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  • Active Liberty: Interpreting Our Democratic Constitution

    By Stephen Breyer

    Our Price: $12.50
    • Format: Hardcover
    • ISBN-13: 9780307263131
    • Publisher: Alfred A. Knopf
    • Published: September 2005
    Defines and examines the principles of active liberty and emphasizes its importance in constitutional and statutory interpretation.
  • Active Liberty: Interpreting Our Democratic Constitution

    By Stephen Breyer

    Our Price: $15.00
    • Format: Paperback
    • ISBN-13: 9780307274946
    • Publisher: Vintage Books
    • Published: October 2006
    Sitting Supreme Court Justice Breyer argues that the Constitution's lasting brilliance is that its great principles may adapt to cope with current situations rather than serve only as a static benchmark for a world that is dead and gone. Using examples from the areas of federalism to affirmative action, this is a vital contribution to the ongoing debate over the method and means used by the Supreme Court to approach the Constitution. Notes, Index. 176p.
  • Against the Death Penalty

    By Stephen Breyer

    Our Price: $7.50
    • Format: Hardcover
    • ISBN-13: 9780815728894
    • Publisher: Brookings Institution Press
    • Published: August 2016
    A landmark dissenting opinion arguing against the death penaltyDoes the death penalty violate the Constitution? In Against the Death Penalty, Justice Stephen G. Breyer argues that it does: that it is carried out unfairly and inconsistently, and thus violates the ban on "cruel and unusual punishments" specified by the Eighth Amendment to the Constitution."Today’s administration of the death penalty," Breyer writes, "involves three fundamental constitutional defects: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably long delays that undermine the death penalty’s penological purpose. Perhaps as a result, (4) most places within the United States have abandoned its use."This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.
  • Making Our Democracy Work: A Judge's View

    By Stephen Breyer

    Our Price: $14.95
    • Format: Hardcover
    • ISBN-13: 9780307269911
    • Publisher: Alfred A. Knopf
    • Published: September 2010
    Supreme Court Justice Stephen Breyer discusses what the Supreme Court must do going forward to maintain the public's confidence, arguing for interpreting the Constitution in a way that works in practice. Breyer forecefully rejects competing approaches that look exclusively to the Constitution's text or to the 18th-century views of the framers. Instead, he advocates a pragmatic apsproach that applies unchanging constitutional values to ever-changing circumstances - an approach that will best demonstraste to the public that the constitution continues to serve us well. In additional, Justice Breyer examines the Court's recent decisions concerning the detainees held at Guantanamo Bay, contrasting these decisions with rulings concerning the internment of Japanese-Americans during WWII. He uses these cases to show how the Court can promote workable government by respecting the roles of other constitutional actors without compromising constitutional principles. Notes, Index. 270p.
  • The Court and the World: American Law and the New Global Realities

    By Stephen Breyer

    Our Price: $8.50
    • Format: Paperback
    • ISBN-13: 9781101912072
    • Publisher: Vintage
    • Published: August 2016
    In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders.It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.   To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.
  • The Court and the World: American Law and the New Global Realities

    By Stephen Breyer

    Our Price: $14.00
    • Format: Hardcover
    • ISBN-13: 9781101946190
    • Publisher: Knopf
    • Published: September 2015
    "In this original, far-reaching and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity--from the conduct of national security policy to the conduct of international trade--obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites like Airbnb, it has become clear that judicialawareness can no longer stop at the water's edge"--
  • The Road to Political Democracy

    By Robert Senelle

    Our Price: $105.95
    • Format: Hardcover
    • ISBN-13: 9789054878629
    • Publisher: Independent Pub Group
    • Published: April 2012
    Between the seventh and the fifth century BC, the political regime in some city-states in Greece evolved from monarchy to a kind of government by the free citizens called democracy, and this book drafts the red line of this type of regime. It explains democracy’s four main Aristotelian features—the rule by turn, the rule of law, education, and the role of the middle class—and describes and cites the historical milestones in its evolution. Touching upon on all of the pioneering stages through which political democracy has passed, this account quotes, comments, and highlights the specific importance of the main writings of American, British, French, German, Greek, and Roman philosophers, economists, jurists, and sociologists, and provides an overview of the principal declarations and international treaties on human rights.

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