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This book reflects that personality. If you want a honest, frank opinion on our political system, this book is for you.
If you're close-minded about the greatness and pedestal-like stature of our Constitution, you might not like this book.
In this book, Labunski forced me to admit that our system of government has some glaring shortcomings.
This truth hurts, and it will keep hurting. It is a cavity in the political mouth of our nation, and it cannot be properly filled without a second convention.
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Learn about Anne Bonny, a fearsome female pirate, peruse the pictures of pirate treasure, from Spanish doubloons to richly ornamented crosses. Compare the different pirate flags, and learn about who made each one. Check out the different types of ships, authentic pirate clothes and weapons, and a storehouse of other REAL pirate information.
If you know someone (young or old) who is fascinated by all things pirate, then you must introduce them to this book! It's a visual crash course in pirateness, and it's excellent!
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Once you are done with "The Barker Test" and have somehow acquiered a Public Defender, to write the Defender that you will have Letters of Memorandum to remind this Defender of what was said. Note that no one writes notes of conversations any more, and your Defender will need all the help you can give them! Please do not use much in the way of Latin Phrases, as this may scare the Defender into a Default or Reset mode....
Once you realize that you can do this as well as any attorney, be very afraid as your do "Discovery" from the D.A.'s office to find out what they have. Many Defenders are very busy
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After a synoptic opening chapter, there are chapters on the first century of public land management, the rise of corporate capitalism at the start of the 20th century, the rise of professional management and 'sustained yield' at mid-century and finally, "The Economics and Politics of License: Corruption and Predatation, 1976 to the Present.
Behan's development of the concept of economic and political overshoot and how it effected public lands is of key importance to environmentalists. The history of the development of governmental subsidization of private use of public lands and the momentum of the growth economy in degrading forests, overgrazing grasslands, overfishing the commons, etc. is crucial. Revoking corporate charters and devolving government out of Washington to local 'neighbourhoods' are revolutionary tactics advocated to get the philistines out of the temple.
Good as Korten, Greider and Klein. Well worth your while.
Behan is an engaging, provocative writer so his description of the evolution of land use policy in the United States is entertaining as well as instructive. He makes clear the process by which we have moved from the capitalistic ideal of individual private property ownership of all lands to one of reserving some lands to be held in common, and provides a logical defense for why we did it. The rationale, he notes, for maintaining such a "public good" has grown stronger with time. These public lands are a collective national treasure like no other in the world.
Behan then makes the case that we are hell-bent to squander this "promise" of the book's title. The great evil in this story is our unwitting, and presumably unwilling collaboration with modern (huge) corporations in a senseless, wasteful social party of conspicuous consumption. Modern corporations, many with global reach and stunning political and financial command, attempt to create demand for their massive and efficient production by devising market strategies to convince us to over consume; to acquire material goods as a measure of our social success and prosperity. The below-cost, ready access these giants have to our public lands treasure in order to supply their raw material needs, and for air, land and water sinks, requires consumers (all of us) to bear costs disproportionate to gains from such enterprise.
How have we been duped into this distorted market? Behan provides a fascinating and fresh perspective on the way America's founders contrived a unique constitional government that precludes majoritarian democracy. Political, legal and economic power has been concentrated among elites in Washington, D.C. Along the way, he notes, corporations were legally granted unique constitutional privileges. This argument deserves careful consideration. It is not the stuff of high school civics courses, or an uncritical recitation of the wisdom of free enterprise. It ties together the facts and the thesis of the book, and because it challenges the standard assumptions most Americans hold about their individual rights, prerogatives and powers, this argument alone makes the book required reading.
The way out of the jam, according to Behan, is for citizens to moderate their consumptive behavior, to resist the importuning of corporate advertisers, to pursue legal redress of corporate license, and to seize control of the political process at the local level. He offers specific examples of local or community level politics in practice, with attendant successes in resolving land use issues while protecting public land values. This resolution, while appropriate for many issues, and promising as an idealistic framework, seems less reassuring when one considers the complexities of international politics and global environmental issues. What can we do for a national energy policy, for example, wherein the real costs of our consumptive behavior, at whatever level, must be assessed globally and then allocated equitably among all of us? What can we do locally about issues that transcend national boundaries?
One optimistic notion that Behan suggests as a partial solution seems practical, and likely to work, and that is the power of Internet communication. This could facilitate the formation of "communities of interest" to address problems in ways that transcend normal geographical limits. Much needs to be done, and too much has been done badly, but the necessary dialogue has begun. Richard Behan's book, "Plundered Promise," is an essential component of that dialogue.
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I 'd rate this book the one MUST READ book if you are thinking about law school. This is what law school is about: Struggling with how to promote social welfare by interpretation and rulemaking.
Attempting to create a new genre of social science, Judge Posner smoothly integrates the drives that formed Cardozo as a man with the strictures of the law that define a judge. Analysis of the opinions, along with the briefs of the arguments, show that he was a good judge because he was able to reach correct results even when the specific facts of cases seemed to predict a legal anamoly. That quality produced case law that remains hard to reconcile, and the result has been attacks on the decisions as inconsistent. Judge Posner recognizes those weaknesses, but rather than contorting his logic in reconciling them explains that a man's reputation is typically based on either his high points or his low ones. In Cardozo's case, his death after only six years on the US Supreme Court limited the high points to controversial cases, such as MacPherson and Hynes. Judge Posner speculates that had Cardozo, like Holmes, had a full career as a Supreme Court justice the subjective standard for measurement of his reputation would have shifted away from the decisions as a state judge.
Although those state court opinions continue to dominate Torts textbooks, Cardozo's critics have injured his reputation by suggesting that he was merely a flamboyant local judge. Judge Posner shows that their slurs have not reached the ears of leading jurists. However, the ordinary person is apt to adopt those reputationary revisions without actually reading Cardozo's opinions and relating them to the specific cases and the development of American common law. Thus, Judge Posner creates a bridge, somewhat like Justice Cardozo, between arcane legal studies and the conduct of the people that law governs.
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Then, in the early 1960s, Guido Calabresi and Ronald Coase published a couple of papers that a lot of people found pretty darned interesting.
Richard Posner was one of those people. Within about a decade thereafter, he had written a massive treatise-textbook that attempted to apply (Chicago-school) economic insights to almost the entirety of the law, in part relying on Calabresi's insights on risk allocation and Coase's famous theorem about what happens in a world with no transaction costs.
That treatise-textbook is now in its fifth edition, and you're looking at the Amazon page for it. It would be hard to name a more influential work in the field of law and economics -- and even today, as Posner himself will gladly tell you, although there are a few other _textbooks_ on the topic, there are still no other _treatises_.
Posner's scope is breathtaking. Not content to limit himself to the usual array of legal topics (property, torts, contracts, criminal law, legal procedure, and so forth), he also manages to devote portions of his text to, e.g., sex and marriage, surrogate motherhood, prostitution, homosexuality, and a host of other controversial and/or marginal topics you don't typically encounter in an economics text.
The typical reader will probably not find him altogether persuasive on these topics. In fact, if you're anything like me, you'll probably wind up shaking your head in sheer wonderment: how is it possible for someone to be so brilliantly incisive on one page and so infuriatingly obtuse on the next?
But don't assume Posner is the one who's wrong. Don't misunderstand me; I think he _is_ sometimes the one who's wrong. But even then, his arguments are something to be reckoned with, not to be easily dismissed. (Nor is he _ever_ simply "obtuse.")
For the most part I think the book is a success in its more modest aim. In the fifth edition, Posner ends his opening chapter with a short reply to critics of the law and economics movement; with much of what he has to say here I can wholeheartedly agree. His work should, as he notes, be of _some_ interest to anyone who thinks Kaldor-Hicks efficiency/potential Pareto improvement plays any role whatsoever in setting policies. (I don't personally think it plays or should play much role at all, but I can agree with the point as Posner has stated it.) And Posner notes, quite unobjectionably, that the entire field should not be rejected merely because one does not accept the views of its most aggressive exponents.
But make no mistake, Posner _is_ one of its most aggressive exponents, and the apparent modesty of his aims is somewhat disingenuous: he is not merely trying to find out what economics can say about the law but to tell us that it can say quite a lot indeed. And it is here that I find him ultimately unconvincing on a number of points.
(To take one well-known example, I don't think Posner's discussion of the famous "Hand formula" captures what Judge Billings Learned Hand meant by it, and at any rate the formula is not as useful as Posner seems to think it is. There is some good discussion of the Hand formula by Richard Wright in _Philosophical Foundations of Tort Law_, and in general Posner has been roundly and in some respects successfully criticized by a wide range of scholars from Ronald Dworkin to Gary Schwartz.)
But there is no getting around this massive work, and it absolutely cannot be lightly dismissed. On the contrary, the thing bristles with fine insights and obviously massive legal and economic erudition; most of it will repay close reading even for the reader who ends up disagreeing. If you have any interest in the field of law and economics, you really ought to read this book _sometime_.
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