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Law and Leviathan
- Redeeming the Administrative State
- Narrated by: Mike Chamberlain
- Length: 4 hrs and 57 mins
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Publisher's summary
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions.
Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.
These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law.
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Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.
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Ruined by obvious bias
- By M. E. Blackman on 10-07-19
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The Constitution
- An Introduction
- By: Michael Stokes Paulsen, Luke Paulsen
- Narrated by: Walter Dixon
- Length: 14 hrs and 31 mins
- Unabridged
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
- By Robert on 06-12-15
By: Michael Stokes Paulsen, and others
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The Majesty of the Law
- Reflections of a Supreme Court Justice
- By: Sandra Day O'Connor
- Narrated by: Bernadette Dunne
- Length: 9 hrs and 30 mins
- Unabridged
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In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions.
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Informative and well-written
- By James on 07-11-05
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The Bill of Rights Primer
- A Citizen's Guidebook to the American Bill of Rights
- By: Akhil Reed Amar, Les Adams
- Narrated by: Tim Lundeen
- Length: 8 hrs and 5 mins
- Unabridged
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.
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At this length, basic; but at that, great
- By Philo on 06-10-15
By: Akhil Reed Amar, and others
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The Supremes' Greatest Hits, 2nd Revised & Updated Edition
- The 44 Supreme Court Cases That Most Directly Affect Your Life
- By: Michael G. Trachtman
- Narrated by: Jonathan Yen
- Length: 7 hrs and 20 mins
- Unabridged
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The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.
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Nice review overall.
- By "freeindeed4ever" on 02-10-20
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The Great Delusion
- Liberal Dreams and International Realities
- By: John J. Mearsheimer
- Narrated by: Noah Michael Levine
- Length: 9 hrs and 8 mins
- Unabridged
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In this major statement, the renowned international-relations scholar John Mearsheimer argues that liberal hegemony, the foreign policy pursued by the United States since the Cold War ended, is doomed to fail. It makes far more sense, he maintains, for Washington to adopt a more restrained foreign policy based on a sound understanding of how nationalism and realism constrain great powers abroad.
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Dense, fact filled, sober analysis and prescription
- By John Brynjolfsson on 12-15-18
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How Alexander Hamilton Screwed Up America
- By: Brion McClanahan
- Narrated by: Thomas Rosenfeld
- Length: 7 hrs and 39 mins
- Unabridged
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He is the star of a hit Broadway musical, the face on the 10-dollar bill, and a central figure among the founding fathers. But do you really know Alexander Hamilton? Rather than lionize Hamilton, Americans should carefully consider his most significant and ultimately detrimental contribution to modern society: the shredding of the United States Constitution. Connecting the dots between Hamilton's invention of implied powers in 1791 to transgender bathrooms and same-sex marriage today, Brion McClanahan shows the origins of our modern federal leviathan.
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Thank You Audible
- By No to Statism on 10-03-18
By: Brion McClanahan
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Hitler's American Model
- The United States and the Making of Nazi Race Law
- By: James Q. Whitman
- Narrated by: James Anderson Foster
- Length: 5 hrs and 36 mins
- Unabridged
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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.
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Did not we suspect this?
- By dessa on 11-04-18
By: James Q. Whitman
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
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The Constitution Today
- Timeless Lessons for the Issues of Our Era
- By: Akhil Reed Amar
- Narrated by: Mike Chamberlain
- Length: 19 hrs and 41 mins
- Unabridged
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When the stories that lead our daily news involve momentous constitutional questions, present-minded journalists and busy citizens cannot always see the stakes clearly. In The Constitution Today, Akhil Reed Amar, America's preeminent constitutional scholar, considers the biggest and most bitterly contested debates of the last two decades. He shows how the Constitution's text, history, and structure are a crucial repository of collective wisdom, providing specific rules and grand themes relevant to every organ of the American body politic.
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Amar is a Brilliant Arguer
- By MJ Schirmer on 11-16-16
By: Akhil Reed Amar
What listeners say about Law and Leviathan
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- jpasser
- 01-05-21
Tmely contributio to the theory of the rule of law
Brilliant, balanced and timely contribution to the theory of the rule of law, especially in the current political climate. We seem to have come a full circle from the 1920 debates and here we are in 2021 reexamining may of the same issues.
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- Nathaniel Polley
- 04-06-22
This Might Not Be For Me, But Here's What I Think
Edit: I just encountered my own review again. Its a bit of a rambling mess. I attribute this to the fact it was written on a smartphone. I do not have time to edit it. Mea Culpa.
Law and Leviathan is a dense book, with concepts that, for myself at least, will require multiple readings. I am not a lawyer. I am not in any way educated on law, outside of what I might have gleaned from conversations and articles here and there, and whatever I need to know to do my job (as a journalist).
The chief criticism (which may itself be a result of my lack of experience), is the paucity of examples. Repeatedly, the authors refer to ways in which one of the two main deferences referenced (Auer and Chevron) or another legal principle need not be interpreted in X way, and mention how it could be naturally interpreted in some other manner.
I was repeatedly stuck wondering what they could possibly be referring to, and assuming that some professional in their field would naturally know... but I did not.
Could I be a victim of trying to read a document not written for myself? Certainly. But perhaps my criticism helps the authors, for whom I have respect.
A secondary criticism of mine, stemming possibly again from ignorance, is that one of the chief criticisms of the Neo-Classical interpretation (which itself I had only a non-legal comprehension and of which no deeper explanation was given) was that it offered no solid avenue forward for the law, even if it were a solid theory. I had no idea what to make of this. I don't even know what that means. Perhaps if I ever interact with Dr. Vermuele again online I'll have to ask him, but as I see it, if it is a solid theory, it would naturally offer an avenue forward. And what's more, should we even continue to support a legal framework that drifted away from a solid moral theory? It seemed to me, that the whole thesis of the book, though reluctant to frame itself in such blatant terms, was that the internal morality of law offered sufficient grounds to counter the criticisms levied against the administrative state as established under the APA--that that morality was both binding on the operation of law, and could independently justify (to a certain degree) anything that adhered to it.
As another aside, due to the sheer number of unfamiliar terms and the fact that some of them are homophones (Auer specifically), it was rather difficult to digest this book than perhaps it might have been outside of an audiobook format.
Despite my criticisms, don't let that prevent you from enjoying this work. I certainly enjoyed it overall.
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- Meghan
- 07-23-23
A Fairly Stong, but Succinct Defense of Agencies
Very well done book on the connection between Lon Fuller's work and administrative law.
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