Subjects:  1. Constitutional    2. Executive privilege (Government information)    3. Law    4. Law and legislation    5. Legal History    6. Legal Reference / Law Profession    7. National security    8. Official secrets    9. United States    10. Constitutional & administrative law    11. Freedom of information & freedom of speech    12. USA   

Reviews (2)

The Best Place to Start to Understand Indian Law
Although I understand the earlier reviewer's concern regarding anti-discrimination law and how miserable law school can be, I have found this book to be the best possible introduction to Indian Law.My law school offered no Indian Law class, and wanting to learn more after I read about the Cobell case, I needed a concise book.Canby has done a wonderful job.His historical introduction is a quick and engrossing read, and the other chapters in the book are equally clear and concise.I owe him much, given that I wrote two papers on Indian Law in law school and quoted extensively from him.Yes, Indian Law is a complex field where tribal sovereignty and the government's trust responsibility often collide and where concepts of jurisdiction and property are seriously muddled, but Canby gives you just what you need to get your legs under you, understand the basic concepts, and know where to begin to research from there.
Don't sleep on this subject:It ain't easy!
I took Indian Law 7 years ago.I'm hoping this book corresponds to the Notes in a Nutsell for Felix Cohen's text.Indian Law didn't have those highly useful cliff notes on tape.It didn't have those cards with the questions on the front and the answers on the back either.So I needed this Notes in a Nutshell in order to survive.It was essential for writing an outline for the final.Indian law is no cute little topic.The rules that the US has used to jerk Native Americans and their tribes over are not easy to understand.This borrowed much from difficult subjects like civil procedure and property, rather than anti-discrimination law.If you choose to take this class, you will need this book in order to survive it.Then again, I'm a person who hated all aspects of law school, including the subjects that sounded like they'd be interesting. ... Read more

Subjects:  1. Constitutional    2. Government - State, Provincial & Municipal    3. Indians of North America    4. Law    5. Legal Reference / Law Profession    6. Legal status, laws, etc   

Reviews (13)

Conscientious, scholarly, and accessible.
John Jay [1745-1829] has long deserved a full-length scholarly biography and here he receives one that does honor to subject and author alike.First-time author Walter Stahr, a practicing attorney specializing in international law, has done prodigious work in the original sources and the scholarly literature and presents his findings capably and responsibly.He blends rigorous scholarship with clear and direct prose.His work deserves a wide and grateful audience.I have one caveat.Having worked on John Jay myself, I respectfully dissent from Mr. Stahr's argument that historians have neglected Jay because of his religious and political conservatism.I think, rather, that there are three major reasons for the previous neglect of Jay.First, until the great body of his papers found a home at Columbia University, thanks to the labors of Richard B. Morris, the sources needed for a fuller understanding of Jay and his career were not readily available, and the availability of sources often shapes the kinds and varieties of scholarship that historians and biographers can undertake.Second, by one of those unfortunate historical accidents, Jay was not a signer of either the Declaration of Independence [indeed, he was a reluctant revolutionary until 4 July 1776] or the Constitution of the United States.Signers and Framers tend to get more attention from later writers than those who were neither signers nor framers.Third, not only Jay but all members of the early [pre-1801] Supreme Court have been eclipsed by the titanic figure of John Marshall.In any event, Stahr's biography should spark a reconsideration of Jay's life and career and a re-evaluation of his place in the establishment of the United States.

Long Overdue
Ask any group of American historians who the ten most important figures of the founding era were, and, sadly, the name of John Jay would be absent from a lot of those lists. I had never heard of author Walter Stahr before finding JOHN JAY: FOUNDING FATHER, so I had no idea what to expect, and though he may lack the flowing narrative of an H.W. Brands or Stephen Ambrose, a few more books like this will make Stahr a household name among history buffs.
An important man, but not a well known man
John Jay - most people know precious little about the man who is rightly considered to be one of the most important of the "second tier" of founding fathers (people like Washington, Adams, Jefferson, & Franklin make up the first tier).Prior to reading this book, I must admit that I also knew precious little about John Jay except that he was the first Chief Justice of the United States Supreme Court.
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Subjects:  1. 1783-1865    2. Biography    3. Biography / Autobiography    4. Historical - General    5. Historical - U.S.    6. History    7. History: American    8. Judges    9. Politics and government    10. Statesmen    11. United States    12. United States - Colonial Period    13. United States - Revolutionary War    14. American history: c 1500 to c 1800    15. Biography: general    16. Constitutional & administrative law    17. History / United States / Revolutionary Period (1775-1800)    18. Political science & theory    19. USA    20. c 1700 to c 1800    21. c 1800 to c 1900   

Subjects:  1. Civil rights    2. Constitutional    3. General    4. Political And Civil Rights    5. Political Freedom & Security - Civil Rights    6. Political Science    7. Politics - Current Events    8. Politics / Current Events    9. Politics/International Relations    10. Popular works    11. United States    12. Human rights    13. Political Science / General   

Editorial Review

In the second volume of a projected trilogy that seeks to provide the history of constitutional law in the U.S., Yale law professor Bruce Ackerman turns his attention to two periods: the post-Civil War era and the New Deal. Ackerman's historical research is prodigious, and Read more

Reviews (3)

Strong historical support for Foundations.
In his second volume, Ackerman presents his historical evidence defending the concept of a dualist Constitution. In brief, the theory of dualism holds that we have a two-track law-making system: while victors of normal elections are given normal political power, the authority to effect fundamental constitutional change requires a sustained, massive degree of popular support. These periods of fundamental change are brought about through unconventional ratification outside of the accept means of constitutional revision, i.e. Article V. This process is complicated and he identifies five different steps: signaling, proposal, triggering, ratifying, and consolidation.
Attractive, appealing, well researched theories.
Bruce Ackerman eloquently uses the "higher lawmaking" theory just as Adam Smith used his invisible hand. Instead of guiding the American economic system and gross national product, Ackerman's higher lawmaking theory provides that the American ratification of the Constitution of the United States is led by things other than the system of ratification provided for us in Article V of the Constitution. Dry, engrossing Constitutionality
Continuing from Foundations, Ackerman has proven deep ties to traditional majoritarianism.However, I find his spin fascinating, albeit not the juiciest read I've come across recently.His take on our democratichistory is refreshing, and I recommend it to those who crave exposure tonew vantage points of American tradition. ... Read more

Subjects:  1. Constitutional    2. Constitutions    3. Government - U.S. Government    4. History    5. History: American    6. Politics / Current Events    7. United States - General    8. American history    9. Constitution: government & the state    10. Constitutional & administrative law    11. History / United States / General    12. USA   

Reviews (6)

carefully and closely reasoned investigation
Not light reading or a polemic, but rather a carefully and closely reasoned investigation of how one comes to decisions about matters involving the taking of life, with particular emphasis on doing so under the US Constitution not advised
I was actually looking forward to reading this book.I came with an open mind and yet the poor writing and lack of credible arguments astounded me.How is this author a scholar and still able to write weakly biased material that is published by a major house?
False Rationalizations
Dworkin claims that accepting abortion and euthanasia is to somehowembrace the sanctity of all human life.What tripe.Whatever one thinksof these controversial issues, both involve killing as a means to problemsolving.That hardly embraces life's sanctity unless language has lost allmeaning. ... Read more

Subjects:  1. Abortion    2. Euthanasia    3. General    4. Human rights    5. Law and legislation    6. Philosophy    7. Sociology    8. United States    9. Ethical issues & debates    10. Law / Constitutional   

Subjects:  1. Civil Procedure    2. Constitutional    3. Constitutional history    4. General    5. History    6. History: World    7. Legal History    8. Legal Reference / Law Profession    9. Sources    10. United States    11. United States - General    12. Constitution: government & the state    13. Constitutional & administrative law    14. USA   

Reviews (9)

Reframing a volatile issue
Racism has been an impediment in living up to our ideals as a democracy. It will continue to be a sensitive and volatile issue here in America unless we make an effort to eliminate it. The authors have done a formidable job in reframing the problem in a way to help us trancend it, come together and work toward a solution to what W.E.B. DuBois called the problem of the 20th century. It's a difficult book but well worth the effort!

You are kidding me?
I know that professors from Harvard and UT are smart, but do they really feel the need to express this in their writing?The entire first chapter of this book is nothing but fluff, using nearly incomprehensible $5 words.The authors do not get their point across in a clear and concise manner and the rest of the book suffers because of this.Do not buy this book.

Timely and bold
A bold call for bringing people together and transforming society. If you are class conscious and anti-racist read this book, it will be worth the challenge. ... Read more

Subjects:  1. Coalition (Social sciences)    2. Discrimination & Racism    3. Minorities    4. Minority Studies - Race Relations    5. Political Process - General    6. Political activity    7. Political aspects    8. Political participation    9. Race relations    10. Social Science    11. Sociology    12. Sociology - Social Theory    13. United States    14. 21st century    15. Constitutional & administrative law    16. Political Science / Civil Rights    17. Political science & theory    18. Political structure & processes    19. Racism & racial discrimination    20. USA   

Subjects:  1. Cases    2. Civil Rights    3. Constitutional    4. Law    5. Legal Reference / Law Profession    6. State action (Civil rights)    7. United States   

Subjects:  1. Comparative    2. Constitutional    3. Courts - General    4. International    5. Interpretation and construction    6. Judges    7. Judicial process    8. Law    9. Legal Reference / Law Profession    10. Political Ideologies - Democracy    11. Courts & procedure    12. Jurisprudence & General Issues    13. Law / Constitutional    14. Political Philosophy    15. Political Science and International Relations   

Editorial Review

Despite Americans' constitutional right to a free press, certain governmentinformation--particularly that concerning military affairs--has been placed beyond therealm of public access. A U.S. Supreme Court decision in 1971, however (brought aboutwhen the Nixon administration sued the the Read more

Reviews (4)

Fantastic
Fanatastic, detailed and scholarly account of the Pentagon papers case from a truly gifted legal academic

What About the Ellsberg-Russo Trial?
What's the author's problem?Alxheimer's or "selective memory?"He fails to mention the "joint trial of Dan Ellsberg AND Tony Russo" -- and Russo went to jail for civil resistance over thePentagon Papers! -- and the author fails to mention the participation ofrenowned international law scholar Richard Falk.Surely with all the booksFalk has in his home library here in Princeton, he must have purchased thisone.Where's his response?Or would he rather forget his participation inthis world-history-changing event?Further, there's nothing that wouldgive a readers even a clue that the leak of the Pentagon Papers begat thedownfall of Richard Nixon -- not just Watergate!Shame on you, Rudenstine!

What Rudenstine left out
Rudenstine, a lawyer leaves out any consideration of international law. For example, he fails to even mention Professor Richard Falk of Princeton University who edited three thick volumes on international law and the VietNam War. Falk is the lawyer who is the leading authority on the PentagonPapers. Rudenstine also gives short shrift to the trial that was the mainreason for Nixon's fall (much moreso than the Watergate burglary): theEllsberg- Russo Pentagon Papers Trial which came about as a result of mycivil disobedience (refusing to testify before the Pentagon Papers grandjury and thus going to jail) in the summer of 1971. As a result of theseomissions Rudenstine's book is seriously flawed. ... Read more

Subjects:  1. Criminal Law - General    2. Law    3. Legal History    4. Legal Reference / Law Profession    5. Legal System    6. Military - Vietnam War    7. American history: postwar, from c 1945 -    8. Central government    9. Constitutional & administrative law    10. Freedom of information & freedom of speech    11. Law / General    12. USA   

Reviews (1)

A Great Tome, But Not the Place to Start
George is an adroit, articulate, and erudite author, and this book is a well-crafted and intelligently-designed defense of modern natural law theory. Yet, these features still require the reader to be already familiar with ethics, meta-ethics, metaphysics, and natural law. This book is for graduate students and advanced undergraduates; it's not directed toward a general readership. For a simpler, more straight-forward account cf, Finnis, "Natural Law and Natural Rights," (OUP, 1982).Read more

Subjects:  1. Business & Economics    2. Business/Economics    3. Constitutional    4. Development - Economic Development    5. History & Theory - General    6. Law    7. Legal Reference / Law Profession    8. Natural Law    9. Constitutional & administrative law    10. Ethics & moral philosophy    11. Foundations of law    12. Law / Constitutional    13. Law | Jurisprudence and Legal Philosophy    14. Social & political philosophy    15. Theology   

Reviews (11)

An accessible, left-leaning overview of first-amendment law
A very familiar, weak joke among my friends is to preface even the most self-apparent advice with the phrase "I am not a lawyer."For example, "I'm not a lawyer, but I'd advise against punching your neighbor in the face.""I'm not a lawyer, but I'd recommend renting The Incredibles instead of Friday the 13th Part 27."
Another necessary free speech book
There is little to add to the other reviews.Lewis writes well, on a important enough subject.He idealizes the court's creation of, and support for, free speech doctrine.The importance of the Sullivan case is the crux of the book.Justic Goldberg summed up the result: "A public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice'--that is, with knowledge that it was false or with reckless disregard of whether it was false or not."It was, according to Lewis, a victory for free speech and important component in the development of free speech doctrine.
Why press freedom matters...
A readable account of the libel case that dramatically defined and expanded the scope of press freedom.It's difficult to remember that it was only in the 1960's that these ideas were settled by the Supreme Court.Lewis backgrounds the history of press freedom, or rather government attempts to bridle it by various sedition acts that seemed to appear each generation [Ashcroft's current attempts to inhibit 1st Amendment rights is only the latest in a long series] The last chapters of the book cover libel cases through 1991 when the book went to press.The short section on the Pentagon Papers case is particularly timely.Read more

Subjects:  1. Constitutional    2. Freedom of the press    3. General    4. History: American    5. Libel and slander    6. Politics / Current Events    7. Press law    8. Sullivan, L. B    9. United States    10. Law / Constitutional    11. Modern fiction    12. Trials, litigation, etc    13. USA   

Reviews (10)

Should Judicial Review by Limited?
This is a very fine work of scholarship.The research is staggering in its comprehensiveness, and it is a definite contribution to the literature on the federal courts at a time when there is much attention being devoted to judicial power.The basic thesis of the book is that throughout American constitutional history, what the author terms "popular constitutionalism" has played a "pivotal role" in interpreting the Constitution. The author believes that "judicial supremacy" has caused a disfunction in the political system and needs to be offset by more attention to the expressions of popular direction in making interpretations. In order to argue his thesis, the author has produced a very valuable history of judicial review.
Simultaneously Over and Under Inclusive
After finishing Kramer's book, one doesn't know quite what to make of it.After all, as history, the book is about one hundred pages too long and studded with irrelevant normative snipes.But as a prescriptive policy argument, the book is needlessly morassed in early history and rests its points on a case that was never built.
This book has very troubling implications
Kramer seems to think that we have strayed from the path of letting the People decide constitutional issues. There are significant reasons why Madison and others thought that would be a problem. Freedom of speech, for example, is something that the majority of voters or their representatives in congress would do away with in an instant if it weren't for the Supreme Court. Freedom of speech is fine until some group like the communists or the nazi party tries to exercise it, then legislators try to make laws saying they can't. In our constitution it is imperative to have a less political branch deciding these issues. Yes, the Supremes make unpopular decisions sometimes, but that is their job. Allowing the boneheads in congress to decide important constitutional issues would be folly. They would play to the lowest common denominator and have us giving away our rights in the name of God or security or morality. The Constitution has a way for the people to check the Supreme Court. We can impeach them or amend the constitution. Kramer's book looks back on the golden age in 1800 when we voted out a political party because of the unconstitutional laws they passed. Does he deny the havoc some poorly thought out laws could wreak in 21st century America? We don't have time to allow people to take away American's rights with the idea we might get them back in the next election. ... Read more

Subjects:  1. Constituent power    2. Constitutional    3. General    4. Government - Judicial Branch    5. History    6. History: World    7. Judicial review    8. Legal Reference / Law Profession    9. People (Constitutional law)    10. Political Ideologies - Democracy    11. United States    12. Constitution: government & the state    13. Constitutional & administrative law    14. Law / Constitutional    15. Law | Constitutional Law    16. USA   

Subjects:  1. Constitutional    2. Constitutional law    3. General    4. Government - Judicial Branch    5. Law and ethics    6. Legal Reference / Law Profession    7. Political Science    8. Politics/International Relations    9. Privacy, Right of    10. United States    11. Law / General    12. Private, property, family law    13. USA   

Subjects:  1. Constitutional    2. Law    3. Legal Reference / Law Profession    4. Property    5. Right of property    6. United States    7. Political Science / General   

Features

• Illustrated

Reviews (2)

Most Important Legal Book of the Year
This is an excellent book.
You Were There
Stohr's book reminded me of an old television program hosted by Walter Cronkite. It reenacted significant events in history and he always ended it by saying, "You were there." I felt as though I had been behind the scenes as those involved with the two affirmative action cases worked for victory. Stohr explains the legal terms clearly without being condescending. He delves into the personalities and the politics which determine the outcomes. I especially enjoyed his coverage of the Supreme Court. Stohr is an excellent, fair minded reporter. ... Read more

Subjects:  1. Civil Rights    2. Constitutional    3. Education    4. Government - U.S. Government    5. Higher    6. Legal Reference / Law Profession    7. Political Freedom & Security - Civil Rights    8. Admission    9. Affirmative action programs in education    10. Bollinger, Lee C.    11. Discrimination in education    12. Discrimination in higher education    13. Ethnic Orientation/African-American    14. Grutter, Barbara    15. Law / Constitutional    16. Law and legislation    17. Law/Civil Rights    18. Michigan    19. Political Science/Government - Comparative    20. Political Science/Political Freedom & Security - Civil Rights    21. United States    22. University of Michigan   

Subjects:  1. General    2. Government - U.S. Government    3. Political Ideologies - Democracy    4. Political Science    5. Politics / Current Events    6. Politics/International Relations    7. Public Affairs & Administration    8. Public administration    9. State, The    10. CONSTITUTIONAL LAW    11. DEMOCRACY    12. Law / Constitutional    13. POLITICS & GOVERNMENT    14. Sociology, Social Studies   

Reviews (5)

Revised indeed.Whose Constitution is this?
Buy it only if the price is 50% off. That's because the first half of the work is a poorly written interpretation of our nation's most sacred document.Thankfully, the actual Constitution is provided in the second half.In the first 60 pages, the left-leaning declarations are so bizarre, it is hard to consider this book a serious work.
A simple but great intro tour through the Constutution.
This is a nuts and bolts introductory book on the Consitution. It definately dosn't analyze anything to any degree whatsoever, but if your looking for that there are plenty of other books to consider. This is one to start with.
Read it often
About a year ago, I saw a movie called The Revolution Will Not Be Televised. The movie is about President Chavez in Venezuela and the failed coup attempt on his presidency. In the background coverage of his presidency, the filmmakers recounted how as President, he encouraged his citizens to read their brand new constitution and learn it. They interviewed some Venezuelans who did not know to read, but had learned to read by reading their constitution.
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Subjects:  1. Children: Young Adult (Gr. 7-9)    2. Constitutional law    3. Constitutions    4. Government - U.S. Government    5. History - General History    6. United States    7. United States - Colonial Period    8. Constitution: government & the state    9. Political Science / Constitutions    10. USA   

Reviews (1)

A fascinating look at civil rights development in the US
John David Skrentny has written a profound and deeply enlightening look at the development of affirmative action. His examination of the co-option of the race and quota issues by the right wing in the early 1970's is a mustread for any student of history, politics, and American culture. A giftedand highly readable author, Mr. Skrentny takes the reader on a cook's tourof the social and political development of affirmative action. An excellentcompoanion volume to Hugh Graham's civil rights work. Highly recommended. ... Read more

Subjects:  1. Affirmative action programs    2. Business/Economics    3. Labor & Employment    4. Labor & Industrial Relations - General    5. Politics / Current Events    6. United States    7. Constitutional & administrative law    8. Equal opportunities    9. Political Science / Labor & Industrial Relations    10. Political science & theory    11. USA