to flout these unreasonable and ultimately untenable laws. Some of todayas most talented artists are felons, and so are our kids, who see no reason why they shouldnat do what their computers and the Web let them do, from burning a copyrighted CD for a friend to abitinga riffs from films, videos, songs, etc and making new art from them. Criminalizing our children and others is exactly what our society should not do, and Lessig shows how we can and must end this conflictaa war as ill conceived and unwinnable as the war on drugs. By embracing aread-write culture, a which allows its users to create art as readily as they consume it, we can ensure that creators get the supportaartistic, commercial, and ethicalathat they deserve and need. Indeed, we can already see glimmers of a new hybrid economy that combines the profit motives of traditional business with the asharing economya evident in such Websites as Wikipedia and YouTube. The hybrid economy will become ever more prominent in every creative realmafrom news to musicaand Lessig shows how we can and should use it to benefit those who make and consume culture. Remix is an urgent, eloquent plea to end a war that harms our children and other intrepid creative users of new technologies. It also offers an inspiring vision of the post-war world where enormous opportunities await those who view art as a resource to be shared openly rather than a commodity to be hoarded.
"Magisterial . . . in Williams' richly detailed portrait, Marshall emerges as a born rebel."--Jack E. White, Time
Thurgood Marshall was the twentieth century's great architect of American race relations. His victory in the Brown v. Board of Education decision, the landmark Supreme Court case outlawing school segregation in the United States, would have made him a historic figure even if he had never been appointed as the first African-American to serve on the Supreme Court. He had a fierce will to change America, which led to clashes with Martin Luther King, Jr., Malcom X, and Robert F. Kennedy. Most surprising was Marshall's secret and controversial relationship with the FBI chief J. Edgar Hoover. Based on eight years of research and interviews with over 150 sources, Thurgood Marshall is the sweeping and inspirational story of an enduring figure in American life who rose from the descendants of slaves to become an American hero.
Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures.
In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making.
Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner's theory steers between political theorists' concept of deliberative democracy on the left and economists' public-choice theory on the right. It makes a significant contribution to the theory of democracy--and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important--and secret--legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court's history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.