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Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
This volume documents the Sudanese government's campaign of genocidal attacks and forced starvation against the people of the Nuba Mountains in the late 1980s and early 1990s. Genocide by Attrition provides powerful insights and analysis of the phenomenon and bears witness to ongoing atrocities. This second edition features more interviews, a new introduction, and a revised and more detailed historical overview. Among the themes that link most of the interviews are: the political and economic disenfranchisement of the Nuba people by the government of Sudan; the destruction of villages and farms and the murder and deaths of the Nuba people; the forced relocation into so-called "peace camps" and the impact of forced starvation. The book also documents the frustration of the Nuba people at being left out of the Comprehensive Peace Agreement signed between the South and the North in 2005, President Omar al Bashir's threats against the Nuba people, and the crisis in the Nuba Mountains since June 2011. Genocide by Attrition provides a solid sense of the antecedents to the genocidal actions in the Nuba Mountains. It introduces the main actors, describes how the Nuba were forced into starvation by their government, and tells how those who managed to survive did so. Samuel Totten provides a valuable resource to study the imposition of starvation as a tool of genocide.
A history of World War I and an analysis of its causes & effects, plus how the conflict was fought. The Great War of 1914–1918 was the first mass conflict to fully mobilize the resources of industrial powers against one another, resulting in a brutal, bloody, protracted war of attrition between the world’s great economies. Now, one hundred years after the first guns of August rang out on the Western front, historian William Philpott reexamines the causes and lingering effects of the first truly modern war. Drawing on the experience of front line soldiers, munitions workers, politicians, and diplomats, War of Attrition explains for the first time why and how this new type of conflict was fought as it was fought; and how the attitudes and actions of political and military leaders, and the willing responses of their peoples, stamped the twentieth century with unprecedented carnage on—and behind—the battlefield. War of Attrition also establishes link between the bloody ground war in Europe and political situation in the wider world, particularly the United States. America did not enter the war until 1917, but, as Philpott demonstrates, the war came to America as early as 1914. By 1916, long before the Woodrow Wilson’s impassioned speech to Congress advocating for war, the United States was firmly aligned with the Allies, lending dollars, selling guns, and opposing German attempts to spread submarine warfare. War of Attrition skillfully argues that the emergence of the United States on the world stage is directly related to her support for the conflagration that consumed so many European lives and livelihoods. In short, the war that ruined Europe enabled the rise of America. Praise for War of Attrition A Wall Street Journal Best Non-Fiction Book of 2014 “An incisive, colorful book. . . . War of Attrition succeeds both as an argument and a gripping narrative.” —Geoffrey Wawro, author of A Mad Catastrophe “Philpott argues persuasively that the stunning victories of the last hundred days of the war were the result of a steep learning curve necessitated by earlier bloodbaths.” —The Wall Street Journal “An astute examination by an expert war historian that sifts through the collective theatres of attrition in this unprecedented slaughter.” —Kirkus Reviews
Offers an assessment of the first two decades of the twentieth century, and especially the First World War, that argues that these years played an essential part in the creation of a peaceful global order.
The Marine Corps Way of War examines the evolving doctrine, weapons, and capability of the United States Marine Corps during the four decades since our last great conflict in Asia. As author Anthony Piscitelli demonstrates, the USMC has maintained its position as the nation's foremost striking force while shifting its thrust from a reliance upon attrition to a return to maneuver warfare.In Indochina, for example, the Marines not only held territory but engaged in now-legendary confrontational battles at Hue, Khe Sanh. As a percentage of those engaged, the Marines suffered higher casualties than any other branch of the service. In the post-Vietnam assessment, however, the USMC ingrained aspects of Asian warfare as offered by Sun Tzu, and returned to its historical DNA in fighting "small wars" to evolve a superior alternative to the battlefield.The institutionalization of maneuver philosophy began with the Marine Corps' educational system, analyzing the actual battle-space of warfare--be it humanitarian assistance, regular set-piece battles, or irregular guerrilla war--and the role that the leadership cadre of the Marine Corps played in this evolutionary transition from attrition to maneuver. Author Piscatelli explains the evolution by using traditional and first-person accounts by the prime movers of this paradigm shift. This change has sometimes been misportrayed, including by the Congressional Military Reform Caucus, as a disruptive or forced evolution. This is simply not the case, as the analyses by individuals from high-level commanders to junior officers on the ground in Iraq, Afghanistan, and elsewhere, demonstrate. The ability of the Marines to impact the battlefield--and help achieve our strategic goals--has only increased during the post-Cold War era.Throughout The Marine Corps Way of War: The Evolution of the U.S. Marine Corps from Attrition to Maneuver Warfare in the Post-Vietnam Era, one thing remains clear: the voices of the Marines themselves, in action or through analysis, describing how "the few, the proud" will continue to be America's cutting-edge in the future as we move through the 21st Century. This new work is must-reading for not only every Marine, but for everyone interested in the evolution of the world's finest military force.
This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to justice while stimulating demand for services, and their efforts to regulate themselves while forestalling external control. Data on income and status illuminate the success of these efforts. Charting the dramatic transformation of the profession over the last two decades, Abel documents the growing number and importance of lawyers employed outside private practice (in business and government, as judges and teachers) and the displacement of corporate clients they serve. Noting the complexity of matching ever more diverse entrants with more stratified roles, he depicts the mechanism that law schools and employers have created to allocate graduates to jobs and socialize them within their new environments. Abel concludes with critical reflections on possible and desirable futures for the legal profession.
Faced with the ceaseless stream of news about war, crime, and terrorism, one could easily think this is the most violent age ever seen. Yet as bestselling author Pinker shows in this startling and engaging new work, just the opposite is true.
Whether you’re is a college junior facing the LSATs, a senior sitting with disappointing test scores, or someone who has always dreamed of a career in the law, there is too much at stake not to ask the hard questions about what lies ahead. In How to Get Into Law School, Susan Estrich lends her unique point of view and far-ranging experience-as ace law student, tenured professor, renowned legal scholar and analyst-to the life and career questions applicants will face, and answers them in the frank, no-nonsense manner that is her trademark. Featuring anecdotes from admissions directors, professors, veteran attorneys, and adventurous students alike, this is your indispensable how-to guide.