A Right to Lie?


Book Description

Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.




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.







Women's Human Rights


Book Description

According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment—all clearly in violation of international human rights—and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment? Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights. Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.




Lessons in Censorship


Book Description

American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.




The Decadent Society


Book Description

From the New York Times columnist and bestselling author of Bad Religion, a “clever and stimulating” (The New York Times Book Review) portrait of how our turbulent age is defined by dark forces seemingly beyond our control. The era of the coronavirus has tested America, and our leaders and institutions have conspicuously failed. That failure shouldn’t be surprising: Beneath social-media frenzy and reality-television politics, our era’s deep truths are elite incompetence, cultural exhaustion, and the flight from reality into fantasy. Casting a cold eye on these trends, The Decadent Society explains what happens when a powerful society ceases advancing—how the combination of wealth and technological proficiency with economic stagnation, political stalemate, and demographic decline creates a unique civilizational crisis. Ranging from the futility of our ideological debates to the repetitions of our pop culture, from the decline of sex and childbearing to the escapism of drug use, Ross Douthat argues that our age is defined by disappointment—by the feeling that all the frontiers are closed, that the paths forward lead only to the grave. Correcting both optimism and despair, Douthat provides an enlightening explanation of how we got here, how long our frustrations might last, and how, in renaissance or catastrophe, our decadence might ultimately end.




The Chief Justiceship of Charles Evans Hughes, 1930-1941


Book Description

During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.




Ross V. Heyne


Book Description




Doomed to Succeed


Book Description

A necessary and unprecedented account of America's changing relationship with Israel When it comes to Israel, U.S. policy has always emphasized the unbreakable bond between the two countries and our ironclad commitment to Israel's security. Today our ties to Israel are close—so close that when there are differences, they tend to make the news. But it was not always this way. Dennis Ross has been a direct participant in shaping U.S. policy toward the Middle East, and Israel specifically, for nearly thirty years. He served in senior roles, including as Bill Clinton's envoy for Arab-Israeli peace, and was an active player in the debates over how Israel fit into the region and what should guide our policies. In Doomed to Succeed, he takes us through every administration from Truman to Obama, throwing into dramatic relief each president's attitudes toward Israel and the region, the often tumultuous debates between key advisers, and the events that drove the policies and at times led to a shift in approach. Ross points out how rarely lessons were learned and how distancing the United States from Israel in the Eisenhower, Nixon, Bush, and Obama administrations never yielded any benefits and why that lesson has never been learned. Doomed to Succeed offers compelling advice for how to understand the priorities of Arab leaders and how future administrations might best shape U.S. policy in that light.