Civil Rights Law
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- Jewel In A Field
- Uneven, but fascinating.
- Gay and Lesbian Rights
- The dark side of assimilation.... exposed!
- If you care about the state of our culture, read this book
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Covering: The Hidden Assault on Our Civil Rights
Kenji Yoshino
Manufacturer: Random House Trade Paperbacks
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ASIN: 0375760210
Release Date: 2007-02-20 |
Book Description
In this remarkable and elegant work, acclaimed Yale Law School professor Kenji Yoshino fuses legal manifesto and poetic memoir to call for a redefinition of civil rights in our law and culture.
Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.
Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity.
At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart.
Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future.
“This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed
“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our
public and private selves as convincing to the spirit as it is to the
mind.” -Adam Haslett, author of You Are Not A Stranger Here
“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”
-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University
“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”
-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights
“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.”
-Amy Chua, author of World on Fire
“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present,
why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for
human rights.”
-Carol Gilligan, author of In a Different Voice
From the Hardcover edition.
Customer Reviews:
Jewel In A Field.......2007-06-13
Dean Yoshino has given us a lesson using the perfect mixture of poetry and prose in this his latest work. Reading it was like listening to a Aretha Franklin: refreshing! But most importantly, the work will act as a bridge between minority groups; limning aspects of experience that we all--- religious, sexual, and ethnic--- have in common. That is to say, it will help us to understand how the laws of the land apply to all who are pressured to conform to majority norms.
Uneven, but fascinating........2007-06-06
Kenji Yoshino is obviously a skilled writer. He is also a sharp thinker: the concepts covered here require a deft hand and skilled thought in order to not come off as a trite "Be your authentic self" pep talk. His assessment of human culture's demands on its minorities (at least those he is familiar enough with to speak for) are well put. Certain portions (especially in the early chapters) seem excessivly verbose. However, where the book really comes unglued is the uneasy marriage of personal narrative and political discourse. Both are clearly written by someone passionate and well versed in the subject matter. But the blending of two styles, while sometimes quite successful (and touching), can make this less than an easy read at times. Still, if you're not bothered by the blending (or better yet, if you're intrugued by it) this book has more than a few great ideas to chew on. Flawed or not, this is an intriguing and thought-provoking read.
Gay and Lesbian Rights.......2007-05-10
Anyone interested in the state of our country today should read this book about the civil rights movement of today.
The dark side of assimilation.... exposed!.......2007-04-06
This should be required reading for all everyone in civil rights work and all lawmakers. The only place this book falls short is in the areas it doesnt discuss that all women, and straight WASP males need to understand for THEMSELVES about the covering demands made on THEM. Since these are out of Yoshino's experience one can not fault him much on that score. He points those groups in the right direction however. This is a wonderful but painful book. It is meant to provoke thought. It is not a simple tirade against conformity but something deeper. It is a starting point for thinking and discussing our civil rights.
I would also highly recommend the first half of this book to anyone who counsels people on questions of their sexual identity.
If you care about the state of our culture, read this book.......2006-11-10
In Covering, Kenji Yoshino presents a new paradigm for civil rights. By weaving his own personal story of life as a gay, Japanese American man with the legal history of the civil rights struggle of gays and lesbians, Professor Yoshino creates a new, compelling genre of literature. In a bold move that bucked the traditional legal "neutral voice" treatise, Professor Yoshino makes himself and the law available to everyone, including legal scholars. Without a hint of jargon, this book shows how the status and treatment of gays and lesbians has moved from conversion to passing to now covering. His own identity development has passed through similar phases.
Covering is a mechanism through which an individual with some "disfavored" or non-dominant idenity traits downplays those traits in order to retain employment, avoid abuse, and generally navigate through the world. When we all recognize the way that covering affects us, whether it is the Black woman who is refused the right to wear cornrows (a real case involving American Airlines), or Professor Yoshino being told by colleague to be a gay professional, not a professional gay, we can move towards a new vision of civil rights. The author advocates not for the dismantling of all covering demands - some are legitimate - but that we force the discussion why a particular demand is being made.
Notably, Professor Yoshino's paradigm does not exclude anyone; in fact, its power lies in the fact that even the most privileged person (typically white heterosexual men from wealthy protestant families) can relate to the idea that they shouldn't be forced to downplay elements of his identity. We all have skin in the game when we move away from strict group-based identity politics to recognizing the inherent right we all have to express our idenity in non-conformist ways.
One criticism I have, though, is that there is no clear format for these discussions. Although Professor Yoshino states that we need to move away from legal solutions and start with the culutral context, I have a hard time imagining the format for an individual from an oppressed group "discussing" the demand to cover with their oppressor. For example, if someone with flashy rims on their car is stopped and fined under the pretext of some traffic safety regulation, if would be difficult to engage the officer in a discussion of why this law is being unfairly targeted to his attempt at expressing his cultural identity.
Perhaps the best solution is that we all need to read this book. Everyone. Spread the word. Give it as a holiday gift. Start these discussions in your homes, schools, and communities. Under this paradigm, we could all live freer, more fulfilled lives.
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Criminal Procedure: Constitution and Society (4th Edition)
Marvin Zalman
Manufacturer: Prentice Hall
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ASIN: 0131777084 |
Book Description
Upper-level criminal procedure text uses a conceptual approach that focuses on the social, political, and historical evolution of criminal procedure. Unique case and comment format achieves a sophisticated blend of edited cases and explanatory text. Substantial edited case excerpts and dissenting opinions give students an appreciation of the judicial philosophy behind decisions. Law in Society sections show how laws and legal institutions function in todays society. Justices of the Court sections profile Supreme Court Justices and humanize the legal process by showing how the law has been shaped by people with strong ideas about the nature of the American constitutional system.
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The Encyclopedia of American Civil Liberties (3 Volume Set)
Manufacturer: Routledge
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ASIN: 0415943426 |
Book Description
This major Encyclopedia in American history and law is the first devoted to issues of civil liberties and the meaning of freedom in American life. It covers the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. The articles are alphabetically organized for ease of access, and range in length from 250 words for a brief biography or careful definition to 5000 words for in-depth analyses.
Average customer rating:
- expected more
- Good primer on the next major civil rights issue
- The best book there is on why marriage is for ALL Americans
- Equal Rights, Right On!
- This guy is an attorney?
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Why Marriage Matters: America, Equality, and Gay People's Right to Marry
Evan Wolfson
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ASIN: 0743264592 |
Book Description
<B>"At its core, the freedom-to-marry movement is about the same thing every civil rights struggle has been about: taking seriously our country's promise to be a nation its citizens can make better, its promise to be a place where people don't have to give up their differences or hide them in order to be treated equally."</B>
Why Marriage Matters offers a compelling, intelligently reasoned discussion of a question at the forefront of our national consciousness. It is the work of one of the most influential attorneys in America, who has dedicated his life to the protection of individuals' rights and our Constitution's commitment to equal justice under the law. Above all, it is a clear, straightforward book that brings into sharp focus the very human significance of the right to marry in America -- not just for some couples, but for all.
Why is the word marriage so important? Will marriage for same-sex couples hurt the "sanctity" of the institution? How can people of different faiths reconcile their beliefs with the idea of marriage for same-sex couples? How will allowing gay couples to marry affect children?
In this quietly powerful volume, the most authoritative and fairly articulated book on the subject, Wolfson demonstrates why the right to marry is important -- indeed necessary -- for all couples and for America's promise of equality.
Customer Reviews:
expected more.......2006-04-22
I just finished Evan Wolfson's Why Marriage Matters, and although I am salivating at the thought of spending the rest of my night immersed in a tirade that focuses on what this book lacks, I will limit myself to describing one and only one glaring deficiency. Here it is. Come election time much of the hoopla surrounding gay marriage rights stems directly from those Christian conservatives that consider themselves among the moral elite. The self-described Christian "moral majority" is surprisingly effective at turning what is actually a civil rights and anti-discrimination issue into a moral issue. Because this is the nature of the one of the most powerful forces that is against us, if we are to put gay marriage rights on firm footing, the foundation must be a moral one. Granted, there is probably little hope for the hardcore dogmatists, but let's suppose they are all old and on the cusp of a trek through the pearly gates of heaven. Aside from those people, I am convinced that social conservatives can be convinced. Now, it would be nice if we could make all our very well-justified legal arguments in favor of gay marriage, be granted our legal rights, and be done with it. But, if we are going to gain any legal ground in conservative states, we must present damn good arguments that show three things: 1) one's sexual orientation is not a lifestyle choice, 2) same-sex sex is not morally wrong, and 3) same-sex marriage is not morally wrong. Wolfson doesn't do either in Why Marriage Matters. I was hoping he would give a point-by-point rebuttal of all the arguments from moral depravity that are flung like mud on groups of people who express a non-heteronormative sexualty, but I was disappointed. Maybe someday soon somebody will do us this service. But enough of that. On a positive note, Wolfson's book was easy to read. On another positive note, he drew strong analogies between the civil rights movement of the 50s and 60s and the gay rights movement of the last two decades. One thing that becomes apparrent as we consider the parallels between these two movements is how badly the gay civil rights movement needs a leader like the Rev. Martin Luther King Jr.
Good primer on the next major civil rights issue.......2006-02-07
Do gays have the right to marry? This is emerging as the next civil rights issue to cross the American political scene. Attorney Evan Wolfson answers this question with a resounding yes, and uses this book to back up his answer. His central point is that marriage is a relationship, and being in it can and does bring joy to gay couples just as much as it does to heterosexual couples. And since the Declaration of Independence states that all humans have the right to the pursuit of happiness, government should not prevent two individuals from getting married. The author also examines other issues regarding gay marriage, such as child adoption, insurance benefits, gay divorces, inheritance rights, etc... The author also takes on arguments against gay marriage, and refutes them using historical and legal arguments. All in all, a good book to help understand the current, and growing issue of gay marriage.
The best book there is on why marriage is for ALL Americans.......2005-08-10
Evan Wolfson's book turned me into a believer. Even after seven years of sharing my life with the man I want to spend the rest of my life with, I still didn't think it mattered whether we were married or not. "Why Marriage Matters" changed that -- we had to fly to Canada to get married, but we did what we had to do, and now I've found that marriage has made every facet of our relationship stronger and better. Read this book and you'll begin to see that marriage does matter, and that, frankly, it is un-American to deny any segment of the population basic human rights and priveleges that the United States was created to protect for all its citizens.
Equal Rights, Right On!.......2005-08-02
Jonathan Rauch and Andrew Sullivan have written pro-gay marriage books, but unlike Wolfson's book, they approach the issue from ancillary perspectives (for example, how it will tame the flames of promiscuity among gay men). Whether these ancillary arguments are persuasive or not really does not matter, because they are not the core of the matter.
Wolfson alone accurately makes equal access to marriage for ALL people a civil rights issue, and that is exactly where it belongs. Whether or not it curbs the promiscuity impulses among gays or not is largely irrelevant. If that happens, fine, but if not, so what?
The Fourteenth Amendment and the Declaration of Independence are not heterosexually-specific, but universally-specific. All of us are entitled to the "pursuit of happiness," no matter our color, religion, nationality, or sexual orientation.
Mutatis mutandis, the same is true for equal protection under the law. People may continue to discriminate against minorities, but at least they cannot do so under the color of law. Denying a minority its right to marriage also discriminates, but when it does so, it does so with the color of law. That's wrong.
All people are entitled to the same rights or they aren't. Denying any segment of the population this right because of their difference from the majority is simply unconstitutional and UnAmerican. Canada, Spain, Belgium, and Holland have righted the wrong. It's time the U.S.A. did likewise.
This guy is an attorney?.......2005-03-08
While a previous reviewer calls this work "irrefutable", those with logical minds know better. Obviously, this book is based upon the false premise that homosexuals are denied the right to marry. All homosexuals have the right to marry, so long as their object of matrimony is of the opposite sex. This begs the question...do any of us have the freedom to marry who and/or what we want? Of course not. I can't marry my computer, sister, brother, car, etc. There are restrictions in marriage for everyone.
It doesn't take too much work to see through the author's flawed thinking in this excercise in futility. Hopefully there are enough people who will realize this and send this book to the trash heap of irrelevancy.
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- Philosophy - Libertarian perspective
- The greatest political philosophy book of the 20th century
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- Hayek--Orwell's Mentor
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The Constitution of Liberty
F. A. Hayek
Manufacturer: University Of Chicago Press
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ASIN: 0226320847 |
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"One of the great political works of our time, . . . the twentieth-century successor to John Stuart Mill's essay, 'On Liberty.'"--Henry Hazlitt, Newsweek
"A reflective, often biting, commentary on the nature of our society and its dominant thought by one who is passionately opposed to the coercion of human beings by the arbitrary will of others, who puts liberty above welfare and is sanguine that greater welfare will thereby ensue."--Sidney Hook, New York Times Book Review
In this classic work Hayek restates the ideals of freedom that he believes have guided, and must continue to guide, the growth of Western civilization. Hayek's book, first published in 1960, urges us to clarify our beliefs in today's struggle of political ideologies.
Customer Reviews:
Philosophy - Libertarian perspective .......2007-06-18
This review will be mostly technical in nature. Some good reviews already exist that discuss the overview of the material.
1. Part 1 The Value of Freedom, 8 chapters.
2. Part 2 Freedom and the Law, 8 chapters
3. Part 3 Freedom in the Welfare State, 8 chapters
4. Postscript: Why I am not a Conservative, 13 pages
5. End Notes = 100 pages
6. Analytical Table of Contents (valuable for reference), listing sub-topics by page number = 7 pages
7. Name Index = 10 pages
8. Subject Index = 16 pages.
My Remarks: this is philosophy of government, plus some historical development, plus economic theory-and-practice. It is a rather tough read, exact logic and completed thoughts until each point is carefully constucted and then commented on.
There are many quote-able passages, and the exhaustive referencing confirms the scholarly style.
The print is small: 42 lines per page, 17 characters per inch.
So, the 3-stars are given so as to ward-off readers that are looking for libertarian views of a popluar nature. Though the reading is somewhat hard, the individual cases discussed make this a perfect source for a dedicated libertarian to reference.
The greatest political philosophy book of the 20th century.......2007-05-27
This is the most consistent level headed book of political philosophy I have read. The first section in particular has a new fascinating idea on almost every page. Hayek was not a libertarian. His thought allowed a fair amount of elbow room for public policy as the third section will show. I also found his postscript "Why I'm not a conservative" very interesting.
Individual Freedom.......2007-05-24
Frederich August Hayek
"Perhaps the fact that we have seen millions voting themselves into complete dependence on a tyrant has made our generation understand that to choose one's government is not necessarily to secure freedom."
"Freedom granted only when it is known beforehand that its effects will be beneficial is not freedom."
"If most people are not willing to see the difficulty, this is mainly because, consciously or unconsciously, they assume that it will be they who will settle these questions for the others, and because they are convinced of their own capacity to do this justly and equitably."
Excellent book service.......2007-02-20
The book came very quickly and was packaged well. Service excellent. Book was in excellent condition, even better than advertised. I appreciate the professional service.
Hayek--Orwell's Mentor.......2006-01-02
At the height of socialist popularism in England, cir. 1944, George Orwell, a leading proponent of socialism, believing in its promises as did many,if not most of Eurpose's leading intellectuals and politicians, wrote a review of Hayek's famous book, "The Road to Serfdom." Orwell wrote the review in the "Observer," London April 9,1944.
Hayek, mentions this fact as a footnote in chapter 17 of his classic book, "The Constitution of Liberty" published in 1960, as evidence of the disillusionment of socialist intellectuals, when they were confronted with the observation that individualism and socialism were mutually exclusive. Those same intellectuals had not accepted the proposition when advanced by Karl Mannheim in his book, "Man and Society in an Age of Reconstrucion" (1940). Mannheim had been a long opponent of socialism, but Orwell had only been converted after being exposed to "The Road to Serfdom." By 1960, when Orwell had become a world renowned author and staunch opponent of Big Brother doublespeak, Hayek recognized that the political proponents of socialsm which was dying as a political ideal, were now introducing the concept of the welfare state.
While virtually everyone alive today have been effected by Orwell's works and his prescient warnings about Big Brother, how many of us are aware of Hayek's infulence on him?
"The Constitution of Liberty" provides its readers with an enormous wealth of knowledge, of which this one footnote is only a small example. Each reader is bound to be effected in one way or another by the knowledge imparted to them, and this is one of the main lessons to be learned about "liberty" which requires the "rule of Law" to exist in today's society, but that Rule of Law must be understood. The failure of today's inteligencia is to fail to fully comprehend the meaning of liberty and its necessity in a world full of confusion from the confrontation of competing civilizations.
Unfortunately, Hayek is no longer alive to help guide us through the new millenium. Fortunately, he has left us a large volume of work, perhaps more relevant today than it was when written years ago. While "The Constitution of Liberty" is voluminous in itself, it should be kept as a reference book. Hayek's other works, "The Road to Serfdom" and his last published volume, "Fatal Conceit-the Evils of Socialism" published in 1980 is a magnificent continuation of Hayek's life long discertation on the evolution of mankind's growth from a tribal, familial society which did not require man to understand or protect Liberty, to a group of city-states that prospered because of the Liberties protected in Athens, but only moderately understood, so that such a great and wise philosopher as Aristotle would believe that freedom could only exist as far as a man could yell.
Hayek's understanding that Western Civilization has prospered from individualism, that it has grown and prospered from the freedom to travel, to trade, to exchnge property, material, real and intellectual. He explains why man must be humble, that humans progress from trial and error, not from conceited belief that one way or another way is correct. That to be free and liberated is to be free to make mistakes and government should exist to protect individuals'rights to make mistakes while they attempt to profit in their own ideals and beliefs.
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- National Safety Must Trump Civil Rights
- Interesting introduction to the subject
- Judge Posner on the War on Terrorism and the Law
- Thinking about civil liberties vs. national security
- Scary Stuff
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Not a Suicide Pact: The Constitution in a Time of National Emergency (Inalienable Rights)
Richard A. Posner
Manufacturer: Oxford University Press, USA
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ASIN: 0195304276 |
Book Description
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.
Customer Reviews:
National Safety Must Trump Civil Rights.......2007-02-11
The clash between individual civil rights and collective national security has never been far removed from American law and history. In NOT A SUICIDE PACT, judge Richard A. Posner considers a number of hot button issues that rang even in President Lincoln's day when he suspended habeas corpus to deal with what he saw as a threat to the very existence of the Union. Today, when the ACLU demands that terrorist prisoners in foreign jails like Guantanamo be accorded the same rights as any other criminal defendant, Posner places in historical perspective why Lincoln did what he did and why President Bush does what he does.
Posner's very title of his book suggests that civil rights are not absolutes, an idea that he admits is anathema to civil libertarians who have been trained to see the constitution as just such an absolute even if they somehow feel uneasy at admitting that it is indeed a suicide pact. At this, Posner says no, it is not. In fact, when the Founders wrote the constitution, they knew that they could not have foreseen how the twists and turns of future events might tint the lens of future courts who seek to interpret contemporary events under the wording of long established precedent. Posner suggests that one very important reason that the United States has survived and thrived is that the Founders deliberately wrote the constitution in such a manner as to provide guidance rather than straight-jacket binding. Those issues that bedevil us today, ranging from illegal arrest and detention to torture to free speech and to the limits of privacy, were all issues well-known to them. The brilliance of the Founders is that Posner argues that they knew that these issues would continue to vex future generations in manners that future technology would only exacerbate the difficulty in drawing a line in the constitutional sand between individual rights as citizens and collective rights as a people. Posner relentlessly urges the reader to view this ever shifting line under the lens of security of the one versus security of the many. When he writes that the President of the United States is the primary arbiter of such disputes, then he acknowledges that forceful presidents like Lincoln and Bush could be balked by a hostile press and a recalcitrant House/Senate duo. Lincoln proved to be up to the task of going about his business of saving the Union. Bush may very well prove himself to be similarly up to much the same task. In NOT A SUICIDE PACT, judge Posner cogently sets forth the case that in the words of Star Trek's Mr. Spock, the needs of the many must outweigh the needs of the one.
Interesting introduction to the subject.......2007-01-04
I am an interested lay-person, but not a lawyer or constitutional scholar. Posner does a good job of walking the reader through his arguments for (and against) particular interpretations of the constitution with respect to the treatment of (suspected) terrorists. I had no trouble following his reasoning, although I was not convinced in all cases. In particular, I was troubled by the suggestion that government officials should practice 'civil disobedience' where circumstances warrant. Overall, I would recommend this book to anyone who is interested in the constitutional aspects of the GWOT.
Judge Posner on the War on Terrorism and the Law.......2006-11-23
Judge Richard Posner (who has served on the 7th Circuit since 1981, as well as having a long career at the University of Chicago Law School) remains one of our most incisive and prolific legal commentators. Posner originally wrote in the areas of legal theory, Justice Holmes, legal education, and law and literature, while on the side helping give birth to the influential law and economics movement centered at Chicago. His more recent work has focused on national security issues, including the U.S. intelligence system, preventing surprise attacks and the concept of catastrophe.
His newest book is subtitled "The Constitution in a Time of National Emergency." While as I shall discuss I find his approach not particularly persuasive, and involving clever distinctions and word manipulation, this book is probably the best way to get into the whole issue of the current "war on terror" and how the legal system should adjust (if it should adjust at all). Posner's main thesis is that what he terms "marginal adjustments" in rights are clearly mandated by the severity of the "enemy" threat. True to his law and economics background, the Judge wants to apply a rather straightforward cost/benefit form of analysis, which results in a balancing of rights against national "safety and liberty." I seem to recall that this approach was fairly well discredited when the Supreme Court applied it in the 1950's and 60's to issues of free speech, but no matter. Posner feels that what he terms "generalist judges" don't have the necessary background to deal with these issues, while "national security judges" (including presumable himself) do have the special insights that are necessary. In fact the Judge suggests that the courts ought to stay out of the issue pretty much, and let Congress and the President handle it. After all, most rights are mere creations of the courts and therefore we should not flinch if they are curtailed.
In short, as with any form of balancing, when on the one side of the scale reside national security and the survival of the American nation, it is quite difficult to offset that weight on the scale with mere legal rights arguments. Posner takes numerous shots at shortsighted "civil libertarians" whom he rightly identifies as opponents of his approach. Surprisingly, for a federal judge, Posner thinks the role of precedent (such as the post Civil War Milligan decision) should not play a substantial role here. In any regard, the Judge assures us that any denting in our rights will be only a "minor" adjustment that will be rolled back when the present emergency has passed. One wonders, however, if the executive branch will ever announce that the emergency is over. Individual chapters address such topics as detention (ok for "unlawful combatants"), brutal interrogation, and free speech and profiling. Posner pretty much writes the right to privacy out of the constitution, arguing that as long as computers do the initial review of phone taps and letters, any privacy concerns should be minimal.
I believe the best way to approach this book is to read the introduction and the conclusion before turning to the remaining contents. Such an approach indicates "what is afoot" in Posner's analysis. While admittedly I am somewhat underwhelmed with the Judge's approach, this remains an extremely valuable book on this topic. Posner makes many of the administration's arguments but with a skill and perspective hardly likely to be matched by the administration's own defenders, including John Yoo. These are difficult issues and Posner is an extremely capable person to put forward this particular viewpoint. Even if you cringe at points, give the Judge a fair hearing because he really puts a number of these issues into a meaningful perspective.
Thinking about civil liberties vs. national security.......2006-11-20
Dr. Posner addresses a topic that I have never heard addressed by the national media: how our concerns in the age of war on terror need to strike a balance between our needs for civil liberties and our needs for national security. Posner takes this balance and attacks those concerns that we have all heard about: civil right of those incarcerated at Guantanamo Bay; FISA concerns and why the Bush administration has avoided the FISA court; examples of what kinds of acts have been ruled as permissible "search and seizure" tactics.
By placing our current concerns in context of existing law and court precedent, the author calmed me down and helped me understand that our courts are not driven by ideology, but are working out careful solutions to the legal challenges of our time.
Scary Stuff.......2006-11-01
The scary part of this book is that it is written by a very thoughful and balanced expert. And that is why it is scary. This is not the idiotic ramblings of a Rush Limbaugh or the easily dismissed vitriol coming out of big mouths like Bill O'Reilly. No, this is a very well-considered, well argued tome written by one who knows what he is talking about. It is like Albert Einstein arguing for the merits of nuclear destruction, complete with a precise scientific explanation of massive carnage at the sub-atomic level. Fortunately, Professor Einstein did just the opposite. Knowing what he knew, he forcefully argued against nuclear weapons, using his considerable knowledge to convince us all of the folly of nuclear war.
Judge Posner unfortunately uses his considerable knowledge of the law to argue for the skirting of basic rights guaranteed under our Constitution. But his entire logical edifice, no matter how erudite, is based on one fatally flawed premise - that somehow, our Constitution, based on fundamental rights is somehow incapable of dealing with barbarity. And somehow the current crop of terrorists are so special that they deserve to be put into a unique category that our founding fathers could never imagine.
It is very convenient to accuse present day civil libertarians of not being in touch with history as it is undoubtedly true that too many of us, products of a failed education system are not very well versed in history. But to accuse our founding fathers as historically naive is laughable. Just Jefferson's knowledge of history alone was more profound than the combined knowledge of our current Supreme Court. We were blessed by having a legal framework made up of men who were some of most brilliant minds of their day, and who were very much in touch with the human condition and all of its complexity. Compared with them, Judge Posner is but a speck of a thinker.
Average customer rating:
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Employment Discrimination Law
Barbara Lindemann , Paul Grossman , and Paul W. Cane
Manufacturer: BNA Books
ProductGroup: Book
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ASIN: 0871797917 |
Product Description
The premier treatise on the law of discrimination in the workplace.
For over twenty years, Employment Discrimination Law has retained its unparalleled reputation as the definitive treatise in this complex area of practice.
You get the most comprehensive coverage and unbiased analysis of employment discrimination law available anywhere, including:
significantly expanded coverage of disability law, the OFCCP compliance process, and ADR/binding arbitration
increased focus on the applicability of the law to dispositive motions, especially summary judgment and judgment n.o.v.
nearly 7,000 cases with pinpoint citations, explanatory parentheticals, and practical tips for practitioners representing both employers and employees
Average customer rating:
- Adequate & Annoying
- Significant error in VA section
- Could reading about federal regulations be entertaining?
- Great summary of the Social Security system!
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Social Security, Medicare & Government Pensions: By Joseph L. Matthews With Dorothy Matthews Berman (Social Security, Medicare and Government Pensions)
J. L. Matthews , Dorothy Matthews Berman , Joseph Matthews , and J. L. Social Security, Medicare, and Pensions Matthews
Manufacturer: Nolo.com
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- Medicare For The Clueless: The Complete Guide to This Federal Program (The Clueless Guides)
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- The Number: What Do You Need for the Rest of Your Life and What Will It Cost?
ASIN: 0873377206 |
Book Description
Everyone wants to get the most out of their retirement benefits -- not to mention the best medical coverage.
Social Security, Medicare & Government Pensions clearly explains what the different benefits are, and shows you how to claim what you've earned, including:
* Social Security retirement and disability benefits
* Supplemental Security Income
* government penisons & 401(k)s
* Medicare and Medicaid
* new medical insurance options
* dependents and survivor benefits
* veterans benefits
* and more
Completely updated to provide the latest information and changes in benefits, this plain-English book is a must-have for anyone who is retired or about to be.
Customer Reviews:
Adequate & Annoying.......2004-03-03
The authors' explanation of the workings of the Social Security, Medicare, Medicaid, etc systems is adequate but is not particularly well written and often lacks clarity. This is certainly not one of NOLO's best offerings.
Especially annoying was the authors' frequent and tedious editorializing. I suspect most readers of this book want the facts, not the authors' socialistic, simplistic opinions.
Significant error in VA section.......2002-08-17
page 10/7: "E. Medical Treatment....And dependents and survisors of a veteran who has a service connected disabilities, or who receives a veterans pension, are entitled to care in VA facilities if they are unable to afford private care."
I have been a VA employee for 16 years. The above is WRONG. There IS a pilot program in a handful of VA hospitals allowing dependents to use the VA hospital. Otherwise, this is NOT the case.
..."The VA can also pay for long-term care of an elderly or disabled veteran in a private nursing facility if there is no space in a VA facility."
This is also not entirely correct. The operative would is CAN. However, the VA is only obligated to pay for the care of veterans who have a certain percentage of Service-Connected Disability. If they pay at all for any others, most VA's only pay for care for a VERY limited period of time.
Could reading about federal regulations be entertaining?.......2001-05-04
The authors of this comprehensive guidebook come close to achieving this feat. As they point out, many Americans are not receiving all the benefits they deserve under our current system. By explaining the various benefit programs and laws in conversational English, they hope to help readers ensure they are getting everything to which they are entitled. It's also helpful that the text is presented in a visually interesting two-column format with plenty of headings, boxes, and even the occasional illustration.
Each chapter explains a different benefit program or set of laws designed to protect the rights of older Americans. Security and Medicare take up more than half the book. The discussions of Medicare claims and appeal procedures are particularly thorough, complete with samples of Medicare summary notices explaining what the sometimes confusing columns of numbers mean. There also are chapters on Medigap policies, Veterans benefits, private pensions and 401(k) plans, and federal civil service retirement benefits. However, if you're looking for in-depth information on Medicaid coverage of nursing home costs, this is not your best resource. While Medicaid's basic eligibility rules are briefly discussed, the complexities of transferring assets to qualify for Medicaid benefits are not.
The authors mainly stick to the facts, but every once in a while they reveal their view of our society's tattered safety net. For example, they call our failure to enact a comprehensive, universal health care plan a "national disgrace."
Great summary of the Social Security system!.......1999-08-04
This happens to be the best all-around book concerning the difficult subject of Social Security that I have read. Understandable and very well written. The sections regarding disability are filled with just the info I needed to know.
Average customer rating:
- A Start
- A inprisoned parents rights
- Fathers and Men need to WAKE UP NOW
- Some good thoughts but overoptimistic
- Very informative
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Fathers' Rights: Hard-Hitting & Fair Advice for Every Father Involved in a Custody Dispute
Jeffery Leving , and Ken Dachman
Manufacturer: Basic Books
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- The Father's Emergency Guide to Divorce-Custody Battle: A Tour Through the Predatory World of Judges, Lawyers, Psychologists & Social Workers, in the Subculture of Divorce
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- Divorce Poison: Protecting the Parent-Child Bond from a Vindictive Ex
- The Child Custody Book: How to Protect Your Children and Win Your Case (Rebuilding Books)
- Child Custody A to Z: Winning with Evidence
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ASIN: 0465023622 |
Amazon.com
Jeffery Leving has spent more than a decade in the trenches of domestic law. From that perspective, he gives men embroiled in custody disputes a powerful and impassioned voice in Fathers Rights. Arguing that men are disenfranchised and stigmatized by a biased legal system, Leving promises help through such difficulties as finding empathetic attorneys, avoiding unhealthy custody arrangements, protecting the child-parent relationship, and remaining financially solvent. Included is advice on how to demonstrate parental competence when falsely accused of abuse.
Writing with passion for the plight of an under-represented population in the domestic drama, Fathers' Rights offers sound, step-by-step council and a road map through the complex terrain of family law. "Too often a dangerous free-fall ensues," Leving writes, speaking of divorce's aftermath. "At every step in the divorce process, the legal system deepens marital wounds, serving up revenge and recrimination much more often than it dispenses compassion and justice." It is Leving's mission to right the wrongs caused by divorce court.
Book Description
Millions of fathers are currently in the fight of their lives: the fight for custody of their children. Many wonder if they will ever again be an important part of their children's lives. With this landmark book, renowned men's rights attorney Jeffery Leving leads fathers through every twist and turn of the legal system, offering meaningful advice to save years of anguish and possibly thousands of dollars.
This authoritative and accessible book covers every aspect of the custody process, including protecting the parent/child relationship as a breakup occurs; determining when to settle and when to litigate; techniques for dealing effectively with psychologists, social workers, and other domestic relations expert; and much more.
Illustrated with vivid real-life examples, Jeffery Leving and Kenneth Dachman's practical guide is essential reading for the scores of American Fathers routinely excluded from their children's lives by a biased legal system in which avarice and recrimination too often overwhelm compassion and justice.
Customer Reviews:
A Start.......2007-01-02
Mr. Leving has done a lot of good for fathers' rights in Illinois, and this is a workmanlike treatment of the strategy you should adopt if in court over custody.
But by the time you read this (or a book like this), often it is already too late to set in motion anything that will let you see your children.
If I had a son, I would give him this book in college, and make sure he knew his rights from the get go. Then I would advise him to hold off on marriage or cohabitation as long as possible.
Better to defer marriage and fatherhood and protect your assets than to marry too early, entering the 50% club of potential divorce. All single men should read and heed - unless you want to subsidize some woman's life for eighteen years or more. If you do not feel a compelling need to to marry, feel free to avoid doing so.
After all, having a vagina almost automatically entitles you to custody in the event of a divorce, a decision frequently made in Family Court, where there is no evidentiary due process. In other words, you have more legal rights in criminal court as a defendant than you do in Family Court as a petitioner or respondent. Marriage and fatherhood are dicey propositions these days.
A inprisoned parents rights.......2006-10-27
I have not read this book, but am looking for other self help books on a similar subject.I am a women , and have a child from a previous marriage.This father happens to be in prison for rape and bodily harm on a stranger.He has not seen our child since our son was 4 months old, my son is now 7 years old.
I remarried 2 years ago to wonderful man, we have been living together for a total of 5 years and my son knows him as his only father figure, infact we never incouraged my son to call my husband dad, but one day he just started to on his own.Children know who care for them, shelter them, love them ,and support them.You dont have to be a biological father or mother to do that!
My problem is this violent criminal still has rights to a child he dosn't even know or love , and when he does get out of prison who knows what kind of revenge he will take on me for not allowing visitation.Yes I know I chose to marry him and have a child , but If I knew what he was capable of I assure you I wouldn't have even given him the time of day, but as many of us know we never see the full person until we have lived with them for long enough.This man was also violent, and threatened harm upon me and my infant son.An all around abusive dude, there isnt enough time to even tell even a fraction of the stuff he put us through .
As a parent I should have a right to protect my son from any harmful person even his own biological father. attorney fees to have parental rights revoked so my husband can adopt can cost easily $15,000 in california. I dont have that type of money, and even if I do go through with it only 25 percent of these cases win.
I know there are great fathers out there who deserve to see there children.As a woman I couldn't imagine being so evil and try to take a great fathers rights away without a reason. With my sons biological father you can see that my son could be in danger if he ever had rights to him, but where are my rights to protect him, and where are my sons rights to be safe from potiential harm?
As for the men out there who are in my situation.Try not to be bitter towards women , just like men I assure you there are good ones out there!This isnt a war against the opposite sex, its a war against parents who are dangerous to our childrens welfare, and those people exists on both sides, and it is just as hard for women as it is for men trust me.
Fathers and Men need to WAKE UP NOW .......2006-09-25
I felt compelled to write about this book after reading one of the reviews on it apparently written by a female.
The review yearned for a REAL fathers advocate book written by someone who has been there and lived through the HELL that is divorce, custody and a compete loss of everything that resembled "my life" - after I caught my wife cheating on me.
I read this book during the first stages of my divorce and did not find it overly helpful. BUT, it was the only book that I found that spoke of what was about to happen.
I have been writing columns and attending divorce/mens support groups for two years now and am VERY despondent about what I am seeing.
Fathers rights is the "civil rights" story of this decade and it needs to be SEEN and SPOKEN about in the media.
I have been on a personal crusade to get groups organized in DENVER and to get any media outlet to focus on men's rights but I get NOTHING back - I have emailed Dr Phil, 20/20, every possible media outlet and all I get back is more stories on "deadbeat dads" and Women and Domestic violence.
Bad news GUYS:
We know the courts do not care -
We know the laws are laughably biased -
We know the media would rather propagate more female friendly stories -
But most guys do not ask WHY THIS IS.
I see this as Men not taking action. Men avoid support groups because we are supposed to "suck it up".
Men - WAKE UP - Get active.
If I cannot get this story on 20/20 or Dr Phil, it is because MEN are NOT the audience.
DO men vote, do men get involved in local politics, do men go to therapy to Resolve "their" issues. And these issues could include "how to deal with the powerlessness you feel in the system".
I am working to put together articles I have written about MY experience -
And it was/is horrible:
Wife cheats - gets caught - blames me for her behavior. Badgers the police with false charges against me - of which, I have to expend money to fight her.
My son (8) has cancer. My wife continued to change appointment times and cancel times.
AND GUESS WHAT GUYS:
When you get a Child Advocate or Child Family Investigator:
The game is:
As a MEN, you can never get angry.
If the ex plays with parenting time.
You cannot get angry.
If the ex uniformly ignores Permanent Orders.
You cannot get angry.
If the MAN gets angry the courts will CRUCIFY YOU.
I have documented my experiences and have read most every book (recommend Divorce Poison!!!!!) and plan to get this issue NATIONAL Attention.
I am not optimistic at the moment.
Finally, men, remember, no matter what transpires - no matter the complete injustice of the courts, lawyers, your ex's horrible wrath -
Remember that everything is about the kids. One mistake by you, as the male and father, and the system will take your kids away from you.
Make sure EVERY action is done with this in mind.
regards
Mike
Some good thoughts but overoptimistic.......2006-07-03
The author of this book certainly does not say anything that is untrue, even given the huge disparity of laws in the 50 states. However, on the front cover, among other things, he says you will learn how to:
*Find an effective and empathetic attorney
*Avoid unfavorable custody arrangements
*Overcome the "tender years" bias
*Remain financially solvent
To be quite honest, being the second wife of a man who has been taken to the cleaners repeatedly by a devious first wife who has no moral compass, all I can say is this book must contain magical powers, because that is the only way any of these things are going to happen.
First off, as far as finding an effective attorney, forget about it. The author's advice is pollyanna-ish at best. Attorneys are foremost interested in making money, and family law only pays off in volume. Therefore your case will get the obligatory two hour cram session from your attorney just prior to court. Plan on doing any real investigation yourself, and realize you are going to probably have to give your attorney a script of questions to read in court because these people are not "out of the box" thinkers.
As far as avoiding unfavorable custody arrangements and overcoming the tender years bias, remember that judges are generally from the most conservative ranks of lawyers, and lawyers are from the most conservative ranks of society. I'm not talking about "conservative" in political terms. I'm talking about conservative in terms of conserving and never questioning the status quo, and the status quo is father = cash machine, mother = protector of civilization. Nothing but divine intervention is going to overcome that. Daniel Broderick overcame it, but then look what happened to him. The author of this book misleads you into believing that the system is remotely fair and unbiased, probably because he has been part of the system and cannot see it for what it is.
As far as remaining financially solvent, the author completely overlooks the most important factor of all - which state you live in. Some states, such as Texas and New York, have absolute limits of 25% of your pre-tax income put on child support. As much as the courts and the mother of your children would love to pick your pockets for more money, this is all they are going to get. However, if you are unfortunate enough to live in the state of Virginia, there is no limit on alimony or child support and you can wind up with negative income flow, which happened in the case of my husband's divorce and is happening now in the case of an acquaintance and his divorce. In fact, the financial ruin of a Virginia divorce is the reason Aldrich Ames gave for becoming the worst spy in American history.
In summary, although I may seem harshly critical, this book is moderately helpful as to absolute facts and a mentality you must take if you are on the road to litigation. However, I subtract two stars because I think it gives false hope to single fathers and their probable future in terms of staying close to their children and not winding up in debtor's prison if the mother is determined to fight. I've been up close and personal with this ongoing problem in my husband's life for the past 14 years, so I think I know what I'm talking about.
Very informative.......2005-09-22
This book is a must read for all dads who are facing custody disputes of any type. Fathers are a very important part of a child's life and they should know how to fight to stay close and involved with their children.
Average customer rating:
- This book probably saved my life!
- Very Little..if any
- Save Your Money
- It's an okay book
- This Title is Unique - Not the Average "Change Your ID" Book
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Cover Your Tracks Without Changing Your Identity: How to Disappear Until You WANT to Be Found
B. Wilson
Manufacturer: Paladin Press, Boulder, CO
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ASIN: 158160419X |
Book Description
Is your life on a downward spiral? Why not simply take off, cover your tracks and then return to your old life once the dust has settled? Learn where to go, how to get there, what to take, where to stay, how to live comfortably and securely in your refuge and how to return home when - and if - you decide to.
Customer Reviews:
This book probably saved my life!.......2007-01-13
I am really surprised at some of the past reviews of this book. I guess these people are "armchair 007s" looking for a book that spills all the secrets of the 9/11 Commission and Area 51, plus tells us who killed Kennedy, all for u nder twenty bucks.
But when you are REALLY in a situation where you need to go undercover for a while - or if you just want to know how to do it - then this book is worth its weight in gold. In my case I had a crazy ex-boyfriend that trashed my car, called me night and day and threatened to kill me on six different occasions.
Using this book, I was able to get away for 4 months, without leaving a trail the psycho could find. He even hired a private eye to track me down. He just wasted his money. The nut ended up getting picked up for habitual DUI after I had been laying low for about 12 weeks, which, with his priors, has him in lockup for a long, LONG time! THe whole time I was "hiding out," I was comfortable, safe and with friends, by doing what this book says.
Is some of it just common sense? Yeah. But get yourself in a jam like i was and you'll need someone to tell you some common sense, cause you'll be so scared you won't be thinking right anyway. So, if you're interested in some REAL advice on laying low, forget these would-be James Bonds who have trashed it and GET THIS BOOK!!
Very Little..if any.......2007-01-10
If you can buy this used, real cheap($1 or less), spend 45 mins. and take about 3-4 notes during the Look over, its o k I guess. Accutually its Ludicrus-ley basic Logic. Try the other books, even Boston T. Party's books. "Cover your Tracks" guy has made enough lunch money!!
Save Your Money.......2006-10-20
This book is typical of many published by Paladin Press-all sizzle and no steak. It temps you w/a promising title and then broadstrokes the actual subject matter. Nothing in this book is inovative or informative, as stated in a previous review-it's all common sense.
Do yourself a favor and purchase J.J. Luna's "How to be Invisable" instead.
It's an okay book.......2006-09-03
If you're planning on splitting for awhile, for at least a few months, it wouldn't be a bad idea to read this book first. It's mostly just common sense.
This Title is Unique - Not the Average "Change Your ID" Book.......2004-11-08
Most books on the subject of Fake ID tell you how to start over completely. You have to sever ties to your former life permanently and completely. There is no going back. But what if you aren't sure you want to change your ID completely? What if all you need is an extended vacation to collect your thoughts and prepare a plan?
"Cover Your Tracks Without Changing Your Identity" introduces the concept of a "light identity change". This interesting title explains how to leave your old identity intact but keep your problems finding you at your new location. Using Wilson's tactics in "Cover Your Tracks Without Changing Your Identity", you will be able to return to your former identity if you desire.
The information contained in this unique title will undoubtedly help many people.
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