Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.
A unique historical document -- both a simple narration of the fight for U.S. Senate confirmation of Judge Robert H. Bork and an inside look at the ups and (mostly) downs of the protagonists as the battle unfolded.
Since at least 1971, when he published a seminal article on constitutional interpretation in the Indiana Law Journal, Robert Bork has been the legal and moral conscience of America, reminding us of our founding principles and their cultural foundation. The scourge of liberal ideologues both before and after Ronald Reagan nominated him for the Supreme Court in 1987, Bork has for fifty years unwaveringly exposed—and explained—the hypocrisy and dereliction of duty endemic among our nation's elites, the politicization and adversary activism of our courts, and the consequent degradation of American society. Now, for the first time, Judge Bork has gathered together his most important and prophetic writings in A Time to Speak, including a foreword and commentary by the author. The volume includes more than sixty vintage Bork contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law. It also includes several of his judicial opinions and transcribed oral arguments. A Time to Speak is an indispensable book for all who have harkened to the truths spoken so forthrightly, in season and out, by this great American original.
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
During the past forty years, activists have repeatedly used the court system to accomplish substantive policy results that could not otherwise be obtained through the ordinary political processes of government, both in the United States and abroad. In five insightful essays, the contributors to this volume show how these legal decisions have undermined America's sovereignty and values. They reveal how international law challenges American beliefs and interests and exposes U.S. citizens to legal and economic risks, how the "right to privacy" poses a serious threat to constitutional self-government, how the Supreme Court's religion decisions have done serious damage to our religious freedom, and more.
In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposÉ of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.
In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.
This book examines judicial power as an integral part of our increasingly anxious and intolerant society. Nagel shows how constitutional politics embodies cultural tendencies toward moral evasiveness, privatization, and opportunism, and that judicial decisions often censor important beliefs and traditions. Ranging widely over topics such as Clarence Thomas' confirmation, abortion, flag-burning, and gay rights, the analysis crosses conventional political and philosophical lines to conclude that the real protection for legal values lies in robust politics.
A distinguished jurist offers a critique of the American legal system to expose an assault on the courts by a radical liberal minority that promotes an atmosphere of tolerance that threatens not only the courts but also the media, higher education, and the electoral system.
This book investigates the policies of the Thatcher, Major and Blair governments and their approaches towards concentration of economic and political power. The 1979–2007 British governments have variously been described as liberal or, to use a political insult and a favourite academic label, neoliberal. One of the stated objectives of the Thatcher, Major and Blair governments—albeit with differing focal points—was to disperse power and to empower the individual. This was also a consistent theme of the first generation of neoliberals, who saw monopolies, vested interests and concentration more generally as the ‘great enemy of democracy’. Under Thatcher and Major, Conservatives sought to liberalize the economy and spread ownership through policies like Right to Buy and privatisation. New Labour dispersed political power with its devolution agenda, granted operational independence to the Bank of England and put in place a seemingly robust antitrust framework. All governments during the 1979–2007 period pursued choice in public services. Yet our modern discourse characterises Britain as beset by endemic power concentration, in markets and politics. What went wrong? How did so-called neoliberal governments, which invoked liberty and empowerment, fail to disperse power and allow concentration to continue, recur or arise? The book will be of interest to students and scholars of contemporary British history, political economy and politics, as well as specific areas of study such as Thatcherism and New Labour.
How is it that two broadly similar systems of competition law have reached different results across a number of significant antitrust issues? While the United States and the European Union share a commitment to maintaining competition in the marketplace and employ similar concepts and legal language in making antitrust decisions, differences in social values, political institutions, and legal precedent have inhibited close convergence. With The Atlantic Divide in Antitrust, Daniel J. Gifford and Robert T. Kudrle explore many of the main contested areas of contemporary antitrust, including mergers, price discrimination, predatory pricing, and intellectual property. After identifying how prevailing analyses differ across these areas, they then examine the policy ramifications. Several themes run throughout the book, including differences in the amount of discretion firms have in dealing with purchasers, the weight given to the welfare of various market participants, and whether competition tends to be viewed as an efficiency-generating process or as rivalry. The authors conclude with forecasts and suggestions for how greater compatibility might ultimately be attained.
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
The Christian Right of the 1980s forged its political identity largely in response to what it perceived as liberal 'judicial activism'. Robert Daniel Rubin tells this story as it played out in Mobile, Alabama. There, a community conflict pitted a group of conservative evangelicals, a sympathetic federal judge, and a handful of conservative intellectuals against a religious agnostic opposed to prayer in schools, and a school system accused of promoting a religion called 'secular humanism'. The twists in the Mobile conflict speak to the changes and continuities that marked the relationship of 1980s' religious conservatism to democracy, the courts, and the Constitution. By alternately focusing its gaze on the local conflict and related events in Washington, DC, this book weaves a captivating narrative. Historians, political scientists, and constitutional lawyers will find, in Rubin's study, a challenging new perspective on the history of the Christian Right in the United States.
Robert B. Reich makes a powerful case for the expansion of America’s moral imagination. Rooting his argument in common sense and everyday reality, he demonstrates that a common good constitutes the very essence of any society or nation. Societies, he says, undergo virtuous cycles that reinforce the common good as well as vicious cycles that undermine it, one of which America has been experiencing for the past five decades. This process can and must be reversed. But first we need to weigh the moral obligations of citizenship and carefully consider how we relate to honor, shame, patriotism, truth, and the meaning of leadership. Powerful, urgent, and utterly vital, this is a heartfelt missive from one of our foremost political thinkers.
The US Supreme Court is arguably the most controversial institution in the American political system. Decisions on such 'hot-button' issues as abortion, race equality, the death penalty and gay marriage have sharply divided the Court, politicians and public opinion. Some say that the Justices are merely politicians in judicial robes, while others insist that the Court simply does its best to interpret the Constitution for a society that differs drastically from the late eighteenth century when it was written. All those studying or simply interested in American politics must therefore get to grips with the nature, power and role of the Supreme Court in American politics. This book provides a comprehensive and balanced account, written and organised in an accessible style. It assumes no prior knowledge of the Court or constitutional law, and will help readers to gain a full appreciation of this much-criticised and important institution.
The new edition of this classic text on modern U.S. history seamlessly blends political, social, cultural, intellectual, and economic themes into an authoritative and readable account of America’s national story since the 1890s. Written by four highly respected scholars, this book has been fully updated with new coverage of the Trump and Biden presidencies, the culture wars, deep political polarization, and the crisis of democracy. The text’s most distinctive quality is its close attention to both history within the United States and the relationships the country has forged with the rest of the world. The eighth edition remains engaging and approachable while continuing to include the most recent scholarship. Each chapter contains a special feature section devoted to cultural topics including the arts and architecture, sports and recreation, technology, and education. Web links to additional online resources accompany each feature, offering complementary learning opportunities to students. While carefully attending to the complexity of history, The American Century traces the long roots of some of the most pressing current issues in the United States and continues to be a compelling resource for students of recent American history.
What role should the Senate play in the selection and confirmation of judges? What criteria are appropriate in evaluating nominees? What kinds of questions and answers are appropriate in confirmation hearings? How do judges interpret laws enacted by Congress, and what problems do they face? And what kinds of communications are proper between judges and legislators? These questions go to the heart of the relationship between the federal judiciary and Congress—a relationship that critically shapes the administration of justice. The judiciary needs an environment respectful of its mission; and the legislative branch seeks a judicial system that faithfully construes its laws and efficiently discharges justice. But the judicial-congressional relationship is hindered by an array of issues, including an ever-rising judicial caseload, federalization of the law, resource constraints, concerns about the confirmation process, increasing legislative scrutiny of judicial decisionmaking and the administration of justice, and debates about how the courts should interpret legislation. Drawing on the world of scholarship and from personal experience, Robert A. Katzmann examines governance in judicial-congressional relations. After identifying problems, he offers ways to improve understanding between the two branches. Copublished with the Governance Institute
In a remarkably innovative reconstruction of constitutional history, Robert Burt traces the controversy over judicial supremacy back to the founding fathers. Also drawing extensively on Lincoln's conception of political equality, Burt argues convincingly that judicial supremacy and majority rule are both inconsistent with the egalitarian democratic ideal. The first fully articulated presentation of the Constitution as a communally interpreted document in which the Supreme Court plays an important but not predominant role, The Constitution in Conflict has dramatic implications for both the theory and the practice of constitutional law.
Judicial Behavior and Policymaking introduces students to the politics of judging, exploring why judges make the decisions they do, who has the power to influence judicial decision-making, and what the consequences of court decisions are for policymaking. Further, this text familiarizes students with the methods that professional political scientists use to conduct research about the courts, including the quantitative analysis of data. Designed for undergraduates and graduate students alike, this accessible and engaging text provides a thorough introduction to the world of judicial politics.
For anyone who believes that liberal isn’t a dirty word but a term of honor, this book will be as revitalizing as oxygen. For in the pages of Reason, one of our most incisive public thinkers, and a former secretary of labor mounts a defense of classical liberalism that’s also a guide for rolling back twenty years of radical conservative domination of our politics and political culture. To do so, Robert B. Reich shows how liberals can: .Shift the focus of the values debate from behavior in the bedroom to malfeasance in the boardroom .Remind Americans that real prosperity depends on fairness .Reclaim patriotism from those who equate it with pre-emptive war-making and the suppression of dissent If a single book has the potential to restore our country’s good name and common sense, it’s this one.
In this highly acclaimed, provocative book, Robert Kuttner disputes the laissez-faire direction of both economic theory and practice that has been gaining in prominence since the mid-1970s. Dissenting voices, Kuttner argues, have been drowned out by a stream of circular arguments and complex mathematical models that ignore real-world conditions and disregard values that can't easily be turned into commodities. With its brilliant explanation of how some sectors of the economy require a blend of market, regulation, and social outlay, and a new preface addressing the current global economic crisis, Kuttner's study will play an important role in policy-making for the twenty-first century. "The best survey of the limits of free markets that we have. . . . A much needed plea for pragmatism: Take from free markets what is good and do not hesitate to recognize what is bad."—Jeff Madrick, Los Angeles Times "It ought to be compulsory reading for all politicians—fortunately for them and us, it is an elegant read."—The Economist "Demonstrating an impressive mastery of a vast range of material, Mr. Kuttner lays out the case for the market's insufficiency in field after field: employment, medicine, banking, securities, telecommunications, electric power."—Nicholas Lemann, New York Times Book Review "A powerful empirical broadside. One by one, he lays on cases where governments have outdone markets, or at least performed well."—Michael Hirsh, Newsweek "To understand the economic policy debates that will take place in the next few years, you can't do better than to read this book."—Suzanne Garment, Washington Post Book World
The US Supreme Court is an institution that operates almost totally behind closed doors. This book opens those doors by providing a comprehensive look at the justices, procedures, cases, and issues over the institution’s more than 200-year history. The Court is a legal institution born from a highly politicized process. Modern justices time their departures to coincide with favorable administrations and the confirmation process has become a highly-charged political spectacle played out on television and in the national press. Throughout its history, the Court has been at the center of the most important issues facing the nation: federalism, separation of powers, war, slavery, civil rights, and civil liberties. Through it all, the Court has generally, though not always, reflected the broad views of the American people as the justices decide the most vexing issues of the day. The Historical Dictionary of the U.S. Supreme Court covers its history through a chronology, an introductory essay, appendixes, and an extensive bibliography. The dictionary section has over 700 cross-referenced entries on every justice, major case, issue, and process that comprises the Court’s work. This book is an excellent access point for students, researchers, and anyone wanting to know more about the Supreme Court.
Robert Nagel's innovative volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power. Nagel argues that the problem with the modern judicial role is cultural and political. He demonstrates that judges, especially Supreme Court justices, have degraded our political discourse, intensified social conflict, and drained moral confidence. By examining modern Supreme Court confirmation hearings along with certain classic legal writings, Nagel shows how modern lawyers have a broad consensus on how to interpret the Constitution and, more generally, how to think about law. One major component of this mindset is to combine realism with legalism in ways that naturally tend to expand the judiciary's imperial role. Realism counsels that decisions are inevitably partly personal and therefore cannot be conclusively justified while legalism imparts the sense that the judge's interpretation is the best one possible. This combination of the personal and political, along with other aspects of modem legal thinking and training, means that judges are not only unconstrained by professional norms but actually are impelled by them to use power expansively. This issue is important to every person living in the U.S., as the Supreme Court's decisions concern everyone in the nation. It has the potential to be read by lawmakers, lawyers, students of law and political science, and anyone interested in Constitutional law. The thesis is unique and the execution is precise.
A stunning Dr Watson thriller perfect for all fans of Sherlock. The year is 1917 and Doctor John Watson is held in a notorious POW camp deep in enemy Germany, there as Medical Officer for the British prisoners. With the Allied blockade, food is perilously short in the camp and when a new prisoner is murdered all assume the poor chap was killed for his Red Cross parcel. Watson, though, isn't so sure. Something isn't quite what it seems and a creeping feeling of unease tells Watson there is more to this than meets the eye. And when an escape plot is apparently uncovered in his hut and he is sent to solitary confinement, he knows he has touched a nerve. If Watson is to reveal the heinous crimes that have occurred at the camp, he must escape before he is silenced for good. All he needs is some long-distance help from his old friend, Sherlock Holmes… 'Robert Ryan is the key heir apparent to Conan Doyle' Barry Forshaw, Financial Times
Braxton Thorpe has discovered a threat to the entire Solar System, but he has a problem: he's dead. Frozen at death, he awakens to find himself uploaded into an electronic matrix. Exploring beyond the matrix and the larger GlobalNet, he discovers the Oort, a distributed electronic entity older than humanity, with an unnerving secret: aliens wiped out nearly all life on Earth once, and are coming back to do it again. The mathematical entity that is Thorpe has to find a way to convince humans of the threat, and in time to do something about it. But how, and what? If you've read Niven's "A World Out of Time" or Taylor's "We Are Legion," the opening of "Icicle" will only "seem" familiar. Buckle up for a wild ride; you ain't seen nothing.
Suppressed is the book the media would prefer you not read. The book may change the way you read a newspaper, listen to the radio, watch TV, or consume digital media. Please look at the Follow the Author Page for videos by Robert M. Smith. Incisive behind-the-scenes details about the Times and other media outlets. — Publishers Weekly A forthright indictment of the media’s shortcomings. — Kirkus Reviews Half of all Americans do not trust the media, and many Americans believe the media are to blame for the country’s division. The U.S. ranks dead last of all countries in media trust. But no one in the media is talking about this. This well-reviewed book tells you why and shows you the inside of the media machine. It includes a look behind the scenes at some of the biggest stories in the history of journalism. The author — a former New York Times White House and investigative correspondent — was there and is ruthlessly honest about what he saw. In fact, the author unearthed Watergate before Woodward and Bernstein, but saw the story ignored by the New York Times Washington Bureau when he gave it to them. Margaret Sullivan, media critic for the Washington Post, called the book a “very engaging read.” Smith is an attorney and barrister who has written a law book for lawyers. This is a different kind of book, but it is written with the same careful attention to the evidence. Coming to the present, Suppressed shows how some media, including the New York Times, stepped into the ring and began slugging it out with President Trump, instead of staying outside the ring and neutrally reporting what it saw. The book argues that the media would have been more effective if it had remained neutral — and credible. On the other hand, Times stock dropped 17 percent in the first two quarters of 2021, after President Trump left. During the same time the S&P 500 index rose 18 percent. The book offers entertaining tidbits — some hard to believe — but also shows you how to be a knowledgeable consumer of something that you spend time on every day and depend on. Written with candor and humor, Suppressed traces a young investigative reporter’s arc from naïveté to cynicism, from covering the White House to leaving journalism for Yale Law School and ultimately becoming a barrister in London and teaching at Oxford.
Created in the early 20th century to provide scientific management of the nation's forests, the U.S. Forest Service was, for many years, regarded as a model agency in the federal government. The author contends that this reputation is undeserved and the Forest Service's performance today is unacceptable. Not only has scientific management proven impossible in practice, it is also objectionable in principle. Furthermore, the author argues that the Forest Service lacks a coherent vision and prefers to sponsor only fashionable environmental solutions--most recently ecosystem management. Describing its history and failures, the author advocates replacing the service with a decentralized system to manage the protection of national forests.
Robert Silverberg needs little introduction to anyone at all familiar with the history of the science fiction field. Fan. Author. Editor. Creative force. He has been an integral part of the field for longer than most of his readers have been alive. Earlier this year, he kindly agreed to put together a MEGAPACK® of his short stories, so here, then, is a selection of early works by one of the all-time greats. Included are: ALAREE BIRDS OF A FEATHER BLAZE OF GLORY DELIVERY GUARANTEED THE DESSICATOR THE HAPPY UNFORTUNATE THE HUNTED HEROES THE IRON STAR THE ISOLATIONISTS THE LONELY ONE THE MAN WHO CAME BACK NEUTRAL PLANET OZYMANDIAS THE PAIN PEDDLERS THE PLEASURE OF THEIR COMPANY POINT OF FOCUS POSTMARK GANYMEDE PRIME COMMANDMENT THE SONGS OF SUMMER SPACEROGUE THERE WAS AN OLD WOMAN THE WOMAN YOU WANTED VALLEY BEYOND TIME WE KNOW WHO WE ARE If you enjoy this ebook, don't forget to search your favorite ebook store for "Wildside Press Megapack" to see more of the 300+ volumes in this series, covering adventure, historical fiction, mysteries, westerns, ghost stories, science fiction -- and much, much more! [Version 1.5]
Robert Schmuhl chronicles the American presidency for nearly a century, providing a compelling picture of how the functions of the office and who occupies it have changed over the decades. The Glory and the Burden: The American Presidency from the New Deal to the Present is a timely examination of the state of the American presidency and the forces that have shaped it since 1933, with an emphasis on the dramatic changes that have taken place within the institution and to the individuals occupying the Oval Office. A new chapter and other elements have been added to the book, which originally appeared in the fall of 2019. This expanded, updated edition probes the election of Joe Biden in 2020, the transition of the White House from Donald Trump to Biden, and Biden’s first several months in office. Robert Schmuhl traces the evolution of the modern presidency back to the terms of Franklin Roosevelt, maintaining that FDR’s White House years had a profound impact on the office, resulting in significant changes to the job and to those who’ve served since then. Specifically, the Twenty-Second Amendment to the Constitution, limiting a president to two terms, has largely redefined each administration’s agenda. News sources and social media have also grown exponentially, exercising influence over the conduct of presidents and affecting the consequences of their behavior. Schmuhl examines the presidency as an institution and the presidents as individuals from several different perspectives. The Glory and the Burden is an engrossing read for a general audience, particularly those with an interest in politics, American history, and communications.
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