From the blurb for Neil Gorsuch, A Republic, If You Can Keep It (Crown Forum, Sept. 10, 2019):

Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong.

As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution.

Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today.

Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic.

A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

From the blurb for Law as Data: Computation, Text, and the Future of Legal Analysis (SFI Press, 2019):

In recent years,the digitization of legal texts and developments in the fields of statistics, computer science, and data analytics have opened entirely new approaches to the study of law. This volume explores the new field of computational legal analysis, an approach marked by its use of legal texts as data. The emphasis herein is work that pushes methodological boundaries, either by using new tools to study longstanding questions within legal studies or by identifying new questions in response to developments in data availability and analysis.By using the text and underlying data of legal documents as the direct objects of quantitative statistical analysis, Law as Data introduces the legal world to the broad range of computational tools already proving themselves relevant to law scholarship and practice, and highlights the early steps in what promises to be an exciting new approach to studying the law.

From the blurb for Kim Wehle, How to Read the Constitution–and Why (Harper, June 25, 2019):

The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common sense terms what is in the Constitution, and most importantly, what it means. In compelling terms, she describes how the Constitution’s protections are eroding—not only in express terms but by virtue of the many legal and social norms that no longer shore up its legitimacy—and why every American needs to heed to this “red flag” moment in our democracy.

This invaluable—and timely—resource covers nearly every significant aspect of the Constitution, from the powers of the President and how the three branches of government are designed to hold each other accountable, to what it means to have individual rights—including free speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to an abortion. Finally, the book explains why it has never been more important than now for all Americans to know how our Constitution works—and why, if we don’t step in to protect it now, we could lose its protections forever.

How to Read the Constitution and Why is essential reading for anyone who cares about maintaining an accountable government and the individual freedoms that the Constitution enshrines for everyone in America—regardless of political party.

The 2019 Edition of Ken Svengalis’ Legal Information Buyer’s Guide & Reference Manual (New England LawPress, June 2019) includes the most significant enhancements since the book was first published in 1996, including:

  • Invaluable introductions to each of 87 subject categories in Chapter 27, providing subject overview, sources of law, and useful Internet sites.
  • One hundred and twenty-eight (128) pages of new material, as well as updating of existing content, now totaling 1,147 pages in all.
  • More than 150 new treatises, reference titles, and other product reviews (Chapter 27).
  • Enhanced bibliographies of legal treatises in 87 subject areas (up from 67 in 2018), including more than 80 titles on Legal Research and Writing, and with new, used, electronic, or West Monthly Assured Print Pricing on more than 2,900 titles in all (Chapter 27).
  • Enhanced bibliography of legal reference titles (Chapter 22).
  • Updated bibliographies of state legal resources and research guides, including the cost of CALR offerings (Chapter 28).
  • Completely updated bibliographic data for all covered titles.
  • Completely updated cost and supplementation figures through 2019, with supplementation figures through 2018 (and 2019 for Matthew Bender).
  • Completely updated cost spreadsheet for supplemented titles (Appendix G).
  • Completely updated charts and tables reflecting 2018 corporate annual reports and pricing data.
  • Completely updated sample Westlaw and LexisNexis costs (Chapters 4 & 25).
  • Completely updated sample CALR costs for all vendors (Chapter 25).
  • Completely updated spreadsheet of published state statutory codes.
  • Recent industry developments and acquisitions, including profit margins (Chapter 2).
  • Updated information on Fastcase, Law360, and other Online providers.
  • Cumulative supplementation cost data going back 26 years — all at your fingertips — to guide your acquisitions and de-acquisitions decisions.
  • Special alerts of egregious price and supplementation cost increases in recent years.

Highly recommended.

From the blurb for Lawrence Lessig, Fidelity & Constraint: How the Supreme Court Has Read the American Constitution (Oxford UP, 2019):

The fundamental fact about our Constitution is that it is old — the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time.

In Fidelity & Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of “interpretive fidelity,” framed within each new temporal context.

Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls “fidelity to role.” In each of the cycles of translation that he describes, the role of the judge — the ultimate translator — has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge’s perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.

The first work of both constitutional and foundational theory by one of America’s leading legal minds, Fidelity & Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

From the blurb for Preet Bharara, Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and the Rule of Law (Knopf, March 19, 2019):

Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.

The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives.

Bharara uses anecdotes and case histories from his legal career–the successes as well as the failures–to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result).

Much of what Bharara discusses is inspiring–it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system–and in our society.

From the blurb for Kevin D. Ashley, Artificial Intelligence and Legal Analytics: New Tools for Law Practice in the Digital Age (Campridge UP, 2017):

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM’s Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book – designed to explain computational processes to non-programmers – describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.

From the blurb for Mark Chinen, Law and Autonomous Machines: The Co-evolution of Legal Responsibility and Technology (Edward Elgar Pub, May 31, 2019):

This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other.

As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines.

This book is a valuable resource for scholars and practitioners of legal doctrine, ethics and autonomous technologies, as well as legislators and policy makers, and engineers and designers who are interested in the broader implications of their work.

From the blurb for John Nichols, Horsemen of the Trumpocalypse: A Field Guide to the Most Dangerous People in America (Hachette Books, 2018):

A line-up of the dirty dealers and defenders of the indefensible who are definitely not “making America great again”. Donald Trump has assembled a rogue’s gallery of alt-right hatemongers, crony capitalists, immigrant bashers, and climate-change deniers to run the American government. To survive the next four years, we the people need to know whose hands are on the levers of power. And we need to know how to challenge their abuses. John Nichols, veteran political correspondent at the Nation, has been covering many of these deplorables for decades. Sticking to the hard facts and unafraid to dig deep into the histories and ideologies of the people who make up Trump’s inner circle, Nichols delivers a clear-eyed and complete guide to this wrecking-crew administration.

From the blurb for Michael Wolff, Siege: Trump Under Fire, (Henry Holt, June 4, 2019):

Michael Wolff, author of the bombshell bestseller Fire and Fury, once again takes us inside the Trump presidency to reveal a White House under siege.

With Fire and Fury, Michael Wolff defined the first phase of the Trump administration; now, in Siege, he has written an equally essential and explosive book about a presidency that is under fire from almost every side. A stunningly fresh narrative that begins just as Trump’s second year as president is getting underway and ends with the delivery of the Mueller report, Siege reveals an administration that is perpetually beleaguered by investigations and a president who is increasingly volatile, erratic, and exposed.

An excerpt from the executive summary of Building the Data-Driven Law Firm, ed. by Alex Davies (Ark Group, May 2019):

Despite the huge amount of data in the average law firm, data-driven decision-making is relatively new and uncharted. With the knowledge that some 90 percent of data in the world today was created in the last two years, this needs to change.

Building the data-driven law firm looks at how the use of data has become inextricably linked with the practice of law; how it can be utilized to the good and the safeguards that must be put in place to mitigate the bad; how Big Data will revolutionize the way lawyers work, and the cases they will work on; and how new uses for data (including blockchain and the Internet of Things) will influence the law firm of the future.

Table of Contents:

Chapter 1: The data-driven mindset – the culture and habits of data-centric organizations

By David Curle, Director, Enterprise Content – Technology and Innovation, Thomson Reuters Legal Executive Institute

Chapter 2: The richness – and bias – of legal data

By Thomas Hamilton, VP of strategy and operations at ROSS Intelligence

Chapter 3: How to use data to make your business better

By Holly Urban, CEO and co-founder, EffortlessLegal LLC

Chapter 4: Using machine learning and AI to improve legal practice and drive value to stakeholders and clients

By Aaron Crews, chief data analytics officer, Littler

Chapter 5: Unlocking contractual data

By Edward Chan, partner, Linklaters LLP

Chapter 6: Mining litigation data

By Josh Becker, founder, Lex Machina

Chapter 7: How data is transforming the relationship between lawyer and client

By Jennifer Roberts, manager, strategic research, InTapp

Chapter 8: Blockchain and the data-driven law firm

By Robert Millard, founder and partner, Cambridge Strategy Group

Chapter 9: Legal aspects of data

By Joanne Frears, solicitor, Lionshead Law

Chapter 10: How data will enable the shift towards the productization of legal services

By Simon Drane, managing director of earlsferry advisory, former executive director of business development at the Law Society and LexisNexis

From the blurb for John Paul Stevens, The Making of a Justice: Reflections on My First 94 Year (May 14, 2019):

When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring in total more than 1000 opinions. In THE MAKING OF A JUSTICE, John Paul Stevens recounts the first ninety-four years of his extraordinary life, offering an intimate and illuminating account of his service on the nation’s highest court.

Appointed by President Gerald Ford and eventually retiring during President Obama’s first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society.

With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, as well as a behind-the-scenes look at some of the most important Supreme Court decisions over the last four decades, THE MAKING OF A JUSTICE offers a warm and fascinating account of Justice Stevens’ unique and transformative American life.This comprehensive memoir is a must read for those trying to better understand our country and the Constitution.

From the blurb for Andrew Coan, Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law (Oxford UP, 2019):

In this exceptionally timely book, law professor Andrew Coan explains what every American needs to know about special prosecutors – perhaps the most important and misunderstood public officials of our time.

The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President’s commitment to the rule of law. Special counsel Robert Mueller is the latest example.

In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances.

Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.

From the Thomson Reuters’ Legal Current:

“In honor of the treatise’s anniversary, Thomson Reuters is pleased to present a podcast series throughout 2019 featuring Professor Arthur Miller, one of the founding authors of the treatise. Professor Miller will sit down with other scholars and thought leaders to discuss some of the challenges facing judges and practitioners in the federal court system today.

“In this first episode, we start off the series with a conversation between Professor Miller and Jean Maess, vice president of editorial operations at Thomson Reuters, about how the duo of Professors Wright & Miller developed Federal Practice & Procedure.”

H/T to Civil Procedure & Federal Courts Blog.

From the blurb for Jon Meacham, et al., Impeachment: An American History (Modern Library, 2018):

Impeachment is a double-edged sword. Though it was designed to check tyrants, Thomas Jefferson also called impeachment “the most formidable weapon for the purpose of a dominant faction that was ever contrived.” On the one hand, it nullifies the will of voters, the basic foundation of all representative democracies. On the other, its absence from the Constitution would leave the country vulnerable to despotic leadership. It is rarely used, and with good reason.

Only three times has a president’s conduct led to such political disarray as to warrant his potential removal from office, transforming a political crisis into a constitutional one. None has yet succeeded. Andrew Johnson was impeached in 1868 for failing to kowtow to congressional leaders—and, in a large sense, for failing to be Abraham Lincoln—yet survived his Senate trial. Richard Nixon resigned in August 1974 after the House Judiciary Committee approved three articles of impeachment against him for lying, obstructing justice, and employing his executive power for personal and political gain. Bill Clinton had an affair with a White House intern, but in 1999 he faced trial in the Senate less for that prurient act than for lying under oath about it.

In the first book to consider these three presidents alone—and the one thing they have in common—Jeffrey A. Engel, Jon Meacham, Timothy Naftali, and Peter Baker explain that the basis and process of impeachment is more political than legal. The Constitution states that the president “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors,” leaving room for historical precedent and the temperament of the time to weigh heavily on each case. This book reveals the complicated motives behind each impeachment—never entirely limited to the question of a president’s guilt—and the risks to all sides. Each case depended on factors beyond the president’s behavior: his relationship with Congress, the polarization of the moment, and the power and resilience of the office itself. This is a realist view of impeachment that looks to history for clues about its potential use in the future.

From the blurb for John P. Wihbey, The Social Fact: News and Knowledge in a Networked World (MIT Press, Apr. 2019):

While the public believes that journalism remains crucial for democracy, there is a general sense that the news media are performing this role poorly. In The Social Fact, John Wihbey makes the case that journalism can better serve democracy by focusing on ways of fostering social connection. Wihbey explores how the structure of news, information, and knowledge and their flow through society are changing, and he considers ways in which news media can demonstrate the highest possible societal value in the context of these changes.

Wihbey examines network science as well as the interplay between information and communications technologies (ICTs) and the structure of knowledge in society. He discusses the underlying patterns that characterize our increasingly networked world of information—with its viral phenomena and whiplash-inducing trends, its extremes and surprises. How can the traditional media world be reconciled with the world of social, peer-to-peer platforms, crowdsourcing, and user-generated content? Wihbey outlines a synthesis for news producers and advocates innovation in approach, form, and purpose. The Social Fact provides a valuable framework for doing audience-engaged media work of many kinds in our networked, hybrid media environment. It will be of interest to all those concerned about the future of news and public affairs.

From the blurb for John Oller, White Shoe: How a New Breed of Wall Street Lawyers Changed Big Business and the American Century (Dutton, March 19, 2019):

The fascinating true story of how a group of visionary attorneys helped make American business synonymous with Big Business, and Wall Street the center of the financial world

The legal profession once operated on a smaller scale—folksy lawyers arguing for fairness and justice before a judge and jury. But by the year 1900, a new type of lawyer was born, one who understood business as well as the law. Working hand in glove with their clients, over the next two decades these New York City “white shoe” lawyers devised and implemented legal strategies that would drive the business world throughout the twentieth century. These lawyers were architects of the monopolistic new corporations so despised by many, and acted as guardians who helped the kings of industry fend off government overreaching. Yet they also quietly steered their robber baron clients away from a “public be damned” attitude toward more enlightened corporate behavior during a period of progressive, turbulent change in America.

Author John Oller, himself a former Wall Street lawyer, gives us a richly-written glimpse of turn-of-the-century New York, from the grandeur of private mansions and elegant hotels and the city’s early skyscrapers and transportation systems, to the depths of its deplorable tenement housing conditions. Some of the biggest names of the era are featured, including business titans J. P. Morgan and John D. Rockefeller, lawyer-statesmen Elihu Root and Charles Evans Hughes, and presidents Theodore Roosevelt, William Howard Taft, and Woodrow Wilson.

Among the colorful, high-powered lawyers vividly portrayed, White Shoe focuses on three: Paul Cravath, who guided his client George Westinghouse in his war against Thomas Edison and launched a new model of law firm management—the “Cravath system”; Frank Stetson, the “attorney general” for financier J. P. Morgan who fiercely defended against government lawsuits to break up Morgan’s business empires; and William Nelson Cromwell, the lawyer “who taught the robber barons how to rob,” and was best known for his instrumental role in creating the Panama Canal.

In White Shoe, the story of this small but influential band of Wall Street lawyers who created Big Business is fully told for the first time.

From the blurb for Robert Tsai, Practical Equality: Forging Justice in a Divided Nation (Norton, Feb. 2019):

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time.

Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today.

Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more.

Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.

From the blurb for Neal Devins & Lawrence Baum, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford UP, 2019):

As the eminent law and politics scholars Neal Devins and Lawrence Baum show in The Company They Keep, justices today are reacting far more to subtle social forces in their own elite legal world than to pressure from the other branches of government or mass public opinion. In particular, the authors draw from social psychology research to show why Justices are apt to follow the lead of the elite social networks that they are a part of. The evidence is strong: Justices take cues primarily from the people who are closest to them and whose approval they care most about: political, social, and professional elites. In an era of strong partisan polarization, elite social networks are largely bifurcated by partisan and ideological loyalties, and the Justices reflect that division. The result is a Court in which the Justices’ ideological stances reflect the dominant views in the appointing president’s party. Justices such as Clarence Thomas and Ruth Bader Ginsburg live largely in a milieu populated by like-minded elites. Today’s partisanship on the Court also stems from the emergence of conservative legal networks such as the Federalist Society, that reinforce the conservative leanings of Republican appointees. For the Warren and Burger Courts, elite social networks were dominated by liberal elites and not divided by political party or ideology. A fascinating examination of the factors that shape decision-making, The Company They Keep will reshape our understanding of how political polarization occurs on the contemporary Supreme Court.

From the abstract for Rebecca Giblin, et al., Available – But not Accessible? Investigating Publisher e-lending Licensing Practices, Forthcoming, Information Research (expected June 2019):

Introduction: We report our mixed-methods investigation of publishers’ licensing practices, which affect the books public libraries can offer for e-lending.

Method: We created unique datasets recording pricing, availability and licence terms for sampled titles offered by e-book aggregators to public libraries across Australia, New Zealand, Canada, the United States and United Kingdom. A third dataset records dates of availability for recent bestsellers. We conducted follow-up interviews with representatives of 5 e-book aggregators.

Analysis: We quantitatively analysed availability, licence terms and price across all aggregators in Australia, snapshotting the competitive playing field in a single jurisdiction. We also compared availability and terms for the same titles from one aggregator across five jurisdictions, and measured how long it took for a sample of recent bestsellers to become available for e-lending. We used data from the aggregator interviews to explain the quantitative findings.

Results: Contrary to aggregator expectations, we found considerable intra-jurisdictional price and licence differences. We also found numerous differences across jurisdictions.

Conclusions: While availability was better than anticipated, licensing practices make it infeasible for libraries to purchase certain kinds of e-book (particularly older titles). Confidentiality requirements make it difficult for libraries to shop (and aggregators to compete) on price and terms.

H/T beSpacific.