Supreme Hubris

Supreme Hubris

Author: Aaron Tang

Publisher: Yale University Press

Published: 2023-08-01

Total Pages: 327

ISBN-13: 030027470X

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How to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologies The Supreme Court, once the most respected institution in American government, is now routinely criticized for rendering decisions based on the individual justices’ partisan leanings rather than on a faithful reading of the law. For legal scholar Aaron Tang, however, partisanship is not the Court’s root problem. Overconfidence is. Conservative and liberal justices alike have adopted a tone of uncompromising certainty in their ability to solve society’s problems with just the right lawyerly arguments. The result is a Court that lurches stridently from one case to the next, delegitimizing opposing views and undermining public confidence in itself. To restore the Court’s legitimacy, Tang proposes a different approach to hard cases: one in which the Court acknowledges the arguments and interests on both sides and rules in the way that will do the least harm possible. Examining a surprising number of popular opinions where the Court has applied this approach—ranging from LGBTQ rights to immigration to juvenile justice—Tang shows how the least harm principle can provide a promising and legally grounded framework for the difficult cases that divide our nation.


Hubris

Hubris

Author: Alistair Horne

Publisher: HarperCollins

Published: 2015-11-17

Total Pages: 372

ISBN-13: 0062397826

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“Eminently provocative and readable.”—The Wall Street Journal Sir Alistair Horne has been a close observer of war and history for more than fifty years and in this wise and masterly work, he revisits six battles of the past century and examines the strategies, leadership, preparation, and geopolitical goals of aggressors and defenders to reveal the one trait that links them all: hubris. In Greek tragedy, hubris is excessive human pride that challenges the gods and ultimately leads to total destruction of the offender. From the 1905 Battle of Tsushima in the Russo-Japanese War, to Hitler's 1941 bid to capture Moscow, to MacArthur's disastrous advance in Korea, to the French downfall at Dien Bien Phu, Horne shows how each of these battles was won or lost due to excessive hubris on one side or the other. In a sweeping narrative written with his trademark erudition and wit, Horne provides a meticulously detailed analysis of the ground maneuvers employed by the opposing armies in each battle. He also explores the strategic and psychological mindset of the military leaders involved to demonstrate how devastating combinations of human ambition and arrogance led to overreach. Making clear the danger of hubris in warfare, his insights hold resonant lessons for civilian and military leaders navigating today's complex global landscape. A dramatic, colorful, stylishly-written history, Hubris is a much-needed reflection on war from a master of his field.


I the Supreme

I the Supreme

Author: Augusto Roa Bastos

Publisher: Vintage

Published: 2019-02-26

Total Pages: 450

ISBN-13: 0525564691

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I the Supreme imagines a dialogue between the nineteenth-century Paraguayan dictator known as Dr. Francia and Policarpo Patiño, his secretary and only companion. The opening pages present a sign that they had found nailed to the wall of a cathedral, purportedly written by Dr. Francia himself and ordering the execution of all of his servants upon his death. This sign is quickly revealed to be a forgery, which takes leader and secretary into a larger discussion about the nature of truth: “In the light of what Your Eminence says, even the truth appears to be a lie.” Their conversation broadens into an epic journey of the mind, stretching across the colonial history of their nation, filled with surrealist imagery, labyrinthine turns, and footnotes supplied by a mysterious “compiler.” A towering achievement from a foundational author of modern Latin American literature, I the Supreme is a darkly comic, deeply moving meditation on power and its abuse—and on the role of language in making and unmaking whole worlds.


"Partly Laws Common to All Mankind"

Author: Jeremy Waldron

Publisher: Yale University Press

Published: 2012-05-29

Total Pages: 306

ISBN-13: 0300148658

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Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.


Confirmation Bias

Confirmation Bias

Author: Carl Hulse

Publisher: HarperCollins

Published: 2020-06-16

Total Pages: 394

ISBN-13: 006304059X

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This account of the machinations following Justice Antonin Scalia’s death, and their damaging effects, is “a gripping tale of insider Washington” (The Boston Globe). In this book, the Chief Washington Correspondent for the New York Times provides a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death—using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital. The embodiment of American conservative jurisprudence, Scalia cast an expansive shadow over the Court for three decades. His unexpected death in February 2016 created a vacancy that precipitated a pitched political fight that would change not only the tilt of the court, but the course of American history. It would help decide a presidential election, fundamentally alter longstanding protocols of the Senate, and transform the Supreme Court—which has long held itself as a neutral arbiter above politics—into another branch of the federal government riven by partisanship. In an unheard-of development, Senate Majority Leader Mitch McConnell refused to give Democratic President Barack Obama’s nominee, Merrick Garland, a confirmation hearing. Not one Republican in the Senate would meet with him. Scalia’s seat would be held open until Donald Trump’s nominee, Neil M. Gorsuch, was confirmed in April 2017. Hulse tells the story of this battle to control the Court through exclusive interviews with McConnell, Harry Reid, Chuck Schumer, and other top officials, Trump campaign operatives, court activists, and legal scholars, as well as never-before-reported details. Confirmation Bias provides much-needed context, revisiting the judicial wars of recent decades to show how they led to our current polarization. He examines the politicization of the federal bench and the implications for public confidence in the courts, and takes us behind the scenes to explore how many long-held democratic norms and entrenched bipartisan procedures have been erased across all three branches of government. Includes a new afterword “An absorbing, if dispiriting, look at the maneuverings of inside players like McConnell and Donald McGahn, Trump’s first White House counsel, and outside advocates like Leonard Leo of the Federalist Society, who appears to have steered judicial selection as much as anyone in the White House.” —The Washington Post


The Case Against the Supreme Court

The Case Against the Supreme Court

Author: Erwin Chemerinsky

Publisher: Penguin Books

Published: 2015-09-29

Total Pages: 402

ISBN-13: 0143128000

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Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.


Cormac McCarthy's House

Cormac McCarthy's House

Author: Peter Josyph

Publisher: University of Texas Press

Published: 2013-03-01

Total Pages: 305

ISBN-13: 0292744293

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Novelist Cormac McCarthy’s brilliant and challenging work demands deep engagement from his readers. In Cormac McCarthy’s House, author, painter, photographer, and actor-director Peter Josyph draws on a wide range of experience to pose provocative, unexpected questions about McCarthy’s work, how it is achieved, and how it is interpreted. As a visual artist, Josyph wrestles with the challenge of rendering McCarthy’s former home in El Paso as a symbol of a great writer’s workshop. As an actor and filmmaker, he analyzes the high art of Tommy Lee Jones in The Sunset Limited and No Country for Old Men. Invoking the recent suicide of a troubled friend, he grapples with the issue of “our brother’s keeper” in The Crossing and The Sunset Limited. But for Josyph, reading the finest prose-poet of our day is a project into which he invites many voices, and his investigations include a talk with Mark Morrow about photographing McCarthy while he was writing Blood Meridian; an in-depth conversation with director Tom Cornford on the challenges of staging The Sunset Limited and The Stonemason; a walk through the streets, waterfronts, and hidden haunts of Suttree with McCarthy scholar and Knoxville resident Wesley Morgan; insights from the cast of The Gardener’s Son about a controversial scene in that film; actress Miriam Colon’s perspective on portraying the Dueña Alfonsa opposite Matt Damon in All the Pretty Horses; and a harsh critique of Josyph’s views on The Crossing by McCarthy scholar Marty Priola, which leads to a sometimes heated debate. Illustrated with thirty-one photographs, Josyph’s unconventional journeys into the genius of Cormac McCarthy form a new, highly personal way of appreciating literary greatness.


Barbarism to Decadence

Barbarism to Decadence

Author: Abudu Rasheed Oki

Publisher: iUniverse

Published: 2021-08-06

Total Pages: 808

ISBN-13: 166321915X

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Since independence in 1960, Nigeria’s successor leaderships and the private sector manifestly failed to dispense good governance and corporate social responsibility. Both sectors, tacitly aided by foreign institutions and corporations have perverted the ends of government and justice. Ergo, in Barbarism to Decadence, Abudu Rasheed “Richard” Oki offers an encompassing but cursory evaluation of each successor corrupting maladministration, participatory industry roles, and systemic debaucheries, along with the vast derivative adverse impacts on the citizenry. Through research, eyewitness accounts, personal experience, etc., the book presents an assessment of the devastating decades of adventitious effects of otherworldly corruption on the nation, and a look at the overall septic effects of the vice on the rest of other black African nations. Ab initio, it delves in on characteristic fractious leaderships; past immiserating military decades; compromised judiciary/law enforcement; fraudulent elections; decrepit power supply and infrastructure; human health and educational fetidness, duplicitous and complicit local and international media; natural resource curse and colossal environmental pollution; modern-day religious chicanery and radicalized Islamic terrorism; elites’ otherworldly and authoritative brigandage; and ever-present suffocating misfeasance and malfeasance in the private sector. There are also the overall, undermining roles from overseas nations, institutions, and corporations; and, sui generis, China’s hegemonic role. These are part of vast interrelated factors that hermetically immure and immolate her lumpen masses in the bonds of anomie. That correlative societal demise is portrayed in marasmus and spectral looks, along with mass spiritual and mental atrophies. Yet her affluent minority and foreign expropriation of its raw wealth and assets remain at exhilarating boil. The grim hard facts and figures indicate that Nigeria absolutely needs to be set on the right path for the long-term needs of her marred population. Meanwhile, the masses intrinsically remain restive with brutish thoughts, here and there. To wit, the crystallization of that armed mass revolutionary mettle should never be discounted in her future. So, the book provides crosscurrents, and propounds on ways to sustainably adjust her venal course mainstream. Pithily, it seeks to provide a clarion call to jettison present, and block future, serially rogue leaderships for the summum bonum.