Showing results by publisher "Tantor Audio" in Law

The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch.

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is—because it reveals who governs us. Who Decides makes the case that Constitutional Law should account for the role of the state courts and constitutions, together with the federal courts and constitution, in assessing the right balance of power among all branches of government.

Tyrants on Twitter is the first detailed analysis of how Chinese and Russian agents weaponize Facebook, Instagram, Twitter, and YouTube to subvert the liberal international order. In addition to examining the 2016 US election, David L. Sloss explores Russia's use of foreign influence operations to threaten democracies in Europe, as well as China's use of social media and other digital tools to meddle in Western democracies and buttress autocratic rulers around the world.

For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families.

The natural limits of the human body make us vulnerable and therefore dependent, throughout our lives, on others. Yet American law and policy disregard these stubborn facts, with statutes and judicial decisions that presume people to be autonomous, defined by their capacity to choose. As legal scholar O. Carter Snead points out, this individualistic ideology captures important truths about human freedom, but it also means that we have no obligations to each other unless we actively, voluntarily embrace them.

In Real Americans, Jared A. Goldstein boldly challenges the conventional wisdom that a shared devotion to the Constitution is the essence of what it means to be American.

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected.

Levels of violent crime have been in a steady decline for centuries-for millennia, even. Over the past 500 years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over 3,000 years.

Following the fatal shooting in broad daylight of unarmed African American Michael Brown by a white cop in August 2014, Ferguson, Missouri, became the scene of protests that pitted law enforcement against locals and Black Lives matter activists. The media firestorm has not waned, and, in fact, has grown stronger in light of all the recent violence by and against police officers nationwide. According to Ferguson's former police chief Tom Jackson, the uninformed media actually fans the flames of unrest and exploits the situation.

In early 2013 same-sex marriage was legal in only 10 states and the District of Columbia. That year the Supreme Court's decision in United States v. Windsor appeared to open the door to marriage equality. In Texas, Mark Phariss and Vic Holmes, together for 16 years and deeply in love, wondered why no one had stepped across the threshold to challenge their state's 2005 constitutional amendment prohibiting same-sex marriage. They agreed to join a lawsuit being put together by Akin Gump Strauss Hauer and Feld LLD.

Caliph Washington's life was never supposed to matter. As a Black teenager from the vice-ridden city of Bessemer, Alabama, Washington was wrongfully convicted of killing an Alabama policeman in 1957. Sentenced to death, he came within minutes of the electric chair - nearly a dozen times. A Kafka-esque legal odyssey in which Washington's original conviction was overturned three times before he was finally released in 1972, his story is the kind that pervades the history of American justice.

The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.

For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

Citizens across the country are fed up with the politicians in Washington telling us how to live our lives and then sticking us with the bill. But what can we do? Actually, we can just say no. As New York Times best-selling author Thomas E. Woods, Jr., explains, "nullification" allows states to reject unconstitutional federal laws.

When Wendy Murphy was a young prosecutor, she learned that the deck is stacked in favor of criminal defendants. Between their arrest and (potential) conviction, murderers, rapists, and drug dealers get more than a fair shake: they get an unfair advantage, often at the expense of their victims.

America has made mental illness a crime. Jails in New York, Los Angeles, and Chicago each house more people with mental illnesses than any hospital. In this revelatory book, journalist Alisa Roth goes deep inside the criminal justice system to tell how and why it has become a warehouse where inmates are denied proper treatment, abused, and punished in ways that make them sicker. Through intimate stories of people in the system and those trying to fix it, Roth reveals the hidden forces behind this crisis and suggests how a fairer and more humane approach might look.

The conduct of warfare is constantly shaped by new forces that create complexities in the battlespace for military operations. As the nature of how and where wars are fought changes, new challenges to the application of the extant body of international law that regulates armed conflicts arise. This inaugural volume of the Lieber Studies series seeks to address several issues in the confluence of law and armed conflict, with the primary goal of providing the listener with both academic and practitioner perspectives.

Health disparities have remained stubbornly entrenched in the American health care system - and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.

From the very beginning, American history can be seen as a battle to reconcile the large gap between America's stated ideals and the reality of its republic. Its struggle is not one of steady progress toward greater freedom and equality, but rather for every step forward there is a step taken in a different direction. In Inventing Equality, Michael Bellesiles traces the evolution of the battle for true equality - the stories of those fighting forward, to expand the working definition of what it means to be an American citizen - from the Revolution through the late 19th century.

Though often taken for granted, the modern American public defender is a recent invention with a surprisingly contentious history - one that offers insights not only about the "carceral state" but also about the contours and compromises of 20th-century liberalism.