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Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
On April 15, 1920, Parmenter, a paymaster, and Berardelli, his guard, were fired upon and killed. Sacco and Vanzetti were charged on May 5, 1920, with the crime of the murders, were indicted on September 14, 1920, and put to trial May 31, 1921, at Dedham, Norfolk County, Massachusetts. compare pages [3]-8.
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PULITZER PRIZE FINALIST • The gripping true story of a murder on an Indian reservation, and the unforgettable Arikara woman who becomes obsessed with solving it—an urgent work of literary journalism. “I don’t know a more complicated, original protagonist in literature than Lissa Yellow Bird, or a more dogged reporter in American journalism than Sierra Crane Murdoch.”—William Finnegan, Pulitzer Prize–winning author of Barbarian Days In development as a Paramount+ original series WINNER OF THE OREGON BOOK AWARD • NOMINATED FOR THE EDGAR® AWARD • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The New York Times Book Review • NPR • Publishers Weekly When Lissa Yellow Bird was released from prison in 2009, she found her home, the Fort Berthold Indian Reservation in North Dakota, transformed by the Bakken oil boom. In her absence, the landscape had been altered beyond recognition, her tribal government swayed by corporate interests, and her community burdened by a surge in violence and addiction. Three years later, when Lissa learned that a young white oil worker, Kristopher “KC” Clarke, had disappeared from his reservation worksite, she became particularly concerned. No one knew where Clarke had gone, and few people were actively looking for him. Yellow Bird traces Lissa’s steps as she obsessively hunts for clues to Clarke’s disappearance. She navigates two worlds—that of her own tribe, changed by its newfound wealth, and that of the non-Native oilmen, down on their luck, who have come to find work on the heels of the economic recession. Her pursuit of Clarke is also a pursuit of redemption, as Lissa atones for her own crimes and reckons with generations of trauma. Yellow Bird is an exquisitely written, masterfully reported story about a search for justice and a remarkable portrait of a complex woman who is smart, funny, eloquent, compassionate, and—when it serves her cause—manipulative. Drawing on eight years of immersive investigation, Sierra Crane Murdoch has produced a profound examination of the legacy of systematic violence inflicted on a tribal nation and a tale of extraordinary healing.