51 Imperfect Solutions

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

51 Imperfect Solutions

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190866047
Total Pages : 297 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis 51 Imperfect Solutions by : Jeffrey Stuart Sutton

Download or read book 51 Imperfect Solutions written by Jeffrey Stuart Sutton and published by Oxford University Press. This book was released on 2018 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform." -- Publisher's website.

Who Decides?

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Author :
Publisher : Oxford University Press
ISBN 13 : 0197582184
Total Pages : 497 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Who Decides? by : Jeffrey S. Sutton

Download or read book Who Decides? written by Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2021-10-29 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: "51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--

Looking for Rights in All the Wrong Places

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Publisher : Princeton University Press
ISBN 13 : 069115578X
Total Pages : 250 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Looking for Rights in All the Wrong Places by : Emily Zackin

Download or read book Looking for Rights in All the Wrong Places written by Emily Zackin and published by Princeton University Press. This book was released on 2013-04-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

State Constitutional Law

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Author :
Publisher : Ingram
ISBN 13 : 9781634596824
Total Pages : 0 pages
Book Rating : 4.5/5 (968 download)

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Book Synopsis State Constitutional Law by : Randy James Holland

Download or read book State Constitutional Law written by Randy James Holland and published by Ingram. This book was released on 2015-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court''s interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State''s constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.

The Federalist Papers

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Author :
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Capital Punishment on Trial

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Author :
Publisher : Landmark Law Cases & American
ISBN 13 :
Total Pages : 170 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Capital Punishment on Trial by : David M. Oshinsky

Download or read book Capital Punishment on Trial written by David M. Oshinsky and published by Landmark Law Cases & American. This book was released on 2010 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Pulitzer Prize-winning historian takes a new and closer look at the Supreme Court's controversial and much-debated stance on capital punishment in the landmark case of Furman v. Georgia.

Our Undemocratic Constitution

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Author :
Publisher : Oxford University Press
ISBN 13 : 0195365577
Total Pages : 260 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Our Undemocratic Constitution by : Sanford Levinson

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Settled Versus Right

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Author :
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Never Too Soon

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Publisher : BQB Publishing
ISBN 13 : 194544844X
Total Pages : 370 pages
Book Rating : 4.9/5 (454 download)

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Book Synopsis Never Too Soon by : Tamika Christy

Download or read book Never Too Soon written by Tamika Christy and published by BQB Publishing. This book was released on 2019-09-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Book 2 in the Anaya's World series. Things are looking up for Anaya Goode after the deaths of her brother and mother. She is the youngest (and highest paid) executive in Alameda County. She is in an adoring relationship with the love of her life, her natural twists are on point, and she runs a six-minute mile. What else matters? When Anaya is tasked with leading negotiations for the most significant development agreement in County history, her world unravels. If the antics of inept officials and her micromanaging boss aren't enough to drive Anaya mad, she discovers that her ex-boyfriend Jeff is commissioned as a consultant on the development agreement. Anaya hasn't had contact with Jeff since their messy break-up six years ago. As negotiations for the development agreement intensify, an internal scandal threatens Anaya's reputation---and her job. Amid bureaucratic indecision and public outrage, Anaya leans on Jeff for support, and unresolved feelings resurface. As Anaya questions her steady relationship, her extended family's perception of her as Goode matriarch puts her in the middle of every aunt's and cousin's problem. She is tired of serving as supplemental income to her scripture-quoting, ever-pregnant sister, and would love to burn the imaginary pedestal her family has perched her on. Can she see her work and family commitments through and still maintain her love life---and more importantly, her sense of self? Ripe with witty dialogue and relatable characters, "Never Too Soon" offers a look into complicated relationships and haunting pasts, and shows the importance of the familial ties that bind.

Unconstitutional Constitutional Amendments

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Soul Revolution

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Publisher : Zondervan
ISBN 13 : 0310309123
Total Pages : 290 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Soul Revolution by : John Burke

Download or read book Soul Revolution written by John Burke and published by Zondervan. This book was released on 2008-10-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: You've heard it all before. The promises for a better life get tiresome after awhile, because you know they don't deliver. However, they do touch on a profound and inescapable truth. You were created to live your life out of a rewarding, richly textured relationship with God and others--and deep down, you long to experience that kind of life. But how? Are you willing to devote sixty days to finding out? Soul Revolution may be one of the most important books you'll ever read. In it, author and pastor John Burke guides you on a journey of experiential discovery. Called the "60-60 Experiment," it has already made a profound impact on thousands who have discovered what it means to actually "do life" with God.

The Essential Scalia

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Author :
Publisher : Forum Books
ISBN 13 : 1984824104
Total Pages : 369 pages
Book Rating : 4.9/5 (848 download)

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Book Synopsis The Essential Scalia by : Antonin Scalia

Download or read book The Essential Scalia written by Antonin Scalia and published by Forum Books. This book was released on 2020-09-15 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia in his own words: the definitive collection of his opinions, speeches, and articles on the most essential and vexing legal questions, with an intimate foreword by Justice Elena Kagan “[Scalia’s writings] are as readable today as they were when they first appeared. . . . Especially illuminating to anyone who wants to unlock the mystery of why Ginsburg admired Scalia—or who wants to get a sense of where the Supreme Court may be headed.”—The Wall Street Journal A justice on the United States Supreme Court for three decades, Antonin Scalia transformed the way that judges, lawyers, and citizens think about the law. The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.

State Expansion and Conflict

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108415792
Total Pages : 297 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis State Expansion and Conflict by : Oren Barak

Download or read book State Expansion and Conflict written by Oren Barak and published by Cambridge University Press. This book was released on 2017-09-28 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed comparison of Lebanon and Israel/Palestine, two expanded states which have experienced conflict and stability domestically and in their mutual relations.

Risk, Uncertainty and Profit

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Publisher : Cosimo, Inc.
ISBN 13 : 1602060053
Total Pages : 401 pages
Book Rating : 4.6/5 (2 download)

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Book Synopsis Risk, Uncertainty and Profit by : Frank H. Knight

Download or read book Risk, Uncertainty and Profit written by Frank H. Knight and published by Cosimo, Inc.. This book was released on 2006-11-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timeless classic of economic theory that remains fascinating and pertinent today, this is Frank Knight's famous explanation of why perfect competition cannot eliminate profits, the important differences between "risk" and "uncertainty," and the vital role of the entrepreneur in profitmaking. Based on Knight's PhD dissertation, this 1921 work, balancing theory with fact to come to stunning insights, is a distinct pleasure to read. FRANK H. KNIGHT (1885-1972) is considered by some the greatest American scholar of economics of the 20th century. An economics professor at the University of Chicago from 1927 until 1955, he was one of the founders of the Chicago school of economics, which influenced Milton Friedman and George Stigler.

The Supreme Court and American Constitutionalism

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 9780847686599
Total Pages : 328 pages
Book Rating : 4.6/5 (865 download)

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Book Synopsis The Supreme Court and American Constitutionalism by : Bradford P. Wilson

Download or read book The Supreme Court and American Constitutionalism written by Bradford P. Wilson and published by Rowman & Littlefield. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government

Algorithms of Oppression

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Author :
Publisher : NYU Press
ISBN 13 : 1479837245
Total Pages : 245 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Algorithms of Oppression by : Safiya Umoja Noble

Download or read book Algorithms of Oppression written by Safiya Umoja Noble and published by NYU Press. This book was released on 2018-02-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgments -- Introduction: the power of algorithms -- A society, searching -- Searching for Black girls -- Searching for people and communities -- Searching for protections from search engines -- The future of knowledge in the public -- The future of information culture -- Conclusion: algorithms of oppression -- Epilogue -- Notes -- Bibliography -- Index -- About the author