Overcoming Law

Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.

How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy. Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law. Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics. The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.

By sharing her personal journey through the pain she has suffered at the hands of her perpetrators, author Erin Merryn proves that one person can make a difference in the lives of others. Simply by speaking out and bringing the subject of child sexual abuse to the forefront, she has created a wave of change—change not only in legislature, but also in the hearts of those around her and the world. In this thought-provoking book, readers will discover an in-depth, personal account of Erin's story and how—through using positive outlets—she was able to rebuild her life and heal from a childhood filled with sexual abuse. Part memoir, part resource guide, Erin shares with readers key organizations that provide essential support for victims and caregivers, warning signs that a child who is being abused might display, and why Erin's Law is so essential.

Strategies for overcoming clock-watching clients, spilled coffee, and other sales nightmaresand closing the sale Selling is tough, and what can go wrong often will. Successful salespeople know they must prepare themselves for every potential deal-killer. Beating the Deal-Killers provides situation-specific advice for anticipating problems, handling them deftly, and returning everyone's attention to the matter at handcompleting the sale. More than just a valuable troubleshooting guide, however, this book by award-winning sales executive Stephen Giglio gives sales pros firsthand techniques they can put into action at their next sales meeting. Battleproven tips and pointers include: How to prepare for a relaxed yet take-charge sales call Techniques, actions, and phrases for motivating a prospect 10 effective ways to field objections

An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.