front cover of Corruption in America
Corruption in America
From Benjamin Franklin’s Snuff Box to Citizens United
Zephyr Teachout
Harvard University Press, 2014

When Louis XVI presented Benjamin Franklin with a snuff box encrusted with diamonds and inset with the King’s portrait, the gift troubled Americans: it threatened to “corrupt” Franklin by clouding his judgment or altering his attitude toward the French in subtle psychological ways. This broad understanding of political corruption—rooted in ideals of civic virtue—was a driving force at the Constitutional Convention.

For two centuries the framers’ ideas about corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. Should a law that was passed by a state legislature be overturned because half of its members were bribed? What kinds of lobbying activity were corrupt, and what kinds were legal? When does an implicit promise count as bribery? In the 1970s the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.

In 2010, one of the most consequential Court decisions in American political history gave wealthy corporations the right to spend unlimited money to influence elections. Justice Anthony Kennedy's majority opinion treated corruption as nothing more than explicit bribery, a narrow conception later echoed by Chief Justice Roberts in deciding McCutcheon v. FEC in 2014. With unlimited spending transforming American politics for the worse, warns Zephyr Teachout, Citizens United and McCutcheon were not just bad law but bad history. If the American experiment in self-government is to have a future, then we must revive the traditional meaning of corruption and embrace an old ideal.

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Courting Failure
How Competition for Big Cases Is Corrupting the Bankruptcy Courts
Lynn Lopucki
University of Michigan Press, 2006
LoPucki's provocative critique of Chapter 11 is required reading for everyone who cares about bankruptcy reform. This empirical account of large Chapter 11 cases will trigger intense debate both inside the academy and on the floor of Congress. Confronting LoPucki's controversial thesis-that competition between bankruptcy judges is corrupting them-is the most pressing challenge now facing any defender of the status quo."
-Douglas Baird, University of Chicago Law School

"This book is smart, shocking and funny. This story has everything-professional greed, wrecked companies, and embarrassed judges. Insiders are already buzzing."
-Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School

"LoPucki provides a scathing attack on reorganization practice. Courting Failure recounts how lawyers, managers and judges have transformed Chapter 11. It uses empirical data to explore how the interests of the various participants have combined to create a system markedly different from the one envisioned by Congress. LoPucki not only questions the wisdom of these changes but also the free market ideology that supports much of the general regulation of the corporate sector."
-Robert Rasmussen, University of Chicago Law School

A sobering chronicle of our broken bankruptcy-court system, Courting Failure exposes yet another American institution corrupted by greed, avarice, and the thirst for power.

Lynn LoPucki's eye-opening account of the widespread and systematic decay of America's bankruptcy courts is a blockbuster story that has yet to be reported in the media. LoPucki reveals the profound corruption in the U.S. bankruptcy system and how this breakdown has directly led to the major corporate failures of the last decade, including Enron, MCI, WorldCom, and Global Crossing.

LoPucki, one of the nation's leading experts on bankruptcy law, offers a clear and compelling picture of the destructive power of "forum shopping," in which corporations choose courts that offer the most favorable outcome for bankruptcy litigation. The courts, lured by big money and prestige, streamline their requirements and lower their standards to compete for these lucrative cases. The result has been a series of increasingly shoddy reorganizations of major American corporations, proposed by greedy corporate executives and authorized by case-hungry judges.
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Illinois Justice
The Scandal of 1969 and the Rise of John Paul Stevens
Kenneth A. Manaster
University of Chicago Press, 2001
Illinois political scandals reached new depths in the 1960s and ’70s. In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice’s aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens’s rise to the high court.

In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer’s favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench.

Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens’s masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career.

Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, Manaster’s book is both a fascinating chapter of political history and a revealing portrait of the early career of a Supreme Court justice.
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front cover of Illinois Justice
Illinois Justice
The Scandal of 1969 and the Rise of John Paul Stevens
Kenneth A. Manaster
University of Chicago Press, 2001
Illinois political scandals reached new depths in the 1960s and ’70s. In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice’s aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens’s rise to the high court.

In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer’s favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench.

Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens’s masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career.

Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, this fascinating chapter of political history offers a revealing portrait of the early career of a Supreme Court justice.
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The Women of CourtWatch
Reforming a Corrupt Family Court System
By Carole Bell Ford
University of Texas Press, 2005

Houston was a terrible place to divorce or seek child custody in the 1980s and early 1990s. Family court judges routinely rendered verdicts that damaged the interests of women and children. In some especially shocking cases, they even granted custody to fathers who had been accused of molesting their own children. Yet despite persistent allegations of cronyism, incompetence, sexism, racism, bribery, and fraud, the judges wielded such political power and influence that removing them seemed all but impossible. The family court system was clearly broken, but there appeared to be no way to fix it.

This book recounts the inspiring and courageous story of women activists who came together to oppose Houston's family court judges and whose political action committee, CourtWatch, played a crucial role in defeating five of the judges in the 1994 judicial election. Carole Bell Ford draws on extensive interviews with Florence Kusnetz, the attorney who led the reform effort, and other CourtWatch veterans, as well as news accounts, to provide a full history of the formation, struggles, and successes of a women's grassroots organization that overcame powerful political interests to improve Houston's family courts. More than just a local story, however, this history of CourtWatch provides a model that can be used by activists in other communities in which legal and social institutions have gone astray. It also honors the heroism of Florence Kusnetz, whose commitment to the Jewish concept of tikkun olam ("repairing and improving the world") brought her out of a comfortable retirement to fight for justice for women and children.

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front cover of Worse than the Devil
Worse than the Devil
Anarchists, Clarence Darrow, and Justice in a Time of Terror
Dean A. Strang
University of Wisconsin Press, 2013
In 1917 a bomb exploded in a Milwaukee police station, killing nine officers and a civilian. Those responsible never were apprehended, but police, press, and public all assumed that the perpetrators were Italian. Days later, eleven alleged Italian anarchists went to trial on unrelated charges involving a fracas that had occurred two months before. Against the backdrop of World War I, and amidst a prevailing hatred and fear of radical immigrants, the Italians had an unfair trial. The specter of the larger, uncharged crime of the bombing haunted the proceedings and assured convictions of all eleven. Although Clarence Darrow led an appeal that gained freedom for most of the convicted, the celebrated lawyer's methods themselves were deeply suspect. The entire case left a dark, if hidden, stain on American justice.
    Largely overlooked for almost a century, the compelling story of this case emerges vividly in this meticulously researched book by Dean A. Strang. In its focus on a moment when patriotism, nativism, and terror swept the nation, Worse than the Devil exposes broad concerns that persist even today as the United States continues to struggle with administering criminal justice to newcomers and outsiders.
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