John Breyer's Books

Infringement Nation

By: John Tehranian

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Written on the occasion of copyright's 300th anniversary, John Tehranian's Infringement Nation presents an engaging and accessible analysis of the history and evolution of copyright law and its profound impact on the lives of ordinary individuals in the twenty-first century. Organized around the trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our most basic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control. Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's "Smells Like Teen Spirit," the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retroussé nose, the poisonous tomato, flag burning, music as a form of torture, the smell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrine and the development of a copyright 2.0.

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320

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ISBN 10

0199733171

ISBN 13

9780199733170

Ted Kennedy

A Life

By: John A. Farrell

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Ted Kennedy

A Life

By: John A. Farrell

LONGLISTED FOR THE 2022 NATIONAL BOOK AWARD FOR NONFICTION An enthralling and ground-breaking new biography of one of modern America’s most fascinating and consequential political figures, drawing on important new sources, by an award-winning biographer who covered Kennedy closely for many years John A. Farrell’s magnificent biography of Edward M. Kennedy is the first single-volume life of the great figure since his death. Farrell’s long acquaintance with the Kennedy universe and the acclaim accorded his previous books—including his New York Times bestselling biography of Richard Nixon, a finalist for the Pulitzer Prize—helped garner him access to a remarkable range of new sources, including segments of Kennedy’s personal diary and his private confessions to members of his family in the days that followed the accident on Chappaquiddick. Farrell is, without question, one of America’s greatest political biographers and a storyteller of deep wisdom and empathy. His book does full justice to this famously epic and turbulent life of almost unimaginable tragedy and triumph. As the fourth son of the close-knit but fiercely competitive Kennedy clan, Ted was the runt of the litter. Expelled from Harvard University for cheating, he was a fun-loving playboy who nevertheless served his brothers loyally and effectively. It was easy to take Ted lightly, and many did. But when he was elected to the United States Senate at the age of thirty to fill his brother Jack’s seat, something unexpected happened: he found his home and his calling there. Over time, Ted Kennedy would build arguably the most significant senatorial career in American history. His life was buffeted by heartbreak: the violent deaths of his three older brothers, his own terrible plane crash, his children’s bouts with cancer, and the hideous self-inflicted wounds of Chappaquiddick and stretches of drinking and womanizing that caused irreparable damage to an already fragile first marriage. Those wounds scarred Ted deeply but also tempered his character, and, eventually, he embarked on a run as legislator, party elder, and paterfamilias of the Kennedy family that would change America for the better. John A. Farrell brings us the man as he was, in strength and weakness, his profound but complicated inheritance and his vital legacy, as only a great biographer can do. Without the story this book tells, no understanding of modern America can be complete.

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785

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Penguin

Published Date

ISBN 10

052555808X

ISBN 13

9780525558088

Foreigners on America's Death Rows

By: John Quigley

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Foreigners on America's Death Rows

By: John Quigley

Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened.

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303

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Cambridge University Press

Published Date

ISBN 10

110864225X

ISBN 13

9781108642255

American Government

Conflict, Compromise, And Citizenship

By: Christopher J Bosso

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American Government

Conflict, Compromise, And Citizenship

By: Christopher J Bosso

Woven through this text is the unifying theme that American politics represents “conflict and compromise,” in direct opposition to the increasingly commonly held view that all politics is dirty and all politicians are crooks. By presenting a balance of essential factual content with a broad assessment of system dynamics and their policy effects, the authors provide an accessible yet sophisticated overview of American politics. Features: Coherent theme of “conflict versus compromise” in the American political system Consistent examination of American history for institutional development Emphasis on the positive role of citizenship in shaping good government Each chapter is accompanied by primary source readings Concise 12 chapter format

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663

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Routledge

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ISBN 10

0429981996

ISBN 13

9780429981999

The Politically Incorrect Guide to the Supreme Court

By: John Yoo,Robert J. Delahunty

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The Politically Incorrect Guide to the Supreme Court

By: John Yoo,Robert J. Delahunty

Justice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scottto Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.

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229

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Simon and Schuster

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ISBN 10

1684514320

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9781684514328

The Death Penalty's Denial of Fundamental Human Rights

International Law, State Practice, and the Emerging Abolitionist Norm

By: John Bessler

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The Death Penalty's Denial of Fundamental Human Rights

International Law, State Practice, and the Emerging Abolitionist Norm

By: John Bessler

The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.

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387

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Cambridge University Press

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ISBN 10

110898858X

ISBN 13

9781108988582

Sovereignty or Submission

Will Americans Rule Themselves or be Ruled by Others?

By: John Fonte

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Sovereignty or Submission

Will Americans Rule Themselves or be Ruled by Others?

By: John Fonte

The Twenty-First Century is witnessing an epic struggle between the forces of global governance and American constitutional democracy. Transnational progressives and pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.” Sovereignty or Submission? examines this process with crystalline clarity and alerts the American public to the danger ahead. Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict of global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.

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476

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Encounter Books

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ISBN 10

1594035466

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9781594035463

Apocalypse Observed

Religious Movements and Violence in North America, Europe and Japan

By: John R. Hall,Philip D. Schuyler,Sylvaine Trinh

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Apocalypse Observed

Religious Movements and Violence in North America, Europe and Japan

By: John R. Hall,Philip D. Schuyler,Sylvaine Trinh

Apocalypse Observed is about religious violence. By analyzing five of the most notorious cults of recent years, the authors present a fascinating and revealing account of religious sects and conflict. Cults covered include: * the apocalypse at Jonestown * the Branch Davidians at Waco * the violent path of Aum Shinrikyo * the mystical apocalypse of the Solar Temple * the mass suicide of Heaven's Gate. Through comparative case studies and in-depth analysis, the authors show how religious violence can erupt not simply from the beliefs of the cult followers or the personalities of their leaders, but also from the way in which society responds to the cults in its midst.

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242

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Routledge

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ISBN 10

1134651244

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9781134651245

Dying Right

The Death with Dignity Movement

By: Daniel Hillyard,John Dombrink

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Dying Right

The Death with Dignity Movement

By: Daniel Hillyard,John Dombrink

Dying Right provides an overview of the Death With Dignity movement, a history of how and why Oregon legalized physician-assisted suicide, and an analysis of the future of physician-assisted suicide. Engaging the question of how to balance a patient's sense about the right way to die, a physician's role as a healer, and the state's interest in preventing killing, Dying Right captures the ethical, legal, moral, and medical complexities involved in this ongoing debate.

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321

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Routledge

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ISBN 10

113595769X

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9781135957698

Health Policy and Analysis

Framework and Tools for Success

By: John W. Seavey, MPH, PhD,Robert J. McGrath, PhD

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Health Policy and Analysis

Framework and Tools for Success

By: John W. Seavey, MPH, PhD,Robert J. McGrath, PhD

Significantly revised and updated from the first edition, Health Policy and Analysis: Framework and Tools for Success, Second Edition retains the systematic practicality of the original text while providing enhanced background, real-world applications, and analysis that will help students develop nuanced and comprehensive health policy analysis papers or projects. The book guides students through a step-by-step framework for formulating and analyzing health policy options, blending theory and political considerations to reflect policymaking and the health policy analysis process in practice at the local, state, and federal levels. New chapters provide relevant and concise background information on the American political structure, process, and political culture. Discussion Questions, Key Terms, and Breakout Boxes featuring in-depth recent and historical real-world examples help students transfer their knowledge effectively into practice. Health Policy and Analysis is an essential resource for graduate and undergraduate students of public health, health administration, nursing, medicine, data science, environmental health, and other related interdisciplinary professions in developing a systematic and comprehensive approach to understanding and addressing the complex health policy issues facing us today. Key Features: Provides foundational background material for students regarding the American political system, with key characteristics of the formal and informal environment for policy making. Integrates a recap of methodological considerations that need to be considered when formulating or analyzing health policy. Delivers an evidence-based step-by-step framework for developing a health policy proposal. Offers alternative specific formats and advice in framing issues, working with stakeholders, considering policy options and drafting policy proposals. Aligns with principles of Health Impact Assessment (HIA). Includes a detailed Instructor’s Manual, PPTs, and other tools for the classroom

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333

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Springer Publishing Company

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ISBN 10

0826185436

ISBN 13

9780826185433

The Survivor

Bill Clinton in the White House

By: John F. Harris

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The Survivor

Bill Clinton in the White House

By: John F. Harris

NEW YORK TIMES BESTSELLER The definitive account of one of the most accomplished, controversial, and polarizing figures in American history Bill Clinton is the most arresting leader of his generation. He transformed American politics, and his eight years as president spawned arguments that continue to resonate. For all that has been written about this singular personality–including Clinton’s own massive autobiography–there has been no comprehensive, nonpartisan overview of the Clinton presidency. Few writers are as qualified and equipped to tackle this vast subject as the award-winning veteran Washington Post correspondent John F. Harris, who covered Clinton for six of his eight years in office–as long as any reporter for a major newspaper. In The Survivor, Harris frames the historical debate about President William Jefferson Clinton, by revealing the inner workings of the Clinton White House and providing the first objective analysis of Clinton’s leadership and its consequences. Harris shows Clinton entering the Oval Office in 1993 primed to make history. But with the Cold War recently concluded and the country coming off a nearly uninterrupted generation of Republican presidents, the new president’s entry into this maelstrom of events was tumultuous. His troubles were exacerbated by the habits, personal contacts, and the management style, he had developed in his years as governor of Arkansas. Clinton’s enthusiasm and temper were legendary, and he and Hillary Rodham Clinton–whose ambitions and ordeals also fill these pages–arrived filled with mistrust about many of the characters who greeted them in the “permanent Washington” that often holds the reins in the nation’s capital. Showing surprising doggedness and a deep-set desire to govern from the middle, Clinton repeatedly rose to the challenges; eventually winning over (or running over) political adversaries on both sides of the aisle–sometimes facing as much skepticism from fellow Democrats as from his Republican foes. But as Harris shows in his accounts of political debacles such as the attempted overhaul of health care, Clinton’s frustrations in the war against terrorism, and the numerous personal controversies that time and again threatened to consume his presidency, Bill Clinton could never manage to outrun his tendency to favor conciliation over clarity, or his own destructive appetites. The Survivor is the best kind of history, a book filled with major revelations–the tense dynamic of the Clinton inner circle and Clinton’s professional symbiosis with Al Gore to the imprint of Clinton’s immense personality on domestic and foreign affairs–as well as the minor details that leaven all great political narratives. This long-awaited synthesis of the dominant themes, events, and personalities of the Clinton years will stand as the authoritative and lasting work on the Clinton Presidency.

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535

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Random House

Published Date

ISBN 10

1588362132

ISBN 13

9781588362131

Essential Supreme Court Decisions

Summaries of Leading Cases in U.S. Constitutional Law

By: John R. Vile

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Essential Supreme Court Decisions

Summaries of Leading Cases in U.S. Constitutional Law

By: John R. Vile

The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 18th edition has been updated with 20 new cases, including landmark decisions on such topics as executive powers, federalism, religious freedom, free speech, LGBTQ rights, and voting rights, among others. Updated through the end of the 2021 Supreme Court session, this book remains and indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation’s laws and Constitution.

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663

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Rowman & Littlefield

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ISBN 10

1538164779

ISBN 13

9781538164778

Civil Rights & Liberties in the 21st Century

By: John C Domino

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Civil Rights & Liberties in the 21st Century

By: John C Domino

This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's text serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions.

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473

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Routledge

Published Date

ISBN 10

1351223607

ISBN 13

9781351223607

Affirmative Action

By: John W. Johnson,Robert P. Green Jr.

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Affirmative Action

By: John W. Johnson,Robert P. Green Jr.

Affirmative Action recounts the fascinating history of a civil rights provision considered vital to protecting and promoting equality, but still bitterly contested in the courts—and in the court of public opinion. "Special consideration" or "reverse discrimination"? This examination traces the genesis and development of affirmative action and the continuing controversy that constitutes the story of racial and gender preferences. It pays attention to the individuals, the events, and the ideas that spawned federal and selected state affirmative action policies—and the resistance to those policies. Perhaps most important, it probes the key legal challenges to affirmative action in the nation's courts. The controversy over affirmative action in America has been marked by a persistent tension between its advocates, who emphasize the necessity of overcoming historical patterns of racial and gender injustice, and its critics, who insist on the integrity of color and gender blindness. In the wake of related U.S. Supreme Court decisions of 2007, Affirmative Action brings the story of one of the most embattled public policy issues of the last half century up to date, demonstrating that social justice cannot simply be legislated into existence, nor can voices on either side of the debate be ignored.

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216

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Bloomsbury Publishing USA

Published Date

ISBN 10

0313081328

ISBN 13

9780313081323

A Song of Shadows

A Charlie Parker Thriller

By: John Connolly

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A Song of Shadows

A Charlie Parker Thriller

By: John Connolly

In the small Maine town of Boreas, private investigator Charlie Parker is recovering from life-threatening wounds after facing an adversary of incomparable evil. But the longer he stays in Boreas, the more he realizes tha this recuperation will by anything but restful. The town holds dark secrets, and old atrocities hidden since the Second World War are about to come to light. As he befriends single mother Ruth Winter and her young daughter, Amanda, he learns how far the residents of Boreas will go to hide their sins. And now Parker is about to risk his life for a woman he barely knows, one who fears him almost as much as she fears those who are coming for her. His enemies believe him to be vulnerable. Fearful. Solitary. But they are wrong. Parker is far from afraid, and far from alone. For something is emerging from the shadows."--Back cover.

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464

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Simon and Schuster

Published Date

ISBN 10

1501118307

ISBN 13

9781501118302

American Constitutional Law

Essays, Cases, and Comparative Notes

By: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

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American Constitutional Law

Essays, Cases, and Comparative Notes

By: Donald P. Kommers,John E. Finn,Gary J. Jacobsohn

iAmerican Constitutional Law Essays, Cases, and Comparative Notes is a unique casebook that encourages students and citizens of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. The book has two prominent features that distinguish it from other books in the field an emphasis on the social, political and moral theory that provides meaning to constitutional law and interpretation; and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political context. For students in the liberal arts, as well as law students seeking a richer encounter with the multifaceted nature of the American constitutional experience, this book addresses all of their concerns.The new edition offers Updated and expanded treatment of key cases on gerrymandering and campaign finance Expanded discussion of the Court's work federalism and the commerce clause Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence Full coverage of new developments and cases concerning affirmative action and school desegregation

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1174

Publisher

Rowman & Littlefield Publishers

Published Date

ISBN 10

0742563669

ISBN 13

9780742563667

Impressionism

Historical Overview and Bibliography

By: John I. Clancy

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Impressionism

Historical Overview and Bibliography

By: John I. Clancy

Defining an artistic era or movement is often a difficult task, as one tries to group individualistic expressions and artwork under one broad brush. Such is the case with impressionism, which culls together the art of a multitude of painters in the mid-19th century, including Monet, Cézanne, Renoir, Degas, and van Gogh. Basically, impressionism involved the shedding of traditional painting methods. The subjects of art were taken from everyday life, as opposed to the pages of mythology and history. In addition, each artist painted to express feelings of the moment instead of hewing to time-honoured standards. This description of impressionism, obviously, is quite broad and can apply to a wide array of styles. Nonetheless, it remains a very important school in the annals of art. Any current or budding art aficionado should become familiar with the impressionist movement and its impact on the art world. This book presents a sweeping study of this artistic period, from its origins to its manifestations in the works of some of art history's most revered painters. Following this overview is a substantial and selective bibliography, featuring access through author, title, and subject indexes.

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242

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Nova Publishers

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ISBN 10

1590335457

ISBN 13

9781590335451

Blindfold Chess

History, Psychology, Techniques, Champions, World Records, and Important Games

By: Eliot Hearst,John Knott

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Blindfold Chess

History, Psychology, Techniques, Champions, World Records, and Important Games

By: Eliot Hearst,John Knott

For centuries, blindfold chess--the art of playing without sight of the board or pieces--has produced some of the greatest feats of human memory, progressing to the extent that the world record in 2009 was 45 [and is now 46] simultaneous blindfold games. This work describes the personalities and achievements of some of blindfold chess's greatest players--including Philidor, Morphy, Blackburne, Zukertort, Pillsbury, Reti, Alekhine, Koltanowski, Najdorf and Fine, as well as present-day grandmasters such as Anand and Kramnik. Including some never before published, 444 games scores are presented, peppered with diagrams and annotations. Hints for playing blindfold, and its practical value, are also included.

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445

Publisher

McFarland

Published Date

ISBN 10

0786452927

ISBN 13

9780786452927

Low-Cost Carriers in Emerging Countries

By: John Bowen

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Low-Cost Carriers in Emerging Countries

By: John Bowen

Low-Cost Airline Carriers in Emerging Countries traces the development of low-cost carriers (LCCs) in Asia, Latin America, the Middle East and Africa, examining airlines that have become significant players in their home markets but little known at a global scale. The book maps the geography of the LCC phenomenon, explaining the starkly varying success of budget airlines, and assessing their current social, economic and environmental impacts. The book concludes with insights into the future potential of the LCC phenomenon along with its global ramifications. Beginning with Southwest Airlines in the 1970s, low-cost carriers (LCCs) have democratized air travel around the world, fostering huge increases in airline traffic and transforming the airline industry. At the same time however, the ascent of these budget airlines has exacerbated aviation-related problems such as aircraft noise, airport congestion, greenhouse gas emissions and more. LCCs have been extensively studied in the US and Europe but not in emerging regions of the globe. Yet the impact of such airlines is greatest in low- and middle-income economies where only a small fraction of the population has ever flown, and where competition from alternative modes (road, rail) is weak.

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280

Publisher

Elsevier

Published Date

ISBN 10

0128113936

ISBN 13

9780128113936

Forgotten Chicago

By: John Paulett,Ron Gordon

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Forgotten Chicago

By: John Paulett,Ron Gordon

A pictorial tour of many of Chicago's famed architectural wonders includes the old Northwestern Train station, the Coliseum, the Chicago Stadium, old Comiskey Park, Soldier Field, and some of Chicago's most famous diners.

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132

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Arcadia Publishing

Published Date

ISBN 10

0738532797

ISBN 13

9780738532790

The Selling of Supreme Court Nominees

By: John Anthony Maltese

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The Selling of Supreme Court Nominees

By: John Anthony Maltese

In The Selling of Supreme Court Nominees, Maltese traces the evolution of the contentious and controversial confirmation process awaiting today's nominees to the nation's highest court. His story begins in the second half of the nineteenth century, when social and technological changes led to the rise of organized interest groups. Despite occasional victories, Maltese explains, structural factors limited the influence of such groups well into this century. Until 1913, senators were not popularly elected but chosen by state legislatures, undermining the potent threat of electoral retaliation that interest groups now enjoy. And until Senate rules changed in 1929, consideration of Supreme Court nominees took place in almost absolute secrecy. Floor debates and the final Senate vote usually took place in executive session. Even if interest groups could retaliate against senators, they often did not know whom to retaliate against.

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216

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JHU Press

Published Date

ISBN 10

0801858836

ISBN 13

9780801858833

Gorsuch

The Judge Who Speaks for Himself

By: John Greenya

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Gorsuch

The Judge Who Speaks for Himself

By: John Greenya

The first comprehensive biography of Neil Gorsuch, President Donald Trump’s Supreme Court nominee and the youngest Supreme Court justice at the time of confirmation in twenty-five years. Born in Denver in 1967, Gorsuch was—and still remains—somewhat of a mystery to Democrats and Republicans alike, despite his ten years as a federal judge. During his confirmation, a senator said to Gorsuch, “We want to know what is in your heart.” Now, acclaimed author John Greenya seeks to answer that question with this fascinating book. In Gorsuch, Greenya interviews those who knew Neil Gorsuch well in all periods of his life, both his opponents and his friends—at home and school, from his early work as a lawyer and his year as a Justice Department official, plus lawyers and others who interacted with him in his many years on the Federal bench. Enlightening, probing, and endlessly fascinating, Gorsuch provides a window to this conservative replacement to Justice Antonin Scalia and affords us a unique perspective on his anticipated legal opinions.

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272

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Simon and Schuster

Published Date

ISBN 10

150118038X

ISBN 13

9781501180385

Punitive Damages

How Juries Decide

By: Cass R. Sunstein,Reid Hastie,John W. Payne,David A. Schkade,W. Kip Viscusi

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Punitive Damages

How Juries Decide

By: Cass R. Sunstein,Reid Hastie,John W. Payne,David A. Schkade,W. Kip Viscusi

Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.

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299

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University of Chicago Press

Published Date

ISBN 10

0226780163

ISBN 13

9780226780160

The Fallacy of Campaign Finance Reform

By: John Samples

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The Fallacy of Campaign Finance Reform

By: John Samples

At first glance, campaign finance reform looks like a good idea. McCain-Feingold, for instance, regulates campaigns by prohibiting national political parties from accepting soft money contributions from corporations, labor unions, and wealthy individuals. But are such measures, or any of the numerous and similarly restrictive proposals that have circulated through Washington in recent years, really good for our democracy? John Samples says no, and here he takes a penetrating look into the premises and consequences of the long crusade against big money in politics. How many Americans, he asks, know that there is little to no evidence that campaign contributions really influence members of Congress? Or that so-called negative political advertising actually improves the democratic process by increasing voter turnout and knowledge? Or that limits on campaign contributions make it harder to run for office, thereby protecting incumbent representatives from losing their seats of power? Posing tough questions such as these, Samples uncovers numerous fallacies beneath proposals for campaign finance reform. He argues that our most common concerns about money in politics are misplaced because the ideals implicit in our notion of corruption are incoherent or indefensible. The chance to regulate money in politics allows representatives to serve their own interests at a cost to their constituents. And, ironically, this long crusade against the corruption caused by campaign contributions allows public officials to reduce their vulnerability by suppressing electoral competition. Defying long-held ssumptions and conventional political wisdom, The Fallacy of Campaign Finance Reform is a provocative and decidedly nonpartisan work that will be essential for anyone concerned about the future of American government.

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391

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University of Chicago Press

Published Date

ISBN 10

0226734633

ISBN 13

9780226734637

Environmental Taxation Law

Policy, Contexts and Practice

By: John Snape,Jeremy de Souza

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Environmental Taxation Law

Policy, Contexts and Practice

By: John Snape,Jeremy de Souza

The theoretical arguments for environmental taxes and other types of economic instruments for environmental protection have been discussed extensively in the literature. Rather less well discussed has been the extremely complex form that such instruments have in fact taken in practice. Environmental Taxation Law: Policy, Contexts and Practice examines the legal implications of introducing environmental taxes and other economic instruments into the regulatory framework of UK law. In doing so, it analyzes and explains the difficulties of grafting environmental taxes onto the complexities of existing regulatory structures, not all of which, of course, were originally devised with environmental considerations in mind. Although the focus of the book is the UK's pioneering implementation of a web of distinct yet interrelated policy measures, it locates the UK's taxes and instruments not simply in their broader context of market and environmental regulation, but also in the contexts of European and international law.

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655

Publisher

Routledge

Published Date

ISBN 10

1317142152

ISBN 13

9781317142157

Prisoners' Self-Help Litigation Manual

By: John Boston,Daniel E Manville

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Prisoners' Self-Help Litigation Manual

By: John Boston,Daniel E Manville

Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

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949

Publisher

Oxford University Press

Published Date

ISBN 10

019988837X

ISBN 13

9780199888375

The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

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The Encyclopedia of Civil Liberties in America

By: David Schultz,John R. Vile

Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.

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1234

Publisher

Routledge

Published Date

ISBN 10

1317457137

ISBN 13

9781317457138

Cruel & Unusual

The American Death Penalty and the Founders' Eighth Amendment

By: John D. Bessler

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Cruel & Unusual

The American Death Penalty and the Founders' Eighth Amendment

By: John D. Bessler

This indispensable history of the Eighth Amendment and the founders' views of capital punishment is also a passionate call for the abolition of the death penalty based on the notion of cruel and unusual punishment

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474

Publisher

UPNE

Published Date

ISBN 10

1555537170

ISBN 13

9781555537173

Book's by John Breyer

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