Manual of the Judge Advocate General


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A Community of Equals


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The acute desire to close American borders to new arrivals, mostly persons of color from developing countries, has surfaced in school board gatherings, town hall meetings, gubernatorial races, even presidential elections. . . . Does America still see itself as the 'land of immigrants'? Why not . . . invest in the survival and progress of all immigrants?--Edwidge Danticat, from the Foreword In this timely book, Owen Fiss examines the paradox of new immigrants being stripped of their rights within a democracy committed to equality. Arguing that it is in the interest of all of us-citizens and citizens-to-be-to live up to the promise of our Constitution, Fiss challenges the courts to invoke the courage they once brought to landmark civil rights cases and to apply it now to preserve a community of equals. Distinguished scholars and activists respond and debate the implications of Fiss's argument. The New Democracy Forum is a series of short paperback originals exploring creative solutions to our most urgent national concerns.







XXXXX


Book Description

xxxxx proposes a radical, new space for artistic exploration, with essential contributions from a diverse range of artists, theorists, and scientists. Combining intense background material, code listings, screenshots, new translation, [the] xxxxx [reader] functions as both guide and manifesto for a thought movement which is radically opposed to entropic contemporary economies. xxxxx traces a clear line across eccentric and wide ranging texts under the rubric of life coding which can well be contrasted with the death drive of cynical economy with roots in rationalism and enlightenment thought. Such philosophy, world as machine, informs its own deadly flipside embedded within language and technology. xxxxx totally unpicks this hiroshimic engraving, offering an dandyish alternative by way of deep examination of software and substance. Life coding is primarily active, subsuming deprecated psychogeography in favour of acute wonderland technology, wary of any assumed transparency. Texts such as Endonomadology, a text from celebrated biochemist and chaos theory pioneer Otto E. Roessler, who features heavily throughout this intense volume, make plain the sadistic nature and active legacy of rationalist thought. At the same time, through the science of endophysics, a physics from the inside elaborated here, a delicate theory of the world as interface is proposed. xxxxx is very much concerned with the joyful elaboration of a new real; software-led propositions which are active and constructive in eviscerating contemporary economic culture. xxxxx embeds Perl Routines to Manipulate London, by way of software artist and Mongrel Graham Harwood, a Universal Dovetailer in the Lisp language from AI researcher Bruno Marchal rewriting the universe as code, and self explanatory Pornographic Coding from plagiarist and author Stewart Home and code art guru Florian Cramer. Software is treated as magical, electromystical, contrasting with the tedious GUI desktop applications and user-led drudgery expressed within a vast ghost-authored literature which merely serves to rehearse again and again the demands of industry and economy. Key texts, which well explain the magic and sheer art of programming for the absolute beginner are published here. Software subjugation is made plain within the very title of media theorist Friedrich Kittler's essay Protected Mode, published in this volume. Media, technology and destruction are further elaborated across this work in texts such as War.pl, Media and Drugs in Pynchon's Second World War, again from Kittler, and Simon Ford's elegant take on J.G Ballard's crashed cars exhibition of 1970, A Psychopathic Hymn. Software and its expansion stand in obvious relation to language. Attacking transparency means examining the prison cell or virus of language; life coding as William Burrough's cutup. And perhaps the most substantial and thorough-going examination is put forward by daring Vienna actionist Oswald Wiener in his Notes on the Concept of the Bio-adapter which has been thankfully unearthed here. Equally, Olga Goriunova's extensive examination of a new Russian literary trend, the online male literature of udaff.com provides both a reexamination of culture and language, and an example of the diversity of xxxxx; a diversity well reflected in background texts ranging across subjects such as Leibniz' monadology, the ur-crash of supreme flaneur Thomas de Quincey and several rewritings of the forensic model of Jack the Ripper thanks to Stewart Home and Martin Howse. xxxxx liberates software from the machinic, and questions the transparency of language, proposing a new world view, a sheer electromysticism which is well explained with reference to the works of Thomas Pynchon in Friedrich Kittler's essay, translated for the first time into English, which closes xxxxx. Further contributors include Hal Abelson, Leif Elggren, Jonathan Kemp, Aymeric Mansoux, and socialfiction.org.




The Constitution Today


Book Description

A leading legal scholar addresses the most important constitutional controversies of the past two decades and illuminates the Constitution's spirit and ongoing relevance America's Constitution, Chief Justice John Marshall famously observed in McCulloch v. Maryland, aspires "to endure for ages to come." The daily news has a shorter shelf life, and when the issues of the day involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades and provides a passionate handbook for thinking constitutionally about today's headlines. Amar shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic. Prioritizing sound constitutional reasoning over partisan preferences, he makes the case for diversity-based affirmative action and a right to have a gun in one's home for self-protection, and against spending caps on independent political advertising and bans on same-sex marriage. He explains what's wrong with presidential dynasties, advocates a "nuclear option" to restore majority rule in the Senate, and suggests ways to reform the Supreme Court. And he revisits three dramatic constitutional conflicts -- the impeachment of Bill Clinton, the contested election of George W. Bush, and the fight over Barack Obama's Affordable Care Act -- to show what politicians, judges, and journalists got right as events unfolded and what they missed. Leading readers through the particular constitutional questions at stake in each episode while outlining his abiding views regarding the Constitution's letter, its spirit, and the direction constitutional law must go, Amar offers an essential guide for anyone seeking to understand America's Constitution and its relevance today.




The Art of Advocacy in International Arbitration


Book Description

Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.




Law and Macroeconomics


Book Description

A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.







Traversing the Ethical Minefield


Book Description

Traversing the Ethical Minefield: Problems, Law, and Professional Responsibility, Fourth Edition offers students accessible, teachable problems and notes that clarify and encourage analysis of the law governing lawyers. The book's innovative pedagogy (combination of relevant and interesting problems faced by fictitious law firm Martyn and Fox, cases, ethics opinions, thematic notes, and short stories) supports its focus of teaching the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers as well as conveying the complexities of ethical dilemmas in legal practice. The book's manageable length makes it short enough to provide focus, but long enough to convey the rich texture of the material.