false 699110 0 0 1494826 1595581332 9781595581334 3 <![CDATA[Less Safe, Less Free: The Failure of Pre-Emption in the War on Terror]]> http://photo.goodreads.com/books/1184246665m/1494826.jpg http://photo.goodreads.com/books/1184246665s/1494826.jpg http://www.goodreads.com/book/show/1494826.Less_Safe_Less_Free_The_Failure_of_Pre_Emption_in_the_War_on_Terror 3.33 9 A cogent critique of the new "preventive paradigm" in counterterrorism policy by two of the nation's leading legal scholars.

"If we wait for threats to fully materialize, we will have waited too long."—President George W. Bush, defending the National Security Strategy doctrine "preemptive war," Commencement Speech at West Point, June 1, 2002

In Steven Spielberg's science fiction thriller Minority Report, the Justice Department uses psychic visionaries to predict and prevent future crimes. President Bush has no psychic visionaries, but in fighting the war on terrorism his administration has nonetheless adopted a sweeping new "preemptive" strategy, which turns on the ability to predict the future.

At home and abroad, the administration has cut corners on fundamental commitments of the rule of law in the name of preventing future attacks—from "waterboarding" detainees, to disappearing suspects into secret CIA prisons, to attacking Iraq against the wishes of the UN Security Council and most of the world when it posed no imminent threat of attacking us.

In this brilliantly conceived critique, two of the country's preeminent constitutional scholars argue that the great irony is that these sacrifices in the rule of law, adopted in the name of prevention, have in fact made us more susceptible to future terrorist attacks. They conclusively debunk the administration's claim that it is winning the war on terror and offer an alternative strategy in which the rule of law is an asset, not an obstacle, in the struggle to keep us both safe and free.]]> 31547 3.97 198 23 699110 3.25 12 3 2007 1753899 0814751121 9780814751121 0 <![CDATA[Success Without Victory: Lost Legal Battles and the Long Road to Justice in America]]> http://photo.goodreads.com/books/1187756737m/1753899.jpg http://photo.goodreads.com/books/1187756737s/1753899.jpg http://www.goodreads.com/book/show/1753899.Success_Without_Victory_Lost_Legal_Battles_and_the_Long_Road_to_Justice_in_America 3.00 3 View the Table of Contents. Read the Introduction.

"This eloquent and moving memoir raises profound questions about law, justice, tradition, and community; the path to constructive social change; and not least, how to live a decent life. It is an inspiring story, with many valuable lessons to ponder."—Noam Chomsky

"Success Without Victory is thoughtful and provocative, and I highly recommend it. It is highly readable, includes fascinating stories centered on powerful personalities and the sustained reflection on unilateral presidential war-making powers is timely."
—Law and Politics Book Review

"A vivid illustration. The book makes a valuable contribution to our evolving understanding of the work of cause lawyering and the significance of test case litigation. It stands as a beacon of hope in an era dominated by pessimism about the capacity of law and lawyers to contribute to progressive social change."
—American Historical Review

"An intriguing cultural analysis."
—Bookwatch

"For the author in this compelling book, success and failure are not determined by the immediate outcome of a given case; a lawsuit can be deemed successful if it arises from and gives expression to a valid principle and if it promotes culture of rights."
—Publishers Weekly

"Excellent. His work is prophetic and should inspire a new generation to choose law as an alternative to war."
—Federal Lawyer

"Remarkable. Jules Lobel takes his rightful place alongside the line of lawyers opting for the difficult path of bringing contentious issues into the public forum."
—New York Law Journal

"Lobel provides a lively account of several important but relatively unknown cases. The stories are fascinating and will engage litigators who love the details of brief-writing, the tension of last-minute deadlines, the strategies for oral argument, and the drama of judicial decision-making."
—Trial

Winners and losers. Success and failure. Victory and defeat. American culture places an extremely high premium on success, and firmly equates it with winning. In politics, sports, business, and the courtroom, we have a passion to win and are terrified of losing.

Instead of viewing success and failure through such a rigid lens, Jules Lobel suggests that we move past the winner-take-all model and learn valuable lessons from legal and political activists who have advocated causes destined to lose in court but have had important, progressive long term effects on American society. He leads us through dramatic battles in American legal history, describing attempts by abolitionist lawyers to free fugitive slaves through the courts, Susan B. Anthony's trial for voting illegally, the post-Civil War challenges to segregation that resulted in the courts' affirmation of the separate but equal doctrine in Plessy v. Ferguson, and Lobel's own challenges to United States foreign policy during the 1980s and 1990s.

Success Without Victory explores the political, social, and psychological contexts behind the cases themselves, as well as the eras from which they originated and the eras they subsequently influenced.

]]> 699110 3.25 12 3 2004 1753900 0853457395 9780853457398 0 <![CDATA[A Less Than Perfect Union: Radicals and the U. S. Constitution]]> http://www.goodreads.com/images/nocover-111x148.jpg http://www.goodreads.com/images/nocover-60x80.jpg http://www.goodreads.com/book/show/1753900.A_Less_Than_Perfect_Union_Radicals_and_the_U_S_Constitution 0.0 0 699110 3.25 12 3 1987 2083298 0814751911 9780814751916 0 <![CDATA[Success Without Victory: Lost Legal Battles and the Long Road to Justice in America]]> http://www.goodreads.com/images/nocover-111x148.jpg http://www.goodreads.com/images/nocover-60x80.jpg http://www.goodreads.com/book/show/2083298.Success_Without_Victory_Lost_Legal_Battles_and_the_Long_Road_to_Justice_in_America 0.0 0 View the Table of Contents. Read the Introduction.

"This eloquent and moving memoir raises profound questions about law, justice, tradition, and community; the path to constructive social change; and not least, how to live a decent life. It is an inspiring story, with many valuable lessons to ponder."—Noam Chomsky

"Success Without Victory is thoughtful and provocative, and I highly recommend it. It is highly readable, includes fascinating stories centered on powerful personalities and the sustained reflection on unilateral presidential war-making powers is timely."
—Law and Politics Book Review

"A vivid illustration. The book makes a valuable contribution to our evolving understanding of the work of cause lawyering and the significance of test case litigation. It stands as a beacon of hope in an era dominated by pessimism about the capacity of law and lawyers to contribute to progressive social change."
—American Historical Review

"An intriguing cultural analysis."
—Bookwatch

"For the author in this compelling book, success and failure are not determined by the immediate outcome of a given case; a lawsuit can be deemed successful if it arises from and gives expression to a valid principle and if it promotes culture of rights."
—Publishers Weekly

"Excellent. His work is prophetic and should inspire a new generation to choose law as an alternative to war."
—Federal Lawyer

"Remarkable. Jules Lobel takes his rightful place alongside the line of lawyers opting for the difficult path of bringing contentious issues into the public forum."
—New York Law Journal

"Lobel provides a lively account of several important but relatively unknown cases. The stories are fascinating and will engage litigators who love the details of brief-writing, the tension of last-minute deadlines, the strategies for oral argument, and the drama of judicial decision-making."
—Trial

Winners and losers. Success and failure. Victory and defeat. American culture places an extremely high premium on success, and firmly equates it with winning. In politics, sports, business, and the courtroom, we have a passion to win and are terrified of losing.

Instead of viewing success and failure through such a rigid lens, Jules Lobel suggests that we move past the winner-take-all model and learn valuable lessons from legal and political activists who have advocated causes destined to lose in court but have had important, progressive long term effects on American society. He leads us through dramatic battles in American legal history, describing attempts by abolitionist lawyers to free fugitive slaves through the courts, Susan B. Anthony's trial for voting illegally, the post-Civil War challenges to segregation that resulted in the courts' affirmation of the separate but equal doctrine in Plessy v. Ferguson, and Lobel's own challenges to United States foreign policy during the 1980s and 1990s.

Success Without Victory explores the political, social, and psychological contexts behind the cases themselves, as well as the eras from which they originated and the eras they subsequently influenced.

]]> 699110 3.25 12 3 2006 6336021 1595584153 9781595584151 0 <![CDATA[Less Safe, Less Free: Why America Is Losing the War on Terror]]> http://photo.goodreads.com/books/1255827345m/6336021.jpg http://photo.goodreads.com/books/1255827345s/6336021.jpg http://www.goodreads.com/book/show/6336021-less-safe-less-free 0.0 0 Winner of the first Roy C. Palmer Civil Liberties Prize, the book Zbigniew Brzezinski calls "a timely and unsparing exposure of the disastrous consequences of the 'war on terror' demagogy of the Bush administration."

In this brilliantly conceived critique, two of the country's leading constitutional scholars argue that the Bush administration's preemptive approach to domestic and international security has not only compromised our character but has in fact made us more vulnerable to future terrorist attacks.

In a groundbreaking analysis of efforts employed in the name of protecting its citizens—preventive detention, coercive interrogation, pretextual prosecutions, registration of Arab and Muslim men, and preventive war—law professors David Cole and Jules Lobel expose the government's abysmal record of failed prosecutions and empty successes. The authors argue that these results, when coupled with the resentment such coercive tactics have engendered throughout the world, have left us less safe than we would be had we employed a more sensible and less controversial preventive strategy. The book concludes by proposing an alternative preventive strategy to guide us into the future.

Already standard reading for those who question the idea that "war" is the appropriate response to terrorism, Less Safe, Less Free offers an eloquent and original argument for a return to the rule of law.]]> 31547 3.97 198 23 699110 3.25 12 3 2009