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Constitutional Law


Justice Imperiled: The Anti-Nazi Lawyer Max Hirschberg in Weimar Germany (Social History, Popular Culture, And Politics In Germany)

Justice Imperiled: The Anti-Nazi Lawyer Max Hirschberg in Weimar Germany (Social History, Popular Culture, And Politics In Germany) Lowest new price: $19.00
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Author: Douglas G. Morris

"This book reads like a legal thriller; it will leave you thinking about the nature of justice and inspired by the human spirit."
-Sister Helen Prejean

Justice Imperiled is the story of the brilliant lawyer Max Hirschberg, one of Germany's most courageous defenders of justice in the face of Hitler's rise to power.

Hirschberg lived an extraordinary life at a defining moment in German and European history. By the time he fled Nazi Germany in 1934, he had argued a series of cases in Munich's courtrooms that shed light on the history of political justice in pre-Nazi Germany and, by extension, the miscarriage of justice in all Western democracies.

Hirschberg was a rare figure: he fought for cases that reflected the new democracy rather than the old monarchy, that valued equality rather than hierarchy, and that showed respect for workers as well as aristocrats.

Throughout the Weimar period Hirschberg squared off in court against Munich's conservatives, reactionaries, and Nazis-twice facing Hitler himself. As he litigated politically charged disputes, he also began fighting to reverse the criminal convictions of innocent defendants and to study what mistaken verdicts teach us about the criminal justice system as a whole.

In a unique blend of biography and courtroom drama, Justice Imperiled captures the excitement of Hirschberg's actual cases and presents legal battles that still rage, in different circumstances, to this day.


Justice Across Borders: The Struggle for Human Rights in U.S. Courts

Justice Across Borders: The Struggle for Human Rights in U.S. Courts Lowest new price: $26.74
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Author: Jeffrey Davis
Brand: Brand: Cambridge University Press

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

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The Conspiracy of the Good: Civil Rights and the Struggle for Community in Two American Cities, 1875-2000 (History of Schools and Schooling)

The Conspiracy of the Good: Civil Rights and the Struggle for Community in Two American Cities, 1875-2000 (History of Schools and Schooling) Lowest new price: $42.69
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Author: Michael James E.
Brand: Brand: Peter Lang International Academic Publishers

The Conspiracy of the Good addresses nagging questions that are part of the public debate over schooling. Why do our public schools, especially those in poor and working-class communities of color, fail to live up to the promises of the American dream? Why do reforms, those standard items in political campaigns, fail to create meaningful change? This book argues that «progressive», well-meaning, good-hearted men and women, who often advocate «good intentions» in the name of «helping those in need», have ended up doing more harm than good. The Conspiracy of the Good explores how these «good intentions» go awry. Michael E. James argues that the core value of the American experience is conflict – not consensus – despite what mainstream historians have espoused over the last few decades.

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Let's Get Free: A Hip-Hop Theory of Justice

Let's Get Free: A Hip-Hop Theory of Justice Lowest new price: $11.31
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Author: Paul Butler
Brand: Brand: New Press, The

Paul Butler was an ambitious federal prosecutor, a Harvard Law grad who gave up his corporate law salary to fight the good fight—until one day he was arrested on the street and charged with a crime he didn’t commit. The Volokh Conspiracy calls Butler’s account of his trial “the most riveting first chapter I have ever read.”

In a book Harvard Law professor Charles Ogletree calls “a must read,” Butler looks at places where ordinary citizens meet the justice system—as jurors, witnesses, and in encounters with the police—and explores what “doing the right thing” means in a corrupt system.

Since Let’s Get Free’s publication in spring 2009, Butler has become the go-to person for commentary on criminal justice and race relations: he appeared on ABC News, Good Morning America, and Fox News, published op-eds in the New York Times and other national papers, and is in demand to speak across the country. The paperback edition brings Butler’s groundbreaking and highly controversial arguments—jury nullification (voting “not guilty” in drug cases as a form of protest), just saying “no” when the police request your permission to search, and refusing to work inside the system as a snitch or a prosecutor—to a whole new audience.


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The Dialectics of Legal Repression: Black Rebels Before the American Criminal Courts (Publications of Russell Sage Foundation)

The Dialectics of Legal Repression: Black Rebels Before the American Criminal Courts (Publications of Russell Sage Foundation) Lowest new price: $67.76
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Author: Isaac D. Balbus
Brand: Brand: Russell Sage Foundation

Less than 2 percent of some 4000 adults prosecuted for participating in the bloodiest ghetto revolt of this generation served any time in jail as a result of their conviction and sentencing. Why? Why, in contrast, did the majority of those arrested following a brief and minor confrontation with police in a different city receive far harsher treatment than ordinarily meted out for comparable offenses in "normal" times? What do these incidents tell us about the nature of legal repression in the American state?

No coherent theory of political repression in the liberal state exists today. Neither the liberal view of repression as "anomaly" nor the radical view of repression as "fascist core" appears to come to grips with the distinctive characteristics of legal repression in the liberal state.

This book attempts to arrive at a more adequate understanding of these "distinctive characteristics" by means of a detailed analysis of the legal response to the most serious violent challenge to the existing political order since the Great Depression—the black ghetto revolts between 1964 and 1968.

Using police and court records, and extensive interviews with judges, defense attorneys, prosecutors, and detention officials, Professor Balbus provides a complete reconstruction of the response of the criminal courts of Los Angeles, Detroit, and Chicago to the "civil disorders" that occurred in these cities. What emerges is a disturbing picture of the relationship between court systems and participants and the local political environments in which they operate.

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International Human Rights in Context: Law, Politics, Morals: Text and Materials

International Human Rights in Context: Law, Politics, Morals: Text and Materials Lowest new price: $65.41
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Author: Henry J. Steiner
Brand: Brand: Oxford University Press, USA

International Human Rights in Context presents diverse materials consisting of extensive authors' text and questions; sharply edited primary materials ranging from intergovernmental or NGO reports to treaties, resolutions and decisions; and excerpts from secondary readings in law and legal theory, as well as other pertinent fields such as international relations, moral and political theory, and anthropology. The book introduces students to those organizing concepts and topics of public international law that are vital to understanding human rights issues. It stresses throughout the relationships among human rights norms, processes and institutions, as well as relationships between international and internal orders. The topics include civil and political rights, economic and social rights, intergovernmental and non-governmental institutions, universal and regional regimes, human rights and foreign policy, democratization, women's rights, self determination and autonomy regimes, individual criminal responsibility, and development. The book's broad themes include universalism and cultural relativism, rights or duties as organizing conceptions, the relevance of the private-public distinction, and transformed conceptions of statehood and sovereignty.

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Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive

Sexual Orientation Discrimination in the European Union: National Laws and the Employment Equality Directive Lowest new price: $60.00
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Author: Kees Waaldijk
Brand: K Waaldijk Matteo Bonini Baraldi

Chapter 1 1 Introduction Among the recent positive developments in European Union law with regard to the legal situation of lesbian, gay and bisexual persons, the clear prohibition of discrimination in employment and occupation contained in the Employment Equality Directive is the most important. Certainly, since 1999 article 13 of the EC Treaty, which forms the legal basis for this Directive, already mentions sexual orientation among the protected grounds, but this Treaty provision only enables the Council of the EC to adopt appropriate action against discrimination. This is precisely what happened on 27 November 2000, when the Council adopted Directive 2000/78/EC establishing a general framework for equal treatment in em- 2 ployment and occupation (hereafter the Directive). Prior to its enactment, eight of the then fifteen Member States, two of the current new Member States (the Czech Republic and Slovenia), and one of the current acceding countries (- mania) had legislation in place prohibiting sexual orientation discrimination in employment. However, these laws followed a variety of approaches, which were not always consistent with the Directive’s requirements. All Member States were required to make some changes to their legislative framework in order to imp- ment the provisions of the Directive with respect to discrimination based on sexual orientation (and with respect to discrimination based on any of the three other grounds covered by the Directive: religion or belief, disability, age).

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Slavery's Constitution: From Revolution to Ratification

Slavery's Constitution: From Revolution to Ratification Lowest new price: $37.01
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Author: David Waldstreicher
Brand: Brand: Hill and Wang

Taking on decades of received wisdom, David Waldstreicher has written the first book to recognize slavery’s place at the heart of the U.S. Constitution. Famously, the Constitution never mentions slavery. And yet, of its eighty-four clauses, six were directly concerned with slaves and the interests of their owners. Five other clauses had implications for slavery that were considered and debated by the delegates to the 1787 Constitutional Convention and the citizens of the states during ratification. This “peculiar institution” was not a moral blind spot for America’s otherwise enlightened framers, nor was it the expression of a mere economic interest. Slavery was as important to the making of the Constitution as the Constitution was to the survival of slavery.
 
By tracing slavery from before the revolution, through the Constitution’s framing, and into the public debate that followed, Waldstreicher rigorously shows that slavery was not only actively discussed behind the closed and locked doors of the Constitutional Convention, but that it was also deftly woven into the Constitution itself. For one thing, slavery was central to the American economy, and since the document set the stage for a national economy, the Constitution could not avoid having implications for slavery. Even more, since the government defined sovereignty over individuals, as well as property in them, discussion of sovereignty led directly to debate over slavery’s place in the new republic.
 
Finding meaning in silences that have long been ignored, Slavery’s Constitution is a vital and sorely needed contribution to the conversation about the origins, impact, and meaning of our nation’s founding document.

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Be Careful Who You SLAPP

Be Careful Who You SLAPP Lowest new price: $14.00
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Author: Michelangelo Delfino
Brand: Brand: Mobeta Pub

The First Amendment of the Constitution of the United States of America guarantees its citizens freedom of speech.

This book is an extraordinary, true-life account of two law-abiding gadflies who unwittingly became embroiled in the Mother of All SLAPP’s and refused to be silenced by corporate corruption and judicial malfeasance. Facing financial ruin, death threats and incarceration, these stalwart Americans used the power of the Internet and the words of the World Wide Web to take on the Varian SLAPP terrorists.

The threat is real, the story is true

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Stolen Lives - Killed by Law Enforcement (2nd edition)

Stolen Lives - Killed by Law Enforcement (2nd edition) Lowest new price: $76.44
Lowest used price: $7.97
List price: $15.00
Author: National Lawyers Guild
Brand: Brand: October Twenty-Second Coalition to

Stolen Lives documents over 2000 cases of people killed by law enforcement agents throughout the U.S. since 1990. Information includes the victims' names, ages, race/nationality, date killed, location, and a description of the circumstances surrounding their deaths. Some photos of victims are also included. The book includes cases from 47 states and Washington, D.C.

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