Administrative Procedures Books
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As Danger Invites Rescue, Posner Stimulates IntellectReview Date: 2004-10-13
Compound Authority; a many-layered onionReview Date: 2001-06-05
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.
Deconstructing Justice PalsgrafReview Date: 2003-02-03
American JudgesReview Date: 2000-08-07
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.
A fine bookReview Date: 2000-04-18
The only part of the book I found lacking was Posner's discussion of individual cases, which was a bit less exciting than the rest of the book. Before reading the book I was not convinced that the infarmous Palsgraf case deserved its notoriety-- and I still don't get the Palsgraf mystique that seems to entrance so many other law professors and lawyers.
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Helping you through Fed. CourtsReview Date: 2002-11-02
An invaluable resource for Federal CourtsReview Date: 2004-06-27
Federal Courts is such a difficult class because of the sheer complexity of the material. Sadly, many students, me included, are forced to use Hart and Wechsler's Federal Courts casebook which is itself very difficult to learn from (for reasons I discuss in my review of that book). Many casebooks try to go over too much: they spend time on general principles, certainly, but often get caught up in discussing every single case with some relevance to the course, with less focus on hammering down an understanding of the general principles. Hart and Wechsler is a prime example of this. Their casebook is difficult to digest because there is so much to learn. Their endnotes are filled to the brim with hundreds of cases, many of which are unnecessary to obtain a general understanding of the course. And let's be honest, while these cases might be vital for aspiring future clerks taking Federal Courts, not all of us are clerking for the D.C. Circuit anytime soon.
Chemerinsky's hornbook very adequately solves this problem. Of all of the study guides and hornbooks I have perused in law school, Chemerinsky's book helped guide me the most, in what is the hardest class I have taken. In well-defined sections, Chemerinsky breaks down the daunting Federal Courts in a manner that is easy to read and ultimately understand. Chemerinsky clearly as well as concisely lays out a framework for each of the key bedrock principles of Federal Courts and federal jurisdiction without getting caught up in going over every possible case with implications for federal courts. Chemerinsky does discuss the key exceptions as well as minor cases, but they flow very well with his general discussions of the base material of Federal Courts. His book, therefore, was extremely easy to absorb and helped me immensely in understanding Federal Courts.
I was often bewildered and perplexed by the material discussed in Hart and Wechsler and in class lectures. Chemerinsky's book tore down much of my confusion by helping me focus on the key concepts of Federal Courts, and not getting lost in the forest of cases delineated by the casebook and by my professor. I strongly recommend that any student taking Federal Courts buy this book. It is invaluable to learning the course. You would be doing yourself a disservice if you did not take a look at Chemerinsky.
essential resourceReview Date: 2006-05-07
Every law student should have a copy.Review Date: 2005-02-27
Chemerinsky is able to take a complicated topic that takes 50 pages of a textbook to explain, and summarize it in a single paragraph.
This single most impressive book I have encountered in 3 years of law school. And if you plan to practice in the federal court system, this book is essential. Buy it.
Nice reference toolReview Date: 2004-06-22
The book does fail in maintaining any semblance of objectivity when it comes to the scope of federal judicial power. Although arguments are mechanically given for both sides of an issue, one gets the impression that Chemerinsky, in his weaker moments, would love to get rid of the 11th Amendment, standing requirements, amount in controversy requirements, and any other obstacle to a federal court's ability to hear a case.

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great bookReview Date: 2002-01-24
This did the job.Review Date: 1999-12-19
perfect guideReview Date: 2003-02-01
It was complete, concise, and easy to follow.
I definately could not of made the change without the help of this book.
I do not recommend trying to change your name without this - it walks you through from A to Z, not missing a beat.
Excellent book.
Straight forward and to the point!Review Date: 2003-06-13
Pro's and con's are examined about Court Ordered Name Changes and Common Usage methodologies. Well thought out and written in a very readable and comprehensive style...this book answers almost any question you may have regarding the implications of changing you name.
Highly recommended....by far, the best book I have seen on the market around this issue.
You can do it yourself!Review Date: 2001-05-22


Social Science Study that Confirms Anecdotal EvidenceReview Date: 2006-04-15
Common sense dictates that Presidents nominate nominees who are close ideologically to their own views. Epstein and Segal show this to be true. Common sense would also dictate the difficulty if such considerations are taken into account as a president nominating a judge to the state where senators of his own party hold seats (and senatorial courtesy plays a stronger role), if the senate and president are of differing parties, and so forth.
Epstein and Segal have produced a primer for those interested in motivations in nominations to the court and the inherently political considerations that must be taken into account. I highly recommend this book.
Praise for Advice and ConsentReview Date: 2006-03-13
"This is a superb and even indispensable resource. Careful, precise, objective, and nugget-filled, it's a wonderful guide to past, present, and future debates. If you want to know about judicial appointments, this is the best place to start." -- Cass R. Sunstein, University of Chicago Law School
"An important and timely study that adds an essential framework for understanding contemporary slugfests over judicial appointments. Beautifully presented and argued." -- Louis Fisher, author of American Constitutional Law
"Lee Epstein's and Jeffrey Segal's new book could not be more timely. It provides the most comprehensive and systematic examination to date of the roles of politics and ideology in Supreme Court selection. It is indispensable reading for anyone interested in how justices and judges decide cases, the limits of legal reasoning, and the contributions of social science to better understanding how the Supreme Court functions." - Michael J. Gerhardt, author of The Federal Impeachment Process
"Writing in pristine, jargon-free language, Epstein and Segal...inject some much-needed context and evidence into the current debate about judicial appointments." -- The American Prospect
"Epstein and Segal...draw together a wealth of research and empirical findings from a plethora of studies, many of which they authored, and fold them into a compelling narrative that examines all levels of the judiciary.... This book combines the best features of past studies on judicial appointments. It is also very accessible for students and citizens interested in the judicial branch." -- Law and Politics Book Review
"Thoughtful and illuminating.... Qualifications matter-as much today as they have in the past. (In that sense, President Bush might have done well to read Advice and Consent before nominating the ill-fated Miers.)? -- Chronicle of Higher Education
"A thorough look at the process, politics and presidential aspects of court appointments. Witty yet well-informed, Professors Epstein and Segal give an insight into the whys and wherefores of federal judge appointments." -- www.mayitpleasethecourt.com
A much-needed honest examination of the politics of judicial appointmentsReview Date: 2006-02-25
In total, Epstein and Segal have produced an excellent, brief study that is empirically sound and unbiased. While current Republicans are shown to be hypocrites, the same is dealt to Democrats. For example, many of the Democrats pushing filibusters recently complained strongly against this practice when Republicans used it in the 90s; many Republicans who complained about stalling in the Bush I administration, used the same tactics during the Clinton years and then changed the rules to make the Bush II administration's appointments easier. This is a treasure trove of empirical analysis of appointments that will not disappoint anyone looking for the facts of the situation instead of partisan talking points.
A Super Introduction to Judicial AppointmentsReview Date: 2005-09-16

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EXCELLENT SOURCEReview Date: 2007-10-08
Necessary Information for a necessary processReview Date: 2006-07-04
A thorough and well-written guide to impeachmentReview Date: 1998-08-23
Well written overview for both lawyers and general readers.Review Date: 1998-10-05
Prof. Gerhardt includes excellent signposts for further research into the innumerable Constitutional questions raised. The work is a well-constructed combination of law text and book for the general reader with a scholarly turn of mind. Each section is prefaced by a brief statement of its objective of the sort found at the start of scholarly papers. The annotations and bibliography arewell done.
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BrilliantReview Date: 2005-08-14
Epstein, a law professor at the University of Chicago, begins his book by examining briefly the purpose of the clause and the power of eminent domain, invoking Lockean and Hobbesian theories of the state. After a cursory look at originalist theories of constitutional interpretation, dismissed as unworkable, Epstein has distilled the clause down to its theoretical underpinnings. This is the stepping point, the beginning of a masterful journey through American jurisprudence, which touches upon such varied fields as nuisance, tort, regulation, welfare, taxation, and police power.
His theory is simple in its particulars, essentially reduced to a few theories of representative government: 1. the state stands no better legally than the citizens it represents: its rights are merely the rights of its citizens in summation, and 2. the change in wealth from the primordial state of nature to the civilized body under government must not only increase, but the proportion between the shares of each individual must remain the same: that is to say, the distribution matters as rightly as the sum.
Simple as his premises are, the book is by no means humble in its application, and his conclusions are in no sense lacking for justification. Epstein's logic is buttressed at every turn by law review articles, often complex economic analyses, and veins of political science. His conclusions are not incontrovertible, but they are indeed mighty.
He brings this approach to what seems to be nearly every aspect of common and constitutional law (antitrust law being the one exception I noticed), all through the eye of the clause. Chapters stand on their own: one is barely aware of the arch of the grand overall argument until the final chapters, when the logic calmly leads us down lanes to ends we would dare not consider at the beginning of the book. But even then the approach is characteristically precise, honest, and stark.
The case is made for a society more libertarian, but it is not borne from the insipid koan of "non-aggression," but rather structured upon modern economic analytic techniques, the lessons of the common law, calculus both utilitarian and Kantian. Nevertheless, this is, to be sure, a legal book, despite the invasion of philosophy and social science. Supreme Court cases are introduced and appraised, Latin terms of art are utilized, the earthy grounding of common law precedent and principles will never be far away. It is only in the final and initial chapters that Epstein examines explicitly political philosophy, Nozickian, Rawlsian, and civil republican theories, and the implications his arguments bear when considered by their lights.
The legal center of the book will doubtlessly make it easier for lawyers to digest. The political implications will doubtlessly make it a better meal for libertarians than other political classes. Nevertheless, the layman will find much within to pique his interest (or enrage it), and any one with an appreciation of the excellent would do well to admire Epstein's arguments.
Something must be said for the author's style; it is certainly an academic one. Epstein does not use excess words, and will not waste ink restating a point already made. Superfluous sentences have not been included: every phrase exists as a necessary brick in the overall argument. The author throws no lifelines to his readers if they are confused, does not repeat what you were foolish enough to briskly skim over before, nor does he flash italics or CAPS when his points are particularly important. His manner is confident, never arrogant. If his argument has a weakness, he acknowledges the weakness and moves on without wasting more words. For example, perhaps my favorite passage:
But there is in fact good reason to recognize the practical strengths of the maxim [a common law principle of riparian rights], even if it does not capture an ultimate truth. That the rule bridges the gap between is and ought is hardly a demerit, for every rule of entitlement so functions. Better there be a connection between is and ought than no connection between ought and anything of interest in the external world. For dealing with the eminent domain clause, it is surely preferable to recognize a system of rights already in place than to invent one to replace it.
It is a dense and rewarding style. And it is a dense and rewarding read. Those looking for a comprehensive judicial philosophy may find it here entirely; those who already have one will find much to assimilate into the whole.
The final lines, which trickle by with characteristic understatement, and the final snap of the book's covers, left me in awe. I cannot recommend Takings highly enough.
A classic.Review Date: 1998-08-02
James V. DeLong
Well-arguedReview Date: 2001-07-16
The heart of Epstein's claim is that _anything_ the government does that imposes any sort of "cost" on anybody amounts to a "taking" for which the Constitution requires just compensation. We all know how this is supposed to work as applied to the usual exercise of eminent domain. But Epstein casts his net wide and argues that the takings clause applies to all sorts of things you never would have thought of -- welfare programs, rent control, jiggery-pokery with the national currency, you name it.
The impact of the book is evident mainly through "negative" evidence. For example, some readers may recall that during the Clarence Thomas hearings, somebody asked Thomas if he believed the stuff in this book (as the Congresscritter in question clearly did not). I think Thomas managed to duck the question, but the point was made. And at any rate, it tells you something that somebody found it important to _ask_ the question in the first place.
Then, too, my own property-law casebook remarks somewhere near the end that Epstein's views on "takings" have not been found convincing by too many people. Interesting that the book still finds it necessary to mention his work, then.
So check it out. Sure, it's radical, and (let's admit it frankly) it's probably not a correct interpretation of the framers' intent. But if you're not a tax-and-spend Congresscritter, maybe you'll find it as pregnant and alluring a suggestion as I do. And it's one of Epstein's best books; I think he wrote it before he had completely converted to utilitarianism. You don't have to agree with it, but you should at least learn why Federalistas are afraid of it.
More than it might seemReview Date: 2008-03-19
Takings is the best reasoned critique of modern transfer states that I have seen. This is one of a few books that has really changed the way I think about political economy. Every Law and Public Policy student should read this book, as should David Souter.

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S.O.S. A first hand review from a survivor :Review Date: 2000-12-03
Regards and my respect to the author ;
S.O.S. A first hand review from a survivor :Review Date: 2000-12-03
Regards and my respect to the author ;
Whistleblower Lesson #1 - Buy this book TODAY!Review Date: 2002-06-23
Mr. Kohn leads you through the maze of mistakes that you're going to make, and allows you to gain control of your situation.
It's written for everyone to read. I read it overnight.
When you get done reading it, get a copy for your lawyer.
The amount of information contained in this book will assist both of you immediately. A RARE find. Thank you Mr. Kohn.

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A no-nonsense reference to the terms and proceduresReview Date: 2004-01-12
Meeting Procedures for everyoneReview Date: 2003-04-22
An attractive alternativeReview Date: 2003-05-03
Where RONR has pages of rules for special cases (which ~do~ come up), Lochrie takes a different approach. A group using "Meeting Procedures" will find special rules are easier to adopt (2/3 vote, no notice), so that special cases can be handled by individual groups with special rules as they are required, allowing the book to be more streamlined. For example, there are no rules in this book on disciplinary procedures (trials). These things (thankfully) rarely come up, and an organization using Lochrie's book could adopt special rules for the proceedings when and if they do.
Elections, something that does come up, is thoroughly covered, including detailed examples. Also covered is the interesting subject of "election paradoxes", and how to cope with them with various voting methods (e.g. the Borda count).
Included with the book are a section with answers to some common parliamentary questions, sample minutes, a sample committee report and sample convention rules. One thing that seems to be missing is a sample set of bylaws, but one can find such things on the internet (with varying degrees of quality though!).
Overall, a wonderful book, even if your group prefers RONR or another authority.
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The People's Guide to the US ConstitutionReview Date: 2008-07-21
A top pick for community library collections dealing with politics and easy to use guides.Review Date: 2008-05-07
Great Book!!Review Date: 1998-01-01

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Courts & CongressReview Date: 2008-08-23
Professor Quirk's Courts & Congress artfully traces the history of our Republic and takes the reader from the founding principles upon which our country was founded to our present state of affairs. Through what the author terms the Happy Convention he shows us how Congress has allowed the Supreme Court and the President to take away the power the founders so clearly wanted to rest with the people through their elected representatives.
Courts & Congress not only gives the reader an insightful analysis of the major Supreme Court decisions but explains to us how in so many cases these issues would have been better decided by Congress. Professor Quirk reminds us that constitutionally the Courts derive their powers from Congress and constitutionally the only cases where the Supreme Court was originally granted jurisdiction were cases between the states and those involving ambassadors. Likewise Professor Quirk succinctly explains how Congress has failed to curtail the President's ever increasing powers. This is notably illustrated by the author by the fact in recent years we have had three very unpopular wars Korea, Vietnam, and now Iraq. Congress easily could have stopped these conflicts simply with the power of the purse or with legislation but did not have the will. The author ably contrasts these wars with World War II when the people through their elected representatives got behind the President and Congress through the constitutional process declared war.
Professor Quirk does a masterful job of providing historical insight not only to the constitutional scholar by carefully citing the founders beliefs and goals (largely from the Federalist Papers) but also brings a practical touch by explaining to the wider audience how the modern day hot button issues would be better resolved by the people through their elected representatives. He reminds us if the people have a say they are more likely to buy in to the result. Courts & Congress is a must read for anyone seriously interested in how we are governed, and how we can return to the type of government the founders envisioned.
Alan Reyner
Columbia, South Carolina
A stunning Expose'!Review Date: 2008-07-03
Professor Quirk even makes a case for making The Happy convention legal by giving the Supreme Court appellate jurisdiction in all constitutional cases - in other words, wherever constitutional questions come into play simply accept the fact that the Supreme Court has supplanted Congress and has become the arbiter - for this reader at least, an unfortunate state of affairs in the evolution of our beloved Republic.
Thomas D. Cherubini MD
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