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  • Right Wing Justice: The Conservative Campaign to Take Over the Courts

    Herman Schwartz

    Right Wing Justice raises the alarm about the creeping conservative campaign to "pack" America's courts with judges more identified with their ideological affiliation than their skill or regard for the Constitution. The consequence is that the rule of law is taking a terrific beating from the Supreme Court. Who can forget the debacle of Election 2000? But the consequences of the campaign go far deeper than that, impinging on the daily lives of ordinary Americans who are at the receiving end of attempts to overturn or erode Supreme Court rulings on abortion, school prayer, civil rights, criminal justice, and economic regulation. As the author shows, the problem does not end at the Supreme Court—it filters down to the lowers courts and circuits. Right Wing Justice gives an alarming account of how this has come to pass over the last two decades, how conservative activists hatched this strategy in the 1960s only to see it really come of age during the Reagan revolution and the successive Republican administrations. Combining a scholar's sense of history with the immediacy of eyewitness testimony, Right Wing Justice will come not only as a sobering reading to many concerned Americans—but also as a call to wake-up.

  • The Wealth Primary: Campaign Fundraising and the Constitution

    Jamin B. Raskin

    The Supreme Court has recently issued decisions announcing that citizens have neither a constitutional right to vote, nor the right to an education. Conservative judges have continually disavowed claims to any rights not specifically mentioned in the Constitution. In "Overruling Democracy, " celebrated law professor Jamin B. Raskin, argues that we need to develop a whole new set of rights, through amendments or court decisions, that revitalize and protect the democracy of everyday life. Detailing specific cases through interesting narratives, "Overruling Democracy" describes the transgressions of the Supreme Court against the Constitution and the people - and the faulty reasoning behind them -- and lays out the plan for the best way to back a more democratic system.

  • America’s Forgotten Constitutions: Defiant Visions of Power and Community

    Herman Schwartz

    "In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law." Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region.

  • The Struggle for Constitutional Justice in Post-Communist Europe

    Herman Schwartz

    For nearly all his tenure as Chief Justice of the Supreme Court, William Rehnquist has enjoyed the support of a slim but usually solid majority of his fellow justices. With it he has been able to effect a dramatic shift to the right in many vital areas of constitutional law. Displaying a judicial activism not seen since the 1930s, Rehnquist and his allies, in a series of 5-4 decisions, have undermined civil rights and weakened the federal government's ability to respond to pressing social needs.

  • How to Read the Constitution--and Why

    Paul Williams and Norman L. Cigar

    The trial of Slobodan Milosevic represents a singular moment in modern history. For the first time a former head of state must answer charges before an International Tribunal for the commission of war crimes.

    Taking as its starting point the existing canon of international law and conventions governing actions during war, Indictment at the Hague, represents the most detailed examination of the conduct of the Serbian authorities and the individual responsibility of senior members of its leadership for war crimes.

    Citing the precedent of the Nuremberg trials, Cigar and Williams carefully link conscious decisions and specific deeds undertaken by the Milosevic regime that violated the protections guaranteed to civilian populations in war. The volume reproduces a collection of key documents from the Hague Tribunal, U.N. Commissions, and Human Rights Organizations which appear in print together for the first time. Indictment at the Hague is essential for all those concerned with the difficult task of sustaining the Geneva and Hague Conventions, and those who wish to understand how in the era of "never again" the crimes of war continue to challenge the instruments of international law.

  • Indictment at the Hague: The Milosevic Regime and Crimes of the Balkan Wars

    Paul Williams and Michael P. Scharf

    Resolving the Yugoslav conflict was the last great foreign policy challenge of the twentieth century. Never before in history was so much emphasis placed on the need to employ the concept of justice in the peace process or was so much energy devoted to creating and utilizing international justice-based institutions. In this provocative and insightful book, two former State Department lawyers, Paul R. Williams and Michael P. Scharf, undertake to tell the true story, 'warts and all,' of the role of justice in building peace in the former Yugoslavia. During the Yugoslav conflict, Serb leader Slobodan Milosevic was transformed from a key partner in peace to an indicted war criminal, who now sits in a 10 x 17 foot cell at the International Criminal Tribunal in The Hague. But the road from accommodation to accountability in the Balkans was anything but smooth. Based on their personal experience, extensive research, and interviews with key players in the Yugoslav peace-building process, Williams and Scharf provide a gripping account of how and why justice was misapplied and mishandled throughout the peace-builders' efforts to settle the Yugoslav conflict. All too often human rights and peace advocates treat justice as a panacea for conflict and atrocities, while self-proclaimed realists and professional diplomats dismiss justice as an impediment to peace. Williams and Scharf demonstrate that the truth lies in between. Their definitive study provides a novel framework for understanding the utility of justice as well as its practical limits as a diplomatic tool so that it can be more effectively applied in resolving future conflicts around the globe.

  • Law and Popular Culture: Text, Notes, and Questions, 2d

    Claudio Grossman, Robert K. Goldman, Claudia Martin, and Diego Rodriguez-Pinzon

  • Natural Resources Cases and Materials

    Barlow Burke

  • Treatment of detainees: Examination of issues relevant to detention by the United Nations Human Rights Committee

    Paul Williams

    This book takes an interdisciplinary approach to the question of what role international law plays in promoting a resolution of Central and East European transboundary environmental disputes. The author examines a wide variety of environmental disputes in Central and Eastern Europe, with particular emphasis on the Gabcíkovo-Nagymaros Project dispute between Slovakia and Hungary, and melds international legal theory and international relations theory to develop an analytic framework for understanding the role of law and assessing its future application.

  • Horizontal Mergers: Law and Policy

    Jonathan Baker, John Meyer, Elizabeth Bailey, Roden Brandt, Darius Gaskins Jr., Jóse Gómez-Ibáñez, Cornish Hitchcock, Alfred Kahn, Randall Malin, Steven Morrison, sherwin rosen, and Thomas Menzies Jr.

    TRB Special Report 255 - Entry and Competition in the U.S. Airline Industry: Issues and Opportunities focuses on some well understood and recognized opportunities to encourage airline competition, especially in larger markets.

  • Law of Federal Mortgage Documents

    Barlow Burke

  • Advancing the Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL

    Robert Dinerstein, Joan L. Sullivan, Stanley S. Herr, and Joan L. O'Sullivan

    This guide discusses a novel approach to the issues of consent and choice experienced by persons with mental retardation. Written byamultidisciplinary group of lawyers, program directors, and educators, the book explores policy, legal, and programmatic implications of topics vital to self-determination.

    Contents -Adult guardianship and alternatives -Informed consent for health care -Consent to sexual activity -Consent to residential options -Capacity for and consent to legal representation -Capacity and the courts -Consent to extraordinary interventions -Conclusion

    Since 1876, the American Association on Intellectual and Developmental Disabilities (AAIDD) has been providing worldwide leadership in the field of disabilities. AAIDD is the oldest and largest interdisciplinary organization of professionals and citizens concerned about intellectual and developmental disabilities.

    Also available:

    Cross Cultural Perspectives on Quality of Life - ISBN 0940898705 Mental Retardation: Definition, Classification, and Systems of Supports - ISBN 0940898810

    AAIDD publishes books for professionals in developmental disability in the areas of:

    -Supported living -Definition of intellectual disability -Disability funding -Positive behavior support -Palliative care -Quality of life -Health

  • Health Care Fraud and Abuse Compliance Manual (supplements)

    Corinne Parver

    An immensely practical resource, Health Care Fraud and Abuse Compliance Manual provides a comprehensive overview of legislative and regulatory restrictions that affect the way health care providers conduct business and how they structure relationships among themselves. This treatise helps providers determine the boundaries of permissible conduct under the myriad statutes and regulations that relate to health care fraud and abuse at both the federal and state levels.

  • Financial Institutions Reform Recovery and Enforcement Act of 1989: A Legal Summary and Analysis

    Padideh Ala'i

    Co-author, Introduction to the U.S. Legal System, translated to Chinese and published by Research Center of the State Council of the People Republic of China (1996).

  • The War Against Authority: From the Crisis of Legitimacy to a New Social Order

    Nicholas Kittrie

    The Cold War is over and a New World Order is supposed to have begun. Yet the world has perversely avoided the "broad, sunlit uplands of peace" hoped for by Winston Churchill. Ethnic, religious, and civil strife continues to erupt around the world, played out in the mass media with unprecedented immediacy and horror. As fears of global apocalypse fade, the struggle between the forces upholding "authority" and those clamoring for "autonomy" breaks out anew on the national and sub-national stages. Not only the nation and the state, but also the church, the family, the school and the workplace, are reeling under the lash of dissent, opposition, and rebellion--often appearing on the verge of collapse.

    In The War Against Authority, his most provocative work to date, eminent political, legal, and historical scholar Nicholas N. Kittrie explores the causes of escalating worldwide racial, cultural, political and social discontent. He goes beyond facile and traditional explanations such as population explosion, environmental abuse, ancient rivalries or the clash of civilizations. Instead, Kittrie points to a long predicted "crisis of legitimacy," a force that erodes the underpinnings of society and public confidence in its institutions.

    With dramatic historical sweep and unblinking contemporary focus, Kittrie highlights the quest by those out of power to share in society's benefits, and by rulers to gain and maintain the acquiescence of their underlings. The cast of players in Kittrie'sbook is as diverse as history itself: Socrates and Brutus, Robert E. Lee and John Brown, Martin Luther King and Susan B. Anthony, Vladimir Lenin and Mao-Tsetung, Lee Harvey Oswald and Sirhan Sirhan. Their means and causes are just as varied: abolition and slavery, public order and individual conscience, abortion and the right to life, the bomb and the leaflet, freedom fighting and terrorism, communal conciliation and genocide, fundamentalism and heresy, conformity and civil disobedience, tribalism and multiculturalism.

    Kittrie shows how the recent scramble between the Republican "Contract with America" and the Democratic "New Covenant" is simply an attempt to reclaim political legitimacy--different and contrasting efforts to recapture the essence of the "American Dream." The ongoing process to rewrite, in a form acceptable to new generations, this country's "social contract" (modifying and implementing a Constitution signed in Philadelphia over two hundred years ago) is mirrored across the globe. Constitution writing and similar efforts at institution and consensus building are vigorously under way throughout the world, clearly pointing to a need to prop up the legitimacy of authority in this pluralistic post-totalitarian era.

    The War Against Authority is not another fin de siecle documentation of chaos and the world's woes. It offers workable solutions, useful methods for governments and individuals to redefine their identities and restore the legitimacy of authority. Kittrie proposes creative, responsive and pluralistic systems of power-sharing and justice. He calls for a new national and worldorder, committed to the richness of human diversity, the power of the person over government, and the ultimate accountability of all power. As Kittrie reiterates: "Perhaps history is nothing more than the struggle between different concepts of authority."

  • Administrative Law and Process in a Nutshell, 6d

    Jamin B. Raskin and John Bonifaz

  • Maximizing Deniability the Justice System and Human Rights in Guatemala

    Kenneth Anderson

  • Toward a More Just and Effective System of Review in State Death Penalty Cases: A Report Containing the American Bar Association's Recommendations Concerning Death Penalty Habeas Corpus and Related Materials from the American Bar Association Criminal Justice Section's Project on Death Penalty Habeas Corpus

    Horacio A Grigera Naon

  • Persecuting Human Rights Monitors: The CERJ in Guatemala

    Kenneth Anderson and Helsinki Watch Committee

  • Human Rights of Older People: Universal and Regional Legal Perspectives

    Ira P. Robbins

  • Reclaiming Fair Use: How to Put Balance Back in Copyright, 2d

    Paul Williams

  • Entry and Competition in the U.S. Airline Industry Issues and Opportunities - Special Report 255

    Padideh Ala'i

    “Financial Institutions Reform Recovery and Enforcement Act of 1989: A Legal Summary and Analysis” (Co-author), published by Jones, Day, Reavis & Pogue (1989).

  • Food and Drug Law: Cases and Materials, 4d

    Kenneth Anderson

  • Yugoslavia: Crisis in Kosovo

    Kenneth Anderson

 

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