The Cult Of The Court


Book Description

A fresh and innovative examination of the U.S. Supreme Court as the final arbiter of constitutional interpretation.




Courts on Trial


Book Description




The Witness Wore Red


Book Description

You've watched Keep Sweet: Pray and Obey, the top 5 true-crime docuseries on Netflix. Now discover the revealing memoir of one woman featured in the series who was forced into polygamous marriage and her brave struggle to protect others from the same fate. Rebecca Musser grew up in fear, concealing her family's polygamous lifestyle from the "dangerous" outside world. Covered head-to-toe in strict, modest clothing, she received a rigorous education at Alta Academy, the Fundamentalist Church of Jesus Christ of Latter Day Saints' school headed by Warren Jeffs. Always seeking to be an obedient Priesthood girl, in her teens she became the nineteenth wife of her people's prophet: 85-year-old Rulon Jeffs, Warren's father. Finally sickened by the abuse she suffered and saw around her, she pulled off a daring escape and sought to build a new life and family. The church, however, had a way of pulling her back in-and by 2007, Rebecca had no choice but to take the witness stand against the new prophet of the FLDS in order to protect her little sisters and other young girls from being forced to marry at shockingly young ages. The following year, Rebecca and the rest of the world watched as a team of Texas Rangers raided the Yearning for Zion Ranch, a stronghold of the FLDS. Rebecca's subsequent testimony would reveal the horrific secrets taking place behind closed doors of the temple, sending their leaders to prison for years, and Warren Jeffs for life. The Witness Wore Red is a gripping account of one woman's struggle to escape the perverse embrace of religious fanaticism and sexual slavery, and a courageous story of hope and transformation.




The Cult of the Constitution


Book Description

“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.




A Year in the Life of the Supreme Court


Book Description

Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court—acting as the eyes and ears of not just the American people, but the Constitution itself—give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court. The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court’s business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court’s decisions. Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.




The Media, the Court, and the Misrepresentation


Book Description

The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public’s understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court’s actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices’ "extra-curricular" activities and their retirements/deaths, and the Court’s opinions, and compare this coverage to analyses of confirmation transcripts and the Court’s full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public’s preferences for subject matter and content. The media’s portrayal, then, may undercut the Court’s legitimacy and its reservoir of good will.




Murder at the Supreme Court


Book Description

Offers a unique behind the scenes look at the capital punishment cases that made it to the highest court in the land.




Courts on Trial


Book Description

CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.




The Cult of the Amateur


Book Description

Amateur hour has arrived, and the audience is running the show In a hard-hitting and provocative polemic, Silicon Valley insider and pundit Andrew Keen exposes the grave consequences of today’s new participatory Web 2.0 and reveals how it threatens our values, economy, and ultimately the very innovation and creativity that forms the fabric of American achievement. Our most valued cultural institutions, Keen warns—our professional newspapers, magazines, music, and movies—are being overtaken by an avalanche of amateur, user-generated free content. Advertising revenue is being siphoned off by free classified ads on sites like Craigslist; television networks are under attack from free user-generated programming on YouTube and the like; file-sharing and digital piracy have devastated the multibillion-dollar music business and threaten to undermine our movie industry. Worse, Keen claims, our “cut-and-paste” online culture—in which intellectual property is freely swapped, downloaded, remashed, and aggregated—threatens over 200 years of copyright protection and intellectual property rights, robbing artists, authors, journalists, musicians, editors, and producers of the fruits of their creative labors. In today’s self-broadcasting culture, where amateurism is celebrated and anyone with an opinion, however ill-informed, can publish a blog, post a video on YouTube, or change an entry on Wikipedia, the distinction between trained expert and uninformed amateur becomes dangerously blurred. When anonymous bloggers and videographers, unconstrained by professional standards or editorial filters, can alter the public debate and manipulate public opinion, truth becomes a commodity to be bought, sold, packaged, and reinvented. The very anonymity that the Web 2.0 offers calls into question the reliability of the information we receive and creates an environment in which sexual predators and identity thieves can roam free. While no Luddite—Keen pioneered several Internet startups himself—he urges us to consider the consequences of blindly supporting a culture that endorses plagiarism and piracy and that fundamentally weakens traditional media and creative institutions. Offering concrete solutions on how we can reign in the free-wheeling, narcissistic atmosphere that pervades the Web, THE CULT OF THE AMATEUR is a wake-up call to each and every one of us.




God’s Court and Courtiers in the Book of the Watchers


Book Description

First Enoch is an ancient Judean work that inaugurated the genre of apocalypse. Chapters 1-36 tell the story of the descent of angels called "Watchers" from heaven to earth to marry human women before the time of the flood, the chaos that ensued, and God's response. They also relate the journeying of the righteous scribe Enoch through the cosmos, guided by angels. Heaven, including the place and those who dwell there (God, the angels, and Enoch), plays a central role in the narrative. But how should heaven be understood? Existing scholarship, which presupposes "Judaism" as the appropriate framework, views the Enochic heaven as reflecting the temple in Jerusalem, with God's house replicating its architecture and the angels and Enoch functioning like priests. Yet recent research shows the Judeans constituted an ethnic group, and this view encourages a fresh examination of 1 Enoch 1-36. The actual model for heaven proves to be a king in his court surrounded by his courtiers. The major textual features are explicable in this perspective, whereas the temple-and-priests model is unconvincing. The author was a member of a nontemple, scribal group in Judea that possessed distinctive astronomical knowledge, promoted Enoch as its exemplar, and was involved in the wider sociopolitical world of their time.