If you run your own business, you've probably heard about limited liability companies. Business owners who operate LLCs aren't personally liable for business debts. But is an LLC right for you?
Nolo's Quick LLC provides essential information for business owners in every state. It explains, in plain English, the advantages and drawbacks of forming an LLC - including limiting your personal liability.
the ongoing legal and tax paperwork that's required
Practical, concise and easy to read, the 4th edition of Nolo's Quick LLC provides the latest facts, figures and tax information you need to know about this valuable business option.
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"If you are wondering whether or not a limited liability company is right for you, Nolo's Quick LLC is the book to grab. Written by LLC expert Attorney Anthony Mancuso, this book shows you, in plain English, the advantages and drawbacks of forming an LLC, and how the LLC compares with running a business as a corporation, partnership or sole proprietorship. It explains: how LLCs are formed by filing Articles of Organization with the state the Operating Agreement, which details the legal rights and responsibilities of LLC members and managers how you can choose between a member-run or manager-run LLC important tax options that qualify an LLC for partnership tax treatment -- an essential benefit of forming an LLC the required ongoing legal and tax paperwork Practical, concise and easy to read, the 3rd edition of Nolo's Quick LLC provides vital - and the latest - information you need to know about this valuable business option.
Customer Reviews:
Useful and Easy to Understand.......2007-10-07
I am currently in the process of creating my own LLC at the time writing this review. The book is very helpful to understand the process and the things I will have to worry about from a legal and also tax perspective. I hired a lawyer for the company creation before I bought the book and have now the feeling that I could be doing it without paying a lawyer. However, the book made me realize that there is a lot of paperwork involved in the process and the lawyer will do all that work for me, which saves me a lot of time.
I am currently very busy preparing everything for the daily business operation to come so I do not regret my decision of using a lawyer. If time is not too much of a problem, but saving the cost for a good corporate lawyer is, this book will be able to help you to get the process done by yourself.
For people like me, who use a lawyer is the book still helpful, because there are a lot of things to consider and know about, after your LLC was created. It will serve me well in the years to come. I am sure about that.
Quick easy read, Great Information!.......2007-08-05
I read this whole book on a flight from Miami to Seattle. I had just started an LLC through a Lawyer and wanted to get an idea of how to put together the Operating Agreement. This book had a great Operating Agreement example in the back. It also had simple examples for each scenario that helped me understand the best type of LLC set-up for my business. Nolo's Quick LLC covered everything I needed to know in an easy format to read and reference. After reading, I felt I was able to discuss my ideas intelligently with my lawyer and ask him questions I would have never thought of before.
An excellent manual essential not only to business owners.......2007-07-07
Most in business have learned the term 'limited liability company' - but few know what this means, let alone how to tailor a business as a LLC and to understand if and when such a structure would apply. NOLO'S QUICK LLC, 4TH EDITION provides all the basics to operating an LLC, from choosing different structures and understanding differences between a LLC and a corporation to handling legal and tax paperwork. The result is an excellent manual essential not only to business owners, but to business libraries seeking an easy yet comprehensive reference.
Informative, Provides a Framework, A Bit Conservative.......2007-02-12
Having just established my own Limited Liability Company (LLC), I wanted a book that would define what a LLC is in the framework of other business models, including tax and legal implications. I wanted to ensure that a LLC was the best fit for me. That is exactly what this book did, and it did it well.
If you are thinking of starting your own business an a LLC, but are not sure of which business model to use (Sole Propertiorship, LLC, Parternship, S-Corp, C-Corp), this book will help inform you of the pros and cons of LLCs, and how they fit into the overall legal and tax structure.
The only reason I rated this book at 4 stars instead of 5 stars, is that it scared me a bit in regards to the legal and tax requirements, without providing enough detail to give me a grasp on why the requirements were in effect. Having also been in contact with a certified tax expert and accountant while I was reading this book, I learned that this book errs on the side of being very conservative, or even a bit scary, in regards to legal and tax requirements. So I would advise anyone who gets this book to also balance it out by reading a more aggressive book about saving money on taxes and operating an LLC legally.
After reading this book, I also read "Your Limited Liability Company, An Operating Manual" by the same author. That book provides in depth detail on the day-to-day running of an LLC. It helped me tremendously. However, this book is also conservative when it comes to saving money on taxes.
Overall, both books are great reads.
Very Helpful Book, Helped Me Decide That An LLC Is Right For ME!.......2006-12-04
This book was not a disappointment by any means. I wanted to learn if forming an LLC was right for me and by the end of reading the book, I knew it was. Nolo's book was surprisingly easy to read and understand. Although the writer is a lawyer, he writes in every day speak and makes the concepts as easy to understand as possible. The book is also more entertaining then one might think. The only thing I would have liked to see as part of this book is a step by step list of who to contact to form the LLC including any forms or at least a link to forms you would need to complete the task. Overall, if you want to learn about LLC's and decide if the business form is right for you, then this is the right book to choose.
Book Description
Your Limited Liability Company gives you everything you need to maintain the legal validity of your LLC before the courts and the IRS. It helps you approve and document important legal, tax and business decisions to create a paper trail that avoids legal trouble.
The book stresses how to:
*prepare minutes of meetings
*record important legal, tax and business decisions
*handle formal recordkeeping
*fill out an LLC Records Book
Your Limited Liability Company provides all the documentation you'll need, including:
*minutes
*written consents
*checklists
*over 50 ready-to-use resolutions
The 3rd edition is completely updated and revised to include the latest laws and forms for all 50 states, and provides new insight as to how the 2003 federal tax act affects small businesses and their owners.
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"The step-by-step guide to running your LLC! Your Limited Liability Company gives you everything you need to maintain the legal validity of your LLC before the courts and the IRS. It helps you approve and document important legal, tax and business decisions to create a paper trail that avoids legal trouble. The book shows you how to: prepare minutes of meetings record important legal, tax and business decisions handle formal recordkeeping fill out an LLC Records Book Your Limited Liability Company provides all the documentation you'll need, including: minutes written consents checklists over 50 ready-to-use resolutions The 4th edition is completely updated and revised to include the latest laws and forms for all 50 states. "
Customer Reviews:
Excellent Business Course.......2007-09-26
This book is very complete and easy to understand. I needed a book that shows me how run my LLC with minimal effort and how to avoid legal trouble, and this book did just that. I highly recommend this book to others who are new at running this type of corporation and don't want to pay a lawyer or subscribe to Internet corporation maintenance services. With this book you can fly solo.
Your Limited Liability Company: An Operating Manual.......2006-11-11
After you have formed your company as an LLC this book is a must. It has all the forms that you will ever need to create a paper trail for your LLC company, and how to do it without having an official meeting every time you want to make a major company decision. All you have to do is to modify the forms to fit your needs. I have given copies of the cover to my attorneys, bookkeepers and friends, to help pass the information along to their clients. This is a must have book!!!
good reference.......2006-06-24
This is a great book to own if you have or are thinking of starting an LLC. I've used many of the forms. The layout of the book is well-organized. Forms are easy to find on the CD. The tips in the book are very useful. I reference this book often. Highly recommended.
Good Resource Guide.......2003-12-31
This book provided me with the essential information an LLC owner needs to avoid trouble with the IRS and the courts. This book contains a lot of practicle information, useful forms and many real life examples. It covers meeting minutes preparation, record keeping and the updated Federal 2003 Tax Act. This is a must book for any LLC owner!
Can't imagine many people need this book........2003-11-21
Generally I have to say I was a little disappointed with this book. To be fair it lives up to its claims that it will basically help you run LLC meetings and provides forms for most basic LLC functions EXCEPT creating one. It provides no business advice and no tax advice to help with serious beginning operation issues. I was hoping for a book that would offer advice and successful strategies for managing money in the LLC and discuss tax strategies and so on. Advice, that would help me operate an LLC with the legal documents to back up the advice. That is not what this book contains.
This book will not teach you how to begin running your own LLC business. But if you are an LLC member with two other members in your LLC it will tell you to use form 7 to formally announce the meetings and form 8 to guarantee that the announcement has been received and 9 to proactively declare that the meeting contents will be....
This book will not help you make tough decisions but it will tell you what to do if you have already made a decision. If that's really all that you want you have found your book.
What strikes me as odd is that the two most important documents as stated at the start of the book, the operating agreement and articles of organization, are not included in this book. For that topic they have written a whole SEPARATE BOOK for you to buy and they kindly point you in that direction.
My general feeling is that this 50-dollar book is too pricey for what it offers. They should drop the tear-out pages, that no one will ever use since the forms are on the CD, and the one or two pages for each states specific LLC rules, which could easily also be on the CD since you most likely only need the paragraph that pertains to your state, that make up HALF the content of the book and lower the price to 20.
Book Description
Since their classic volume The Breakdown of Democratic Regimes was published in 1978, Juan J. Linz and Alfred Stepan have increasingly focused on the questions of how, in the modern world, nondemocratic regimes can be eroded and democratic regimes crafted. In Problems of Democratic Transition and Consolidation, they break new ground in numerous areas. They reconceptualize the major types of modern nondemocratic regimes and point out for each type the available paths to democratic transition and the tasks of democratic consolidation. They argue that, although "nation-state" and "democracy" often have conflicting logics, multiple and complementary political identities are feasible under a common roof of state-guaranteed rights. They also illustrate how, without an effective state, there can be neither effective citizenship nor successful privatization. Further, they provide criteria and evidence for politicians and scholars alike to distinguish between democratic consolidation and pseudo-democratization, and they present conceptually driven survey data for the fourteen countries studied.
Problems of Democratic Transition and Consolidation contains the first systematic comparative analysis of the process of democratic consolidation in southern Europe and the southern cone of South America, and it is the first book to ground post-Communist Europe within the literature of comparative politics and democratic theory.
"This is an important volume by two major scholars on a central topic--one of broad interest to people in comparative politics, to those interested in democracy, and to regional specialists on Southern Latin America and on Central and Eastern Europe. The book will unquestionably be a major contribution to the literature on constructing democratic governance."--Abraham F. Lowenthal, University of Southern California
Customer Reviews:
What leads to democray and consolidation.......2007-08-04
As the title suggests, Linz and Stepan examine democratic transition and consolidation. Linz and Stepan argue that a democratic transition is completed when the relevant actors agree on the "the rules of the game." These rules include those regarding elected government: when and how the government is formed through free and fair elections, when and how the government has de facto authority to create new policies, and when the branches of government no longer have to share power with other bodies. When the government abides by the rules developed, Linz and Stepan would argue that it has become a democracy. Consolidation is achieved when the democratic system is viewed as "the only game in town," and the majority of the public subscribes to those institutions. Additionally, Linz and Stepan see a consolidated democracy as not simply a regime, but rather a system of interaction parts. These parts include civil society, political society, rule of law, bureaucracy, and an institutionalization of economic society.
The authors use a number of explanatory variables when examining democratic transition and consolidation. These variables are divided into three categories. The first, macrovariables, include stateness, and prior regime type. The second, actor variables, includes the leadership base of the prior regime type, and who initiates and controls oppositions. Lastly, context variables include international influences, the political economy of legitimacy, and the constitution-making environment.
Linz and Stepan argue that "democracy requires statehood." Without a state' ability to use coercive force, tax, and implement a judicial system, the five arenas of a consolidated democracy will not be achieved. However, it must be noted that state and nation are two different concepts. If there is conflict between the state and nations under its control, achieving democracy will be difficult. This leads to problems of legitimacy for the state. In order to address this, the concept of citizenship is imperative. The author's write, "there can be no complex modern democracy without voting, no voting without citizenship, and no official membership in the community of citizens without a state to certify membership" (28).
The authors also suggest that the role played by prior regime type shape the paths available for transition, and what tasks remain to achieve consolidation. The authors move beyond the classic three regime typology and examine authoritarian, totalitarian, post-totalitarian, and sultanistic regimes. L & S argue that the ways in which the previous regimes structured pluralism, ideology, leadership, and mobilization affect the paths available to democratic transition. Linz and Stepan see five paths with can be taken towards democratic transition: the formation of pacts, defeat in war, interim government created after regime termination but not brought forth by the old regime, a military led coup, and some regime specific transition paths. Depending on the previous regime type, some paths are more likely than others.
Additionally L & S suggest that the character of the state elite affects democratic transition and consolidation. They examine four types of elites: hierarchal military, nonhierarchal military, civilian elite, and sultanistic elites. A hierarchal military (authoritarian) may be usurped by the military-as-institution who views extrication from the military government as in their best interests - a return to civilian rule. However, during the consolidation phase, the old regime elite may enforce "reserve domains" of control which will not allow the new regime to consolidate. A nonhierarchal military elite is better for both transition and consolidation. They are likely to fall to a democratic transition when they come into problems running the country. Also, they are likely to be seen as operating outside the military sphere which means they are likely to be punished by the state/military hierarchy. In the case of civilian leadership (post-totalitarian), they are in possession of the symbolic and institutional capacities to initiate and manage ad democratic transition. In the consolidation phase, they are likely to see the benefit of working within the new system as opposed to fighting it. In sultanistic leadership, the regime is so personalized, that the overthrow of the sultan quickly destroys the regime. However, unless democratic elections are held quickly, and democratic institutions developed, the chances of consolidation are weak.
Under the actor variable category, L & S examine the impact of who initiates and controls the transition on democratic transition and consolidation. Transitions initiated by civil society, armed revolution, or a nonhierarchal military led coup tend to see the ruling institutions taken over by an interim government. This interim government can either have a democratic or nondemocractic agenda. If elections are held quickly, democracy can arise. If the interim government simply makes decreases based on an assumed mandate, democracy is unlikely. Because interim governments often don't appear from a hierarchal military, or through regime led changes, democracy is unlikely to appear.
Linz and Stepan also examine the context within which the transition occurs. Of particular interest are various international influences. One international factor which can influence transition and consolidation is the use of force. A nondemocractic country can militarily overthrow a weaker democratic state, or a regional hegemon can crush democratic uprisings in its periphery. The hegemon (democratic or nondemocractic) can also use incentives or sanctions to shape the political path nations in the periphery undertake. Outside of force, the "spirit of the times," i.e. democracy / communism, or diffusion can shape political transitions.
The political economic context can also shape transition and consolidation. For example, extended periods of economic prosperity can weaken nondemocractic regimes. Prosperity may make the coercive system unnecessary. Also, economic prosperity expands the middle class which leads to increased political demands. Although economic prosperity doesn't weaken the democratic regimes, economic downturns affect both. Still, because the democratic regime has a greater level of legitimacy then the nondemocractic regimes, it is more insulated from down turns.
Lastly, Linz and Stepan see the constitution-making environment leads to the success or failure of democratic transition and consolidation.
On conditions for democracy.......2001-08-11
Having read this book, I understand why Linz has gained international reputation. (As an example, he was made honorary doctor at The Faculty of Social Sciences at the University of Oslo, Norway, 2000.) This book is written in an engaging way, with lots of interesting information. Its clear structure and quite simple language also makes it easy to read. Those believing that political science is "heavy, dry and dull" will probably change their minds if they read "Problems of Democratic Transition and Consolidation". Personally, I found the chapters on South America very enlightening. The book gives information about how citizens view "democracy" in the respective countries, and the challenges each country faces in terms of democratic transition and consolidation. I agree with the first reviewer that this book is a must-have for all interested in the countries in question or political science in general. (Having just finished my dissertation in political science, I've read my share of less interesting and poorly written works!)
A clear and concise presentation.......2001-02-06
This is the book for everyone looking for the ultimate answer to the questions regarding democratic transitions in the east as well as in the west. Although somewhat fuzzy and unclear in the theoretical outline it does offer some serious answers as well as questions on the democratization waves in former communist countries and dictatorships all over the planet. This is a must for all political scientists as well as those with inclination towards contemporary political subjects. This will be a standard opus on this subject.
Book Description
"One of the best business books of the year!" -Library Journal
Includes the Limited Liability Company
The Bestselling Guide to Incorporating Your Business-Updated and Expanded for the New Millennium
- Should I Incorporate?
- Which Form of Corporation Is Best for My Business and Long-term Goals?
- What Additional Legal Liabilities Do I Assume When I Incorporate?
- What Are the Tax Laws Concerning Corporations and How Do I Take Full Advantage of Them?
- How Do I Form a Corporation?
Get detailed answers to these and every other question you have about incorporating your business in How to Incorporate, Fourth Edition. Attorneys Michael Diamond and Julie Williams weigh the pros and cons of incorporating and help you choose the form of corporation that's best for you. They tell you how to structure your corporation for maximum legal, tax, and business advantage. And they supply you with a gold mine of sample forms-including tax forms and preincorporation, shareholder, and voting trust agreements-along with step-by-step instructions on how to fill them out.
Covering all the latest changes in the laws regarding corporations and partnerships, and featuring a critical new chapter on the limited liability company, How to Incorporate, Fourth Edition gives you the most up-to-the-minute information, advice, and guidance on:
- When to form a standard incorporation and when to go with an alternative, such as Subchapter S, partnerships, limited liability companies, and proprietorships
- How to make statutory requirements work to your advantage
- Executive compensation and how to take tax-free benefits out of your corporation
- How to handle special agreements, securities laws, forms of incorporation, stockholders, dividends, and more
- How to complete IRS forms, take minutes, create bylaws, and post notices of meetings
- How to use incorporation forms for many different states as well as forms for general use based on the Model Business Corporation Act
. . . and much more to give you the how, why, and when of incorporating in today's fast-paced business world.
Customer Reviews:
Good book on incorporating your business.......2003-12-01
How to Incorporate is an excellent book to show the average guy how to incorporate. It is an easy read and packed with good information.
Some other books you will want to read are Form Your Own Corporation and Launch a Business In Any State by J.W. Dicks, Inc. Yourself by Judith McQuown and Incorporating Your Business for Dummies by The Company Corporation. For more information on S-Corporations, How To Form A S-Corporation by Robert Cooke is the best book that I have found and the one most recommended by successfult business people.
Technical and Well Rounded.......2001-03-16
This book is basically a textbook, as it contains a lot of the details that are common to incorporation in any state. While the authors have stayed general enough to remain in an interstate appeal, they have still covered almost every legal aspect of incorporating, WITHOUT giving advice as to what you should do. Also covered are: sole proprietorships and limited liability coporations/partnerships and more. Good buy if you want a good cursory understanding of business vehicles. I recommend it. Please vote if this did help you.
An excellent addition to any entrepreneurýs library.......2000-07-06
This book is excellent! I have a Ph.D. and an MBA and have taken a lot of courses and read lots of books, business and otherwise. This text summarizes a lot of important information into a small book. This is not for simpletons, rather it gives important information for anyone wishing to incorporate.
Covers important topics, a little confusingly written.......1999-04-15
It's really helpful in that it covers a bunch of the basic points. Ironically, I wish it focused on the tax implications of losses (to be expected in startups) as much profits :). I also found some of the writing confusing -- like in covering LLCs, it compares some facets of them to other corporate before really explaining how they work. But I liked the book, thinking it basically helps me have a more informed conversation with a lawyer, which I think is essential (since regulations change so fast, and can be state-specific).
Gave me some basic ideas on incorporating our small business.......1997-06-04
It answered a lot of questions I had about incorporating our small business. However, it would be an even better book had there been a chapter dedicated to what can be written off along with what percentage of the total cost or value of things. This always seems to be a gray area. Overall, it was a very informative book
Book Description
Offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institution. Employing historical, comparative, theoretical and doctrinal methods, the book explores foundational questions in the theory and practice of democracy.
Customer Reviews:
A tour de force.......1999-11-23
This is a tour de force on one of the most important yet most neglected areas of the law. I took a course from this book, and it was one of the best experiences I had in law school.
Customer Reviews:
Much great information and well written ( you might expect).......2007-03-22
I guess you might expect a 5th edition book on reasoning and writing style to be well written! It is. Designed for 1st year law students, I got it becaause I am not an attny but spend a lot of time reading federal manuals and regulations with a lot of legal reaaoning beneath them, and then interpreting them and writing guidance to what they mean. Also i work in a field where cases regularly go to administrative law judges or where I get decisons back from them, and I also try to act in coordination with decisions in other jurisdictions or case that I am aware of. I found the book very useful. it actually functions as a fairly good working overview of the legal "system" - briefs, opinions, depositions, motions, claims, etc, while focusing most of the course on reasoning and writing per se. Some might might also enjoy the older 1970s book, cited by Neumann, Twining, "how to do things with rules." Books like Neumann on clear reasoning and clear writing are always useful, and this will likely improve your general writing skills as well.
Excellant Introduction to legal writing style.......2002-07-28
The text focuses on constructing proof of a conclusion of law and teaches format, style, and grammar collaterally. The goal is to help students learn how to make the
kind of writing decisions that center on the need to prove analysis. Most students have substantial difficulties learning how to construct proof. If format and style
receive primary emphasis, the problem is compounded because the student is invited to mimic the customary appearance of a document, rather than to think through its
content and inner logic. Moreover, format comes easier to students who have already learned the dynamics of proof, and legal writing's heightened requirements of
style and grammar may be easier to accept when they are explained as ways of clarifying proof. And as a skill, style is much more valuable when rewriting second and
third drafts than in producing a first draft.
Part I of the text introduces students to the court and litigation systems, the structure and operation of rules of law, judicial opinions, and methods of briefing them.
Legal writing in general is introduced in Part II. Part III explains how to write an office memorandum; organize proof of a conclusion of law; use authority; analyze
facts; and use paragraphing, style, and citations. Part IV helps students with their first law school examinations. Part V introduces the advocacy skills of theory
development, argumentation, and accurate handling of procedural postures. Writing a persuasive motion memorandum is covered in Part VI; appellate briefs in Part
VII; and oral argument in Part VIII.
Get Mr. Neumann's Book!.......2002-07-14
I got this book from the law library at school and I am going to buy Mr. Neumann's 2002 edition if there is one.
This is a good book to have for Law School!
I have read many pre-law books. This book explains so much in just two short concisely written chapters. I do have one small complaint the title of this book is wrong, this book covers so much more!
This book is an introduction to law, it explains and provides a general overview of the civil procedure process and goes over case briefing. I think this book is more useful than Helen Shapo's book on Legal Writing. In short, GET IT!
American Law the Essence of Persuasive Writing.......2000-07-05
Mr. Newmann, Jr., the author, has captured the essential ingredients of American Common-Law, from it's heritage, rule analysis, and sources of law to it's practical application using lawyerly persuasion with words. Presented is a practical, logical, and understandable book format that supports the applied art of legal interpreting, reasoning, persuasive writing. This book is a must-have for all who desire to analyze facts with rules and then create persuasive or predictive legal written results in legal style.
Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution.
Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Book Description
Limited liability companies (LLCs) are a hybrid business form that combines owner liability protection similar to that of a corporation with the tax treatment and administrative ease of a partnership. To help business owners access the protections of LLCs without the burdens and formalities of forming a corporation, this easy-to-use book/CD-ROM package explains how to get started and maintaining a LLC, with detailed requirements for every state.
Customer Reviews:
Great book for starting an LLC with no idea where to start.......2006-06-30
The book broke each step down into easy-to-understand instructions. Great inforamtion on each State. Documents are also included for every aspect of the business (contracts, letters, HR forms...). I am now a partner in an LLC and it was a painless process thanks to this book.
Book Description
This book takes a fresh look at the most dynamic area of American law today, comprising the fields of copyright, patent, trademark, trade secrecy, publicity rights, and misappropriation. Topics range from copyright in private letters to defensive patenting of business methods, from moral rights in the visual arts to the banking of trademarks, from the impact of the court of patent appeals to the management of Mickey Mouse. The history and political science of intellectual property law, the challenge of digitization, the many statutes and judge-made doctrines, and the interplay with antitrust principles are all examined. The treatment is both positive (oriented toward understanding the law as it is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property rights can effectively reduce the amount of new intellectual property by raising the creators' input costs. Those analyses have also failed to integrate the fields of intellectual property law. They have failed as well to integrate intellectual property law with the law of physical property, overlooking the many economic and legal-doctrinal parallels.
This book demonstrates the fundamental economic rationality of intellectual property law, but is sympathetic to critics who believe that in recent decades Congress and the courts have gone too far in the creation and protection of intellectual property rights.
Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?
Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. Mr. Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.
Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.
Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels-from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Customer Reviews:
Tough Book-Interesting Idea.......2006-12-13
This is simply to say that if you are a student, and you are assigned this book, give yourself enough time to read it. It is thick, and Ely does things like stop in the middle of sentences and begin to talk to himself. It makes his idea difficult to follow. He also writes 6+ line sentences with no punctuation. It's not an impossible read, but it's not an overnight read either, FYI.
Seminal work from late scholar.......2003-11-04
One of the most cited Constitutional law scholars in legal history, John Hart Ely's book was published in 1980. The book, which earned the Order of the Coif award as the best book about law published from 1980 to 1982, focused on the role of the U.S. Supreme Court in interpreting the Constitution. He wrote that the judiciary's role was to assure democracy with an open and fair political process - without focusing solely on the original intent of the drafters of the Constitution, or inferring moral rights and values from the document's wording. Stanford Law School Dean Kathleen M. Sullivan said of the important book: "'Democracy and Distrust' is a masterpiece that combines elegant theory, raffish wit and a heartfelt search to ger the role of the Supreme Court in American democracy just right." The book angers many conservatives, who tend to believe that judges should avoid such interpretations of the Constitution, however this book, and his many other articles on Constitution law, are necessary reading for any well-read lawyer.
Juridprudence: Is there a middle ground?.......2001-07-12
This excellent little book tries to find a middle ground between the judicial activism advocated by Ronald Dworkin, for example, and the strict original intent approach eloquently defended by Robert Bork. Philosophy of jurisprudence is not always a concept easily grasped, however. In the first chapter, Ely takes us through the discussion of where and how judges drive their activist approach through the door. Ely agrees that the due process clause of the constitution is not the place where an activist jurist should hang his hat. The due process clause, he argues, is concerned strictly with procedural matters, though it can be forcefully enforced within that context. Likewise, he argues, the 14th amendment, with its equality clause and privileges and immunities clause, also has been used to broadly expand judicial oversight on a number of issues. Again, Ely dissents by arguing that the 9th amendment is the more appropriate vehicle because of the procedure issue that constrains the due process clause as well in the 14th amendment.
Judicial review must be rooted in some kind of context - but the noninterpretivist must choose, traditionally, from a long list of inadequate places: individual values of a jurist is inadequate; natural law is vague, as is moral philosophy generally; consensus is imprecise and debatable and neutral principle is damn near impossible to define. He roots his own support of Warren court in participation, which is rooted in our very notion of democracy. His phrase: "participatory responsiveness." We need not grasp at high moral claims to justify supporting civil rights, but in the simple idea that what is available to the majority, must be equally available to the minority. They must be allowed to participate equally, he seems to be arguing, a notion that is easily found in our own legal and constitutional history.
Next Ely walks us through the ways we might address specific issues within his theoretical approach, such as free speech, which need not be defended always in the broadest terms, but might be better addressed as a procedural or participatory issue - that is to say, if the court acts to limit free speech, it is best to do so through categories of unprotected speech rather than appealing to abstract rights or dangers, such as Holmes did when he spoke of imminent danger. (I hope I am following him here). He also addresses the issue of apportionment, and again seeks to have the court avoid such political entanglements by searching for the best way to allow all citizens the right to participate in our democracy - and one person, one vote became the only tenable way to do so. Ely includes in chapter 4 a short but helpful review of the constitution in which he discusses the document for what it is - not an abstract or ideological document, but rather a governing tool that seeks to protect a system, not push an ideological agenda. I wish he had added specific cases and shown how he might have handled them through his approach, particularly tough cases like abortion, for example. THe last chapter rambles a bit and is hard to follow but this is an interesting book, given that the hotly debated issue about judicial activism continues.
A true classic.......1999-10-05
John Ely's masterpiece on the the proper scope of judicial review is a must-read for anyone interested in the Supreme Court or just law in general. In short, Ely feels the Court should limit its power to assuring adequate access to the political process for all and not to giving answers to substantive issues such as abortion, affirmative action, economic rights, etc. In short, the book is a strong defense of the activism of the Warren Court (Ely clerked for Chief Justice Earl Warren and the book is dedicated to his memory). Though the emphasis on the work of the Warren Court may make the book seem a little outdated, the book is nevertheless relevant since it provides a partial justification for the abandonment of substantive due process that conservatives such as Antonin Scalia and Robert Bork have argued for in the 80's and 90's while at the same time defending certain types of judicial activism (for example, in voting rights or gay rights cases) that appeal to liberals. Though Ely's insights into constitutional law are brilliant (his corpus of law review articles from the 70's, many of which form the foundation for this book, provides some of the most well-thought arguments on many diverse areas of constitutional scholarship), his arguments are not without their weakpoints (though you may have to read the book a few times to find them- not a bad idea in any case). Specifically, the manner in which he derives his so-called "representation reinforcement" theory is problematic. It seems to be somewhat of a non sequiter to argue, as he does, that since one of the main themes of constitutional development has been the extension of access to the political process (in the form of the extension of the franchise, abolition of the federal poll tax, etc), the Court's should use such a development as a cue for how to read the Constitution. It not only seems to cheapen the amendment process, but also begs the question of why more democracy is desirable. In addition, Ely's theory of equal protection depends upon a good deal of psychology (trying to read the feelings that motivated legislators and their constituents) that sometimes leaves you scratching your head. While the arguments of the book are not perfect, it would be a mistake to think that any of them are severe enough to detract from the sum total of the wisdom contained in this unparalleled piece of legal scholarship.
One of the great law books.......1998-01-17
Professor John Hart Ely's "Democracy and Distrust" is, quite simply, one of the great books about American constitutional law. Ely's task, to come up with a cohesive and coherent theory for judicial review, is far from a simple task, and yet his writing is so smooth and easy that the task *seems* easy. It is relatively easy to summarize Ely's general theory in few words. He argues that the American process is essentially democratic and that the role of the courts should be to police that process. In particular, Ely focuses on the voting-rights amendments, the First Amendment (as speech is essential to a free and open democracy), and the protection of "discrete and insular minorities."
What is perhaps most startling about Ely's work is that, despite the fact that he comes from what may accurately be termed a liberal perspective, he rejects fundamental values as a means of making constitutional law. This rejection is particularly surprising in that so many of the liberal constitutional advances have come in the name of fundamental values. Yet Ely makes his case persuasively, listing and rejecting many of the possible bases for such values (from natural law to the judges' own values to consensus, e.g.).
"Democracy and Distrust" is an eminently accessible book for anyone with even a small background in constitutional law. Though the book would probably be beyond the ken of high-school students or college undergraduates without any exposure to legal thought, certainly no degree in law is required to understand the book. Ely aptly avoids excessive legal jargon and outlines his theory in language designed to persuade, not to impress.
If there is any criticism of "Democracy and Distrust" (and there is), it is that Ely presents his theory nearly in a vacuum. There are most assuredly other theories of judicial review, many of which are quite different from Ely's (to the point, almost, that one suspects there must be more than one Constitution to produce such disparate theories). In addition, there are clearly parts of the Constitution that are not directly concerned with democracy (the Fourth Amendment, for example, which Ely only mentions in passing), and the theory in this book cannot be comprehensive for failure to accommodate these parts of the Constitution.
For anyone with an interest in constitutional law, Ely should be required reading.
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