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The Death of Common Sense: How Law is Suffocating America
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Philip K Howard
In this attack on legal regulations and bureaucratic red tape, a corporate lawyer shows how rules interfere with common sense and have taken away citizens' power to make decisions.
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Life Without Lawyers: Liberating Americans from Too Much Law
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Philip K Howard
Americans are losing the freedom to make sense of daily choicesa??teachers cana??t maintain order in the classroom, managers are trained to avoid candour, schools ban the game of tag and companies plaster inane warnings on everything: a??Remove Baby Before Folding Strollera??. Philip K. Howarda??s urgent and elegant argument is full of examples, ...
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Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)
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Sanford Levinson
Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme ...
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Guilty: The Collapse of Criminal Justice
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by
Harold J Rothwax
Longtime New York State Supreme Court Justice Harold J. Rothwax now puts our criminal justice system on trial. His verdict: Guilty. In his view, we are fast becoming a nation of bad laws, in which criminals and defense attorneys hide behind a morass of poorly conceived statues, procedures, and technicalities that keeps them from resolving the ...
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The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom
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by
Philip K Howard
In pursuit of fairness at any cost, we have created a society paralyzed by legal fear: Doctors are paranoid and principals powerless. Little league coaches, scared of liability, stop volunteering. Schools and hospitals start to crumble. The common good fades, replaced by a cacophony of people claiming their "individual rights." By turns funny and ...
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The Tyranny of Good Intentions: How Prosecutors and Bureaucrats Are Trampling the Constitution in the Name of Justice
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by
Paul Craig Roberts, Lawrence M Stratton
In this sobering wake-up call, the authors claim that the wars we've waged against perceived social ills carry with them a hidden cost of harrowing proportions: the loss of personal liberties as old as the Magna Carta.
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The Constitution in 2020
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by
Jack M Balkin (Editor), Professor Reva B Siegel (Editor)
The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of ...
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The Second Constitutional Convention: How the American People Can Take Back Their Government
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Richard E Labunski
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Woe Unto You Lawyers
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by
Fred Rodell
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No Contest: Corporate Lawyers and the Pervertion of Justice in America
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by
Ralph Nader, Wesley J Smith
This title is a look behind the scenes of the law business, where the pursuit of corporate profit has eclipsed the pursuit of justice. Nader and Smith use human stories, accurate statistics, and common sense to provide an alternative set of reforms that would open the system, streamline justice, and cut legal costs while guaranteeing all Americans ...
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Feminism and the Power of Law
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by
Professor Carol Smart
Carol Smart presents a new gendered analysis of the power of law and argues for a feminist, post-structuralist approach. She comments on pornography as well as discussing recent research on rape trials and abortion
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Reforming the Russian Legal System
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Gordon B Smith, Mary McAuley (Editor)
Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined ...
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Radical Reform: Islamic Ethics and Liberation
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Tariq Ramadan
Tariq Ramadan has emerged as one of the foremost voices of reformist Islam in the West. In one of his previous books, 'Western Muslims and the Future of Islam'he urged his fellow Muslims to participate fully in the civil life of the Western societies in which they live, and addressed many of the issues that stand in the way of such participation. ...
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Reconstructing Justice: An Agenda for Trial Reform
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by
Franklin Strier
In this study, Franklin Strier proposes reforms for the American trial system. Arguing that lawyers need to share more power with the judge and jury, he recommends ways we can retain and improve our basic adversarial system. The work suggests we eliminate peremptory challenges, give judges the authority to ask questions of witnesses, and limit the ...
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Un-Making Law: The Conservative Campaign to Roll Back the Common Law
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by
Jay M Feinman
How the Right is subverting the legal protections of consumers, workers, injury victims, and the environment There is an undercover war going on in America that impacts everyone's life far more than has been reported. The Conservative movement has been systematically turning back a century's worth of liberal gains and protections found in the ...
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Democracy and Legal Change
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by
Melissa Schwartzberg
Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the ...
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Unwanted Sex: The Culture of Intimidation and the Failure of Law
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by
Prof. Stephen J Schulhofer
Despite three decades of intense scrutiny and repeated attempts at ambitious reform, American laws against rape and sexual harrassment still fail to protect women from sexual over-reaching and abuse. In this work, Stephen Schulhofer shows the need to refocus laws against rape and to create a new system of legal safeguards against interference with ...
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Towards a Just Society
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by
Alastair Hudson
This work analyzes the weaknesses in the established political approaches to reform of the provision of justice, judging them as being either too overtly concerned with inappropriate free market structures, or too wedded to legal procedural rules. It argues that the most efficient solution is an adapted version of legal aid as a kind of welfare ...
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The Lost Art of Drawing the Line: How the Common Good Collapses When No One is in Charge
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by
Philip K Howard
This study considers the litigiousness apparent in America, suggesting that individual rights and self-interest have eroded the judicial system.
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Bird in a Cage: Legal Reform in China After Mao
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by
Stanley B Lubman
An expert on Chinese law evaluates the many changes in post-Mao China. Whereas there has been great change in some spheres--such as economics--there remains a Party-controlled legal structure. Yet author Lubman sees signs that the people are expecting more in the area of human rights, and that they are finding ways around the authoritarian power ...
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Courts and Transition in Russia: The Challenge of Judicial Reform
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by
Peter H Solomon, Jr., Todd Steven Foglesong
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In ...
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China's Long March Toward Rule of Law
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by
Randall P Peerenboom
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides ...
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See You in Court: How the Right Made America a Lawsuit Nation
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by
Thomas Geoghegan
A powerful new argument that right-wing legal policy gives Americans no recourse but to sue one another, by the National Book Critics Circle Award nominee. Since the dawn of the Reagan era, America's traditional legal structures have been gradually undermined, replaced by a kind of legal rage that has led to an explosion in the number of lawsuits ...
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Before and After Hinckley: Evaluating Insanity Defense Reform
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by
Henry J Steadman, Joseph Morrissey (Editor), Margaret A McGreevy (Editor)
Based on grueling research in dusty county courthouses, nine articles explore the current status of insanity pleas. They consider reforms from 1978-90; changes in Georgia, New York, Montana, California; and other topics. Includes the statutes from the four study areas. Annotation copyright Book New
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Toward the "Rule of Law" in Russia?: Political and Legal Reform in the Transition Period
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by
Donald D. Barry (Editor)
The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, ...
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