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is the single most important book on the problems with American imprisonment. The authors use orginal research
to discuss the imprisonment binge, who goes to prison, imprisonment of children and women, private prisons,
doing time, super max, release, and three strikes and you're out. The book has been widely adopted for
both undergraduate and graduate courses at universities across the country. This is the book every lawmaker should read and consider before they vote to spend another dime of the taxpayers money on new prison construction. The research demonstrates that the dramatic increase in prison population is predicated on the imprisonment of individuals for petty crimes, drug offenses, and technical violations of probation and parole. Meanwhile, the inner-city schools of America are denied adequate funding, the streets are no safer, and millions of children wait for the parents to return home from prison.
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This book is, by far, the most extraordinary biography, and paints a portrait of Chief Justice Marshall, the man, with perception and details , at the same time the author does an exhaustive biography of the jurisprudence of the Marshall Court.
John Marshall, (1801-1835) was appointed to the Supreme Court by John Adams as he was leaving office. A last minute appointment and second cousin to Thomas Jefferson, Marshall served in some of the most formative years that the has ever seen. Marshall wanted to bring the court into the central picture of the government and reigned in the court from the fringes of government, Consolidating the authority of the court making the Supreme Court the final arbitor when it came to constitutional.
John Marshall was a man equal to Jefferson when it came to the challenges of office and was equally skilled at the crafting law that supported the emerging American market economy. It was Jefferson and Marshall, however who symbolized and personalized the competing constitutional persuasions of the age and brought them into explosive focus. Each had taken a stand on the great foreign and domestic issues of the 1790's; each had conflated those issues into a dispute over the meaning of the Constitution. When fate and ambition made Jefferson president and Marshall chief justice, the institutional stage was set for what is one of the most creative confrontations in American constitutional history. At stake was not just the position of the Supreme Court in American government but the place of law in republican culture.
Can you imagine being there when Marshall was giving the oath of office to Jefferson... when the new chief justice administered the oath of office to the new president on March 4, 1801. With his hand on the Bible held by Marshall, Jefferson swore to uphold the Constitution, Marshall was sure sure he was about to destroy.
This book has an engaging narrative and you seem to read the information quickly and with ease, the author's prose is extremely well-written. As for the historical information it is spot-on even the court cases are found on a listing in the back of the book. Marshall was more than a chief justice, he was priciple in the forming a United States. Marshall's institutional accomplishments are found in this impressive study. For a one volume book... this is the most comprehensive... Marshall was the most representative figure in American law. This book is well worth the money ans should be in the library of all who study American History.
Professor Kent Newmyer has written a comprehensive account of the great Chief Justice's career. The account is admirably researched and documented, drawing extensively on a new edition of Marshall's papers. It includes careful analyses of Marshall's leading opinions. Most importantly, Professor Newmyer gives a thoughtful discussion of Justice Marshall's place on the Court and on the importance of his vision of the United States for our history.
The book includes a good discussion of Marshall's role in the Revolutionary War, as a successful lawyer in Virginia, and as a landowner and extensive land speculator. But most of the book consists of a discussion of Marshall's career on the Court, his opinions, and the manner in which he shaped the Court as an institution.
While Newmyer admires his subject greatly, I found this a very balanced account. He allows that Justice Marshall did not always meet his own stated goals of separating law from politics and notes how Marshall's activities as a land speculator seemed to play a critical role in several of his leading opinions.
The discussion begins with Marbury v Madison and its role in the doctrine of judicial review. It continues with a thorough discussion of Marshall's role in the treason trial of Aaron Burr, through a discussion of the great opinions construing the Commerce Clause and Contracts Clause of the Constitution, through the Cherokee Nation opinions that Marshall wrote near the end of his tenure which established the foundation of American Indian Law. (Professor Newmyer considers these decisions Justice Marshall's proudest moment.)
The book considers Marshall's attitudes towards and opinions dealing with slavery. There is also a discussion of a series of polemical articles Justice Marshall exchanged with critics following the decision in McCollough v Maryland. Marshall's critics feared that he was giving too expansive a power to the National Government as opposed to the States. In fact, at the end of his career, Justice Marshall feared his life work had been overtaken by events with the rise of the democracy, a strong state rights movement, and the Presidency of Andrew Jackson.
Professor Newmyer sees Justice Marshall as a Burkean conservative in a new world. Marshall interpreted the Constitution broadly, yet flexibility to allow the development of individual, and national commerce and enterprise. Yet he was devoted to institutions and strongly inclined to accept the world as he found it rather than make it over in accordance with abstract principles (as he accused the supporters of the French Revolution of doing.) Newmyer writes:
Marshall spoke as a Burkean conservative, or as much of one as American circumstances allowed. He was repelled by reductionist abstractions as well as abstract idealims, even when it was couched, as was much of southern constitutionalism in terms of a mythical past. He worked from the 'given', accepted the world as it was, relished 'the disorder of experience" to borrow a phrase from Charles Rosen." (p.351)
Justice Marshall was not an original thinker, but he took the text of the Constitution, together with the Federalist, and molded it and the Court's interpretive role in a way that is with us today. He remains America's great Chief Justice. There is much for the interested reader to learn and to think through in Professor Newmyer's fine study of Justice Marshall.
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Reid methodically debunks one of the most commonly misunderstood aspects of mid nineteenth century life on the Overland trail. His exhaustive use of primary sources and his meticulous notes must brand this book as the definitive work on the subject of property and social behavior on the overland trail from a legal perspective. The weight of evidence regarding the relative lawfulness of the travelers is such that, as presented, nearly half way through the reader is inexorably swayed to its veracity. Reid presents not a modicum or even generous amount of proof, but a crush of evidence. The fact that he was only able to locate three specific journal entries of lawlessness regarding property, while it does not suggest there was not more, is significantly persuasive. The fact that he is able to logically illustrate that these cases of lawlessness may be shown as examples of how legal theory and values were imbued within the lawbreakers, is doubly clever.
Although not a scintillating read, Reid displays a certain deftness for keeping the readers attention through what could have been far drier material in the hands of one not so gifted with the pen. His assemblage of innumerable primary sources is a praiseworthy accomplishment. Quotes from primary sources are woven consistently and seemingly effortlessly throughout the text, creating a patchwork of storytelling by case study.
This is not to say, however, that this is an entertaining read for laity or even the armchair historian. Reid occasionally slips into legalese that may momentarily obfuscate the read for even the professional historian, but a standard or legal dictionary remedies this. Also, Reid believes the average American on the trail possessed a greater knowledge of the law then than previously thought. Although this may be the case, some of what Reid chalks up to proof of extensive legal knowledge seems no more than ordinary common sense on behalf of the traveler. In a broader sense, to be fair, Reid does not delve deeply into criminality other than in regard to property. But, conventional wisdom suggests that the two are closely linked and thus, Reid obliquely strengthens his argument by this subtle correlation. These few minor criticisms notwithstanding, as a work of legal historical scholarship, Law for the Elephant is nearly flawless and is a significant contribution to the historiography of the overland trail.
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Premise: realign government so it is in harmony with natural law. Natural Law = planets fall around the sun, a ball thrown in the air will eventually come down. He says much of government currently goes against natural law (swimming upstream opposed to drifting downstream).
He gets into fascinating material, including: 1. the human mind has four levels of consciousness: awake, asleep, rem, pure consciousness. 2. everything in nature--while incredibly complex--when broken down to the simplest level, is the same. This unified field is called the superstring. 3. the human mind in pure consciousness is the same mathematically as the superstring.
John Hagelin is the Natural Law Party's presidential candidate. This guy is amazing; he deserves at least our attention. I wonder why people like John Hagelin and Harry Browne--true admirable american geniuses who run for President--are never covered by the major media...especially TV. More on that, read "A Reason To Vote" by Robert Roth.
What he's conceived is a unifying theory of politics, one based on the premise that government is itself governed by the collective consciousness of the people. Toward that end, he proposes establishing coherence creating groups of experts in Transcendental Meditation® as a foundation for positive social/political progress, and he presents the empirical basis of this novel approach. Then, he gives a summary of the latest field tested, proven knowledge in a variety of policy areas.
These issues include sustainable agriculture, preventive health care and natural medicine, effective crime prevention and rehabilitation, educational programs that keep children in school and develop their potential, renewable energy, and so on.
The key to this book is that it avoids fluff. It's not a New Age "feel good" tract, but rather a scientific and informed assessment of the latest thinking that can get our country and others working for the good of everyone. I'm not familiar with anything quite like it.
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What I found interesting is that the author writes in a style that is easily understood and the book is well-documented as he explains how the Supreme Court is swaying toward the States vs. Federal in its thinking. This is an age old debate whether to be more States Rights of Federal in thinking and to interpretation of the law. Ever since the government of the United States has been formed this debate has been around.
Does the Supreme Court systematically thwart justice to American through a states rights policy? The author makes a strong case and backs his judgement with case studies.
This book takes complex legal doctrine and makes it enjoyable to read. To better understand the laws of the land we have the courts and the final say rests with the Supreme Court. The book explains some of these cases... states' immunity in age discrimination, disability discrimination, and violation of patents, trademarks, copyrights, and fair labor... insulation from paying damages, are just a few of the case torts reviewed in this book.
The lawyer-ese is at a minimum so the layperson can get a good idea as to what and the why things are as they are. So, if you like reading about the laws that affect our daily lives this is a good book to start with.
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domination of one section of the union over the other are prophetic. Anyone who believes in states rights, republicanism, and democracy should read New Views. This friend of Thomas Jefferson deserves the look. He espouses pure Jeffersonian Reoublicanism.
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