Making Our Democracy Work: A Judge's View (Vintage) Reviews

Making Our Democracy Work: A Judge's View (Vintage)

Charged with the responsibility of interpreting the Constitution, the Supreme Court has the awesome power to strike down laws enacted by our elected representatives. Why does the public accept the Court’s decisions as legitimate and follow them, even when those decisions are highly unpopular? What must the Court do to maintain the public’s faith? How can it help make our democracy work?
 
In this groundbreaking book, Justice Stephen Breyer tackles these questions and more, offering an original approach to interpreting the Constitution that judges, lawyers, and scholars will look to for many years to come.

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The Rise and Fall of the Confederate Government Reviews

The Rise and Fall of the Confederate Government

General Books publication date: 2009 Original publication date: 1881 Original Publisher: D. Appleton and Co. Subjects: Confederate States of America United States Biography

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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts Reviews

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts

Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present.
In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads.
Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence.
Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

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Download Intellectual Property Strategy (MIT Press Essential Knowledge)

Intellectual Property Strategy (MIT Press Essential Knowledge)

Most managers leave intellectual property issues to the legal department, unaware that an organization's intellectual property can help accomplish a range of management goals, from accessing new markets to improving existing products to generating new revenue streams. In this book, intellectual property expert and Harvard Law School professor John Palfrey offers a short briefing on intellectual property strategy for corporate managers and nonprofit administrators. Palfrey argues for strategies that go beyond the traditional highly restrictive "sword and shield" approach, suggesting that flexibility and creativity are essential to a profitable long-term intellectual property strategy--especially in an era of changing attitudes about media. Intellectual property, writes Palfrey, should be considered a key strategic asset class. Almost every organization has an intellectual property portfolio of some value and therefore the need for an intellectual property strategy. A brand, for example, is an important form of intellectual property, as is any information managed and produced by an organization. Palfrey identifies the essential areas of intellectual property--patent, copyright, trademark, and trade secret--and describes strategic approaches to each in a variety of organizational contexts, based on four basic steps. The most innovative organizations employ multiple intellectual property approaches, depending on the situation, asking hard, context-specific questions. By doing so, they achieve both short- and long-term benefits while positioning themselves for success in the global information economy.

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Download The Collapse of American Criminal Justice

The Collapse of American Criminal Justice

The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions.

The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.

What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.

(20110918)

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Library of the World's Best Mystery and Detective Stories Reviews

Library of the World's Best Mystery and Detective Stories

This book was converted from its physical edition to the digital format by a community of volunteers. You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.This book was converted from its physical edition to the digital format by a community of volunteers. You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.

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Download Emanuel Law Outlines: Intellectual Property

Emanuel Law Outlines: Intellectual Property

The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

Emanuel Law Outline Features:

• #1 outline choice among law students
• Comprehensive review of all major topics
• Capsule summary of all topics
• Cross-reference table of cases
• Time-saving format
• Great for exam prep

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Download A Theory of Justice

A Theory of Justice

A work of moral and political philosophy of the twentieth century.

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Download The Monuments Men: Allied Heroes, Nazi Thieves and the Greatest Treasure Hunt in History

The Monuments Men: Allied Heroes, Nazi Thieves and the Greatest Treasure Hunt in History

At the same time Adolf Hitler was attempting to take over the western world, his armies were methodically seeking and hoarding the finest art treasures in Europe. The Fuehrer had begun cataloguing the art he planned to collect as well as the art he would destroy: "degenerate" works he despised.
In a race against time, behind enemy lines, often unarmed, a special force of American and British museum directors, curators, art historians, and others, called the Momuments Men, risked their lives scouring Europe to prevent the destruction of thousands of years of culture.
Focusing on the eleven-month period between D-Day and V-E Day, this fascinating account follows six Monuments Men and their impossible mission to save the world's great art from the Nazis.

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Download Incognito: The Secret Lives of the Brain

Incognito: The Secret Lives of the Brain

If the conscious mind—the part you consider to be you—is just the tip of the iceberg, what is the rest doing?
 
In this sparkling and provocative new book, the renowned neuroscientist David Eagleman navigates the depths of the subconscious brain to illuminate surprising mysteries: Why can your foot move halfway to the brake pedal before you become consciously aware of danger ahead? Why do you hear your name being mentioned in a conversation that you didn’t think you were listening to? What do Ulysses and the credit crunch have in common? Why did Thomas Edison electrocute an elephant in 1916? Why are people whose names begin with J more likely to marry other people whose names begin with J? Why is it so difficult to keep a secret? And how is it possible to get angry at yourself—who, exactly, is mad at whom?
 
Taking in brain damage, plane spotting, dating, drugs, beauty, infidelity, synesthesia, criminal law, artificial intelligence, and visual illusions, Incognito is a thrilling subsurface exploration of the mind and all its contradictions.

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Resilience: Reflections on the Burdens and Gifts of Facing Life's Adversities Reviews

Resilience: Reflections on the Burdens and Gifts of Facing Life's Adversities

The bestselling author of Saving Graces shares her inspirational message on the challenges and blessings of coping with adversity.

She’s one of the most beloved political figures in the country, and on the surface, seems to have led a charmed life. In many ways, she has. Beautiful family. Thriving career. Supportive friendship. Loving marriage. But she’s no stranger to adversity. Many know of the strength she had shown after her son, Wade, was killed in a freak car accident when he was only sixteen years old. She would exhibit this remarkable grace and courage again when the very private matter of her husband's infidelity became public fodder. And her own life has been on the line. Days before the 2004 presidential election—when her husband John was running for vice president—she was diagnosed with breast cancer. After rounds of surgery, chemotherapy, and radiation the cancer went away—only to reoccur in 2007.

While on the campaign trail, Elizabeth met many others who have had to contend with serious adversity in their lives, and in Resilience, she draws on their experiences as well as her own, crafting an unsentimental and ultimately inspirational meditation on the gifts we can find among life’s biggest challenges. This short, powerful, pocket-sized inspirational book makes an ideal gift for anyone dealing with difficulties in their life, who can find peace in knowing they are not alone, and promise that things can get better.

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Clarence Darrow: Attorney for the Damned Reviews

Clarence Darrow: Attorney for the Damned

Drawing on untapped archives and full of fresh revelations, here is the definitive biography of America’s legendary defense attorney and progressive hero.

Clarence Darrow is the lawyer every law school student dreams of being: on the side of right, loved by many women, played by Spencer Tracy in Inherit the Wind. His days-long closing arguments delivered without notes won miraculous reprieves for men doomed to hang.
 
Darrow left a promising career as a railroad lawyer during the tumultuous Gilded Age in order to champion poor workers, blacks, and social and political outcasts against big business, Jim Crow, and corrupt officials. He became famous defending union leader Eugene Debs in the land­mark Pullman Strike case and went from one headline case to the next—until he was nearly crushed by an indictment for bribing a jury. He redeemed himself in Dayton, Tennessee, defending schoolteacher John Scopes in the “Monkey Trial,” cementing his place in history.
 
Now, John A. Farrell draws on previously unpublished correspondence and memoirs to offer a candid account of Darrow’s divorce, affairs, and disastrous finances; new details of his feud with his law partner, the famous poet Edgar Lee Masters; a shocking disclosure about one of his most controversial cases; and explosive revelations of shady tactics he used in his own trial for bribery.
 
Clarence Darrow is a sweeping, surprising portrait of a leg­endary legal mind.

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