The Will of the People

The Will of the People
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
Total Pages: 623
Release: 2009-09-29
Genre: Law
ISBN: 1429989955

In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.

Claim of Privilege

Claim of Privilege
Author: Barry Siegel
Publisher: Harper Collins
Total Pages: 592
Release: 2009-10-13
Genre: Law
ISBN: 0061873853

On October 6, 1948, a U.S. Air Force B-29 Superfortress crashed soon after takeoff, killing three civilian engineers and six crew members. In June 1949, the engineers' widows filed suit against the government, determined to find out what exactly had happened to their husbands and why the three civilians had been on board the airplane in the first place. But it was the dawn of the Cold War and the Air Force refused to hand over any documents, claiming they contained classified information. The legal battle ultimately reached the Supreme Court, which in 1953 handed down a landmark decision that would, in later years, enable the government to conceal gross negligence and misconduct, block troublesome litigation, and detain criminal suspects without due-process protections. Claim of Privilege is a mesmerizing true account of a shameful incident and its lasting impact on our nation—the gripping story of a courageous fight to right a past wrong and a powerful indictment of governmental abuse in the name of national security.

Rethinking the New Deal Court

Rethinking the New Deal Court
Author: Barry Cushman
Publisher: Oxford University Press
Total Pages: 333
Release: 1998-02-26
Genre: Law
ISBN: 019535401X

Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.

Liberty from All Masters

Liberty from All Masters
Author: Barry C. Lynn
Publisher: Macmillan + ORM
Total Pages: 236
Release: 2020-09-29
Genre: Political Science
ISBN: 1250240638

Barry C. Lynn, one of America's preeminent thinkers, provides the clearest statement yet on the nature and magnitude of the political and economic dangers posed by America’s new monopolies in Liberty from All Masters. "Very few thinkers in recent years have done more to shift the debate in Washington than Barry Lynn." —Franklin Foer Americans are obsessed with liberty, mad about liberty. On any day, we can tune into arguments about how much liberty we need to buy a gun or get an abortion, to marry who we want or adopt the gender we feel. We argue endlessly about liberty from regulation and observation by the state, and proudly rebel against the tyranny of course syllabi and Pandora playlists. Redesign the penny today and the motto would read “You ain’t the boss of me.” Yet Americans are only now awakening to what is perhaps the gravest domestic threat to our liberties in a century—in the form of an extreme and fast-growing concentration of economic power. Monopolists today control almost every corner of the American economy. The result is not only lower wages and higher prices, hence a concentration of wealth and power in the hands of the few. The result is also a stripping away of our liberty to work how and where we want, to launch and grow the businesses we want, to create the communities and families and lives we want. The rise of online monopolists such as Google and Amazon—designed to gather our most intimate secrets and use them to manipulate our personal and group actions—is making the problem only far worse fast. Not only have these giant corporations captured the ability to manage how we share news and ideas with one another, they increasingly enjoy the power to shape how we move and play and speak and think.

Unwarranted

Unwarranted
Author: Barry Friedman
Publisher: Farrar, Straus and Giroux
Total Pages: 449
Release: 2017-02-21
Genre: Political Science
ISBN: 0374710902

“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.

Missing Man

Missing Man
Author: Barry Meier
Publisher: Macmillan + ORM
Total Pages: 273
Release: 2016-05-03
Genre: Biography & Autobiography
ISBN: 0374712794

In late 2013, Americans were shocked to learn that a former FBI agent turned private investigator who disappeared in Iran in 2007 was there on a mission for the CIA. The missing man, Robert Levinson, appeared in pictures dressed like a Guantánamo prisoner and pleaded in a video for help from the United States. Barry Meier, an award-winning investigative reporter for The New York Times, draws on years of interviews and never-before-disclosed CIA files to weave together a riveting narrative of the ex-agent's journey to Iran and the hunt to rescue him. The result is an extraordinary tale about the shadowlands between crime, business, espionage, and the law, where secrets are currency and betrayal is commonplace. Its colorful cast includes CIA operatives, Russian oligarchs, arms dealers, White House officials, gangsters, private eyes, FBI agents, journalists, and a fugitive American terrorist and assassin. Missing Man is a fast-paced story that moves through exotic locales and is set against the backdrop of the twilight war between the United States and Iran, one in which hostages are used as political pawns. Filled with stunning revelations, it chronicles a family's ongoing search for answers and one man's desperate struggle to keep his hand in the game.

Manifest Injustice

Manifest Injustice
Author: Barry Siegel
Publisher: Henry Holt and Company
Total Pages: 392
Release: 2013-01-22
Genre: True Crime
ISBN: 1429947330

In this remarkable legal page-turner, Pulitzer Prize–winning journalist Barry Siegel recounts the dramatic, decades-long saga of Bill Macumber, imprisoned for thirty-eight years for a double homicide he denies committing. In the spring of 1962, a school bus full of students stumbled across a mysterious crime scene on an isolated stretch of Arizona desert: an abandoned car and two bodies. This brutal murder of a young couple bewildered the sheriff 's department of Maricopa County for years. Despite a few promising leads—including several chilling confessions from Ernest Valenzuela, a violent repeat offender—the case went cold. More than a decade later, a clerk in the sheriff 's department, Carol Macumber, came forward to tell police that her estranged husband had confessed to the murders. Though the evidence linking Bill Macumber to the incident was questionable, he was arrested and charged with the crime. During his trial, the judge refused to allow the confession of now-deceased Ernest Valenzuela to be admitted as evidence in part because of the attorney-client privilege. Bill Macumber was found guilty and sentenced to life in prison. The case, rife with extraordinary irregularities, attracted the sustained involvement of the Arizona Justice Project, one of the first and most respected of the non-profit groups that represent victims of manifest injustice across the country. With more twists and turns than a Hollywood movie, Macumber's story illuminates startling, upsetting truths about our justice system, which kept a possibly innocent man locked up for almost forty years, and introduces readers to the generations of dedicated lawyers who never stopped working on his behalf, lawyers who ultimately achieved stunning results. With precise journalistic detail, intimate access and masterly storytelling, Barry Siegel will change your understanding of American jurisprudence, police procedure, and what constitutes justice in our country today.