It has been said that the enshrinement of free speech and press in the First Amendment gives those civil liberties a “preferred position” in the constitutional pantheon because they make possible all other rights of Americans. Although the “preferred position” notion has never commanded a majority decision of the Supreme Court of the United States, still, First Amendment rights have long been considered of paramount importance even though several exceptions have been carved into them by th...

Jane Fonda's visit to Hanoi in July 1972 and her pro-North Vietnamese, anti-American conduct, especially her pose with an anti-aircraft gun used to shoot down American planes and her propaganda broadcasts directed toward American troops, angered many Americans. In their eyes, she was guilty of treason, but she was never charged by the American legal system. Instead, she has made millions, been the recipient of countless awards, and remained an honored American icon.This work invest...

A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lastin...

David Halberstam’s masterpiece, the defining history of the making of the Vietnam tragedy, with a new Foreword by Senator John McCain."A rich, entertaining, and profound reading experience.”—The New York TimesUsing portraits of America’s flawed policy makers and accounts of the forces that drove them, The Best and the Brightest reckons magnificently with the most important abiding question of our country’s recent history: ...

The New York Times Bestseller2014 American Book Award WinnerWinner of the Ridenhour Prize for Reportorial Distinction“An indispensable, paradigm-shifting new history of the war...All these decades later, Americans still haven't drawn the right lesson from Vietnam.” —San Francisco ChronicleBased on classified documents and first-person interviews, a startling history o...

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questio...

The “riveting, meticulously researched, and beautifully written” (Ben Macintyre, author of The Spy and the Traitor) true story chronicles the first and most legendary prisoner exchange of the Cold War, between East and West at Berlin’s Glienicke Bridge and Checkpoint Charlie“A marvelous saga of dangerous missions, helter-skelter innovation, and clandestine activity.”—The Wall Street JournalWho were the three men the Americ...

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

One of the most acclaimed books of our time—the definitive Vietnam War exposé and the winner of the Pulitzer Prize and the National Book Award.When he came to Vietnam in 1962, Lieutenant Colonel John Paul Vann was the one clear-sighted participant in an enterprise riddled with arrogance and self-deception, a charismatic soldier who put his life and career on the line in an attempt to convince his superiors that the war should be fought another way. By the time he d...

The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time.Exploring hot-button issues ranging from presidential power to same-sex relations ...

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...