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You shall thank Alan Dershowitz for writing this [valuable] book.--Stephen Breyer, Former Associate Justice of the Supreme CourtIf reliable but uncertain intelligence predicted a mass casualty terrorist attack and indicated likely suspects, what preventive actions would be constitutionally authorized? Detention? Interrogation? Torture? What if the attack involved a weaponized virus? Should the government compel widespread inoculation that might kill hundreds of people while saving millions? What if an article describing how to circumvent the inoculation mandate was about to be published? Should censorship of the article be authorized? These are the sort of questions Alan Dershowitz has been asking for more than 60 years, in his teaching, writing, and litigation. Now, at age 86, he has written his magnum opus. In it, he suggests an overarching jurisprudential framework that would set limits to the ballooning power of what he calls "the preventive state." This important book offers unprecedented insights into one of the most underexamined developments of our age: the growing magnitude and frequency of cataclysmic threats, coupled with the increasingly effective--but increasingly intrusive--tools intended to predict and prevent them. Dershowitz responds to the urgent need for a jurisprudence that provides balance and accountability as both threats and preventive capabilities increase, threatening our security and our liberties. This masterful analysis should be read by everyone who cares about security, liberty, and democracy.
In Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law, Alan Dershowitz—#1 New York Times bestselling author and one of America’s most respected legal scholars—analyses the unremitting efforts by political opponents of Donald Trump to “get” him—to stop him from running in 2024—at any cost. Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. Get Trump makes clear that unconstitutional efforts to stop Trump from retaking the presidency challenge the very foundations of our liberty: due process, right to counsel, and free speech. Those who justify these dangerous departures from the rule of law argue that the threat posed by a second Trump presidency is “different” and “immediate,” while the departures from constitutional norms are longer term and more abstract. Dershowitz explains that defenders of Trump’s constitutional rights—even those like him who oppose Trump politically—are sought to be silenced; their free speech rights attacked, their integrity questioned, and their careers threatened. Much of the media substitutes advocacy against Trump for objective reporting, while many in academia petition and propagandize against rights they previously valued—all in the interest of getting Trump. The essence of justice is that it must be equally applicable to all, Dershowitz notes. No one is above the law but digging to find crimes in order to influence an election does not constitute the equal application of the law. In order to assure equal application in comparable situations, he proposes two criteria for indicting a likely candidate of the opposing party: the Richard Nixon standard and the Hillary Clinton standard—and most recently, the Joe Biden standard. Get Trump warns that regardless of whether this anti-democratic effort to stop Trump from running succeeds or fails, it is likely to create dangerous precedents that will lie around like loaded weapons ready to be deployed against other controversial candidates, officials, or citizens about whom it can be argued that the danger they pose “is different.”
In Dershowitz on Killing: How the Law Decides Who Shall Live and Who Shall Die, Alan Dershowitz—New York Times bestselling author and one of America’s most respected legal scholars—examines the subjects of death, life, and the law. Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. His legal career as a criminal defense lawyer has been deeply involved with death and life decisions.Dershowitz on Killing is a timely examination of issues and questions that are front and center in today’s society. Employing a philosophical, moral, religious, and cultural lens to the legal aspects surrounding death and life, Dershowitz elucidates the role of government to determine who shall live and who shall die in declaring wars, ordering executions, authorizing deadly force, permitting or denying abortions, providing or mandating vaccines, controlling climate change, allowing or refusing asylum for endangered migrants, and other life and death rulings. He notes that when the government decides these choices, it is asked to do so by first determining whether a “right” is involved, because rights trump mere interest, just as constitutional restrictions trump legislative and executive actions. Dershowitz on Killing asserts that the rules governing death and life decisions should reflect the irreversibility of death. It is essential reading for anyone interested in or concerned about how these decisions are allocated among state and federal; executive, legislative, and judicial; private and governmental; religious and secular institutions—and how people in a democracy, through the power of the ballot, have the ultimate say in these critical decisions.
In The Case for Color-Blind Equality in an Age of Identity Politics, Alan Dershowitz-New York Times bestselling author and one of America's most respected legal scholars-analyzes the current battles over issues of diversity and our rapidly changing ideas about what true diversity is. Alan Dershowitz has been called "one of the most prominent and consistent defenders of civil liberties in America" by Politico and "the nation's most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights" by Newsweek. He is also a fair-minded and even-handed expert on civil liberties and constitutional rights, and in this book offers his knowledge and insight to help readers understand the war being waged against meritocracy and equal protection of the law by so-called progressive advocates. The Case for Color-Blind Equality in an Age of Identity Politics is an analysis of every aspect of the current fight against true diversity-diversity of philosophy, background, and opinion, rather than the more surface-level diversity of race, religion, and location. It examines the United States's history of systemic racism, debates about affirmative action, and ongoing reckoning with issues of bigotry against groups such as Asians, Blacks, and Jews, with an eye toward fairly balancing the concerns of a diverse populace. In the end, The Case for Color-Blind Equality in an Age of Identity Politics represents an icon in American law and politics exploring the current rapidly changing attitudes toward meritocracy, personal identity, and the preservation of civil liberties for all citizens, regardless of background, race, class, or creed. It is essential reading for anyone interested in or concerned about identity politics, racial issues, and true diversity and fairness in America.
In The Case Against the New Censorship: Protecting Free Speech from Big Tech, Progressives, and Universities, Alan Dershowitz—New York Times bestselling author and one of America’s most respected legal scholars—analyzes the current regressive war against freedom of speech being waged by well-meaning but dangerous censors and proposes steps that can be taken to defend, reclaim, and strengthen freedom of speech and other basic liberties that are under attack. Alan Dershowitz has been called “one of the most prominent and consistent defenders of civil liberties in America” by Politico and “the nation’s most peripatetic civil liberties lawyer and one of its most distinguished defenders of individual rights” by Newsweek. He is also a fair-minded and even-handed expert on the Constitution and our civil liberties, and in this book offers his knowledge and insight to help readers understand the war being waged against free speech by the ostensibly well-meaning forces seeking to constrain this basic right. The Case Against the New Censorship is an analysis of every aspect of the current fight against freedom of speech, from the cancellations and deplatformings practiced by so-called progressives, to the powerful, seemingly arbitrary control exerted by Big Tech and social media companies, to the stifling of debate and controversial thinking at public and private universities. It assesses the role of the Trump presidency in energizing this backlash against basic liberties and puts it into a broader historical context as it examines how anti-Trump zealots weaponized, distorted, and weakened constitutional protections in an effort to “get” Trump by any means. In the end, The Case Against the New Censorship represents an icon in American law and politics exploring the current rapidly changing attitudes toward the value of free speech and assessing potential ways to preserve our civil liberties. It is essential reading for anyone interested in or concerned about freedom of speech and the efforts to constrain it, the possible effects this could have on our society, and the significance of both freedom of speech and the battle against it in a greater historical and political context.
Drawing on biblical commentary from throughout the ages, the author shines a legal light on the stories from Genesis. What he reveals is how our shared tradition has formed our attitude toward modern day justice and why we are all engaged in a never-ending quest to separate right from wrong.
The renowned attorney and author of Chutzpah examines several of the most controversial and sensational court trials of the past thirty years, offering insight into how they have shaped present-day politics and society.
According to renowned defense attorney and Harvard law professor Alan M. Dershowitz, "abuse excuses" are enabling people to get away with murder - literally. From the Menendez brothers to Lorena Bobbitt, more and more Americans accused of violent crimes are admitting to the charges, but arguing that they shouldn't be held legally responsible. The reason: they're victims - of an abusive parent, a violent spouse, a traumatic experience, ethnic hatred, society at large, or anything else - who struck back at a real or perceived oppressor. And they couldn't help themselves, they say. In this provocative and important collection of essays, Dershowitz reviews a wide range of recent cases - including those of O. J. Simpson, Tonya Harding, and Woody Allen - and argues that the current vogue in victim defenses is antithetical to the ideals of our constitutional democracy. For Dershowitz, the foundations of American society are individual responsibility and the rule of law. And people who claim to be above the law - whatever the excuse - are no more than vigilantes.
One of the foremost courtroom lawyers of his generation. Alan M. Dershowitz takes controversial stands based on the principle of equal justice for all. Along the way, he has authored the #1 New York Times bestseller Chutzpah; the bestselling account of the Claus von Bulow case Reversal of Fortune; and the bestselling courtroom drama The Advocate's Devil. Now Dershowitz has written a novel that is at once personal, passionate, and towering: an explosive legal thriller that pits Dershowitz's literary alter ego, attorney Abe Ringel, against the worst crime of the twentieth century -- the Holocaust.What if you witnessed the most abominable deeds that human beings can inflict upon each other? What if you came face-to-face with the very man who had slaughtered your family before your eyes? That is the question confronted by a celebrated professor named Max Menuchen. Max has found the man who had killed his entire family in cold blood more than a half century before. Max, who has never before broken a law, cannot turn down his chance for revenge.In 1943 Marcellus Prandus was a Lithuanian militia captain who carried out the blood-thirsty orders of his Nazi commanders during World War II. Today he is an old man living outside Boston. For Max, who has discovered Prandus's identity by chance, killing him is not enough, because Prandus is already dying of cancer. How can Max make Prandus suffer exactly as Max himself did? Can Max bring himself to assassinate Prandus's children and grandchildren and make the old man watch his family die, as Max himself was forced to do?By the time defense attorney Abe Ringel enters the case, Max has carried out an astounding act of revenge, and America'sgreat Holocaust trial has begun: an explosive legal and moral struggle to find the light of justice within the darkness of human evil. With Max facing almost certain conviction, Ringel desperately tries to prove his actions were justified. But this blockbuster trial is careening in a direction not even Abe can predict, giving new meaning to the ideas of both justice and revenge.In JUST REVENGE, Alan Dershowitz fuses his insider's legal knowledge with the passions of a man who has been personally touched by the Holocaust. Thought-provoking, brilliantly human, and undeniably gripping, here is a tale that only Alan Dershowitz could tell -- and that all of us must hear.
A gripping Middle East thriller unlike any other, by bestselling author Alan M. Dershowitz
"Where do our rights come from? Does "natural law" really exist outside of what is written in constitutions and legal statutes? If so, why are rights not the same everywhere and in all eras? On the oth"
With wit, humor, and decades of personal experiences from which to draw, Alan Dershowitz dispenses advice on career, law, and life in a book aimed at those just starting out in the legal profession.
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