Courts on Trial

Myth and Reality in American Justice

Author: Jerome Frank

Publisher: Princeton University Press

ISBN: 9780691027555

Category: Law

Page: 441

View: 2671

Provides an indepth analysis of the American legal system and proposes reforms in the workings of the court. Bibliogs
Posted in Law

Courts on Trial

Myth and Reality in American Justice

Author: Jerome Frank

Publisher: N.A


Category: Courts

Page: 441

View: 3391

Posted in Courts

Our courts on trial

Author: V. R. Krishna Iyer

Publisher: N.A


Category: Law

Page: 164

View: 2435

Posted in Law

America's Courts on Trial

Questioning Our Legal System

Author: Elaine Pascoe

Publisher: N.A

ISBN: 9780761301042

Category: Juvenile Nonfiction

Page: 112

View: 1377

Examines controversial aspects of America's court system such as whether the concept of trial by jury is outmoded, the courts are racially biased, or media coverage of trials should be limited.
Posted in Juvenile Nonfiction

Agent Orange on Trial

Mass Toxic Disasters in the Courts

Author: Peter H. Schuck

Publisher: Harvard University Press

ISBN: 9780674010260

Category: Law

Page: 363

View: 519

Recounts the courtroom confrontation between millions of ex-soldiers, the chemical industry and the federal government, from the first stirrings of the lawyers in 1978 to the court plan to distribute a record two-hundred-million-dollar settlement in 1985
Posted in Law

The Supreme Court on Trial

Judicial Activism Or Democratic Dialogue

Author: Kent Roach

Publisher: N.A

ISBN: 9781552210543

Category: Law

Page: 352

View: 4212

This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
Posted in Law

Gun Control on Trial

Inside the Supreme Court Battle Over the Second Amendment

Author: Brian Doherty

Publisher: Cato Institute

ISBN: 193399598X

Category: Political Science

Page: 126

View: 1496

In June 2008, the Supreme Court had its first opportunity in seven decades to decide a question at the heart of one of America’s most impassioned debates: Do Americans have a right to possess guns? Gun Control on Trial tells the full story of the Court’s decision in District of Columbia v. Heller, which ended the District’s gun ban. With exclusive behind-the-scenes access throughout the process, author Brian Doherty is uniquely positioned to delve into the issues of this monumental case and provides compelling looks at the inside stories, including the plaintiffs’ fight for the right to protect their lives, the activist lawyers who worked to affirm that right, and the forces who fought to stop the case.
Posted in Political Science

Mass Incarceration on Trial

A Remarkable Court Decision and the Future of Prisons in America

Author: Jonathan Simon

Publisher: New Press, The

ISBN: 1595587926

Category: Law

Page: 224

View: 7473

For nearly forty years the United States has been gripped by policies that have placed more than 2.5 million Americans in jails and prisons designed to hold a fraction of that number of inmates. Our prisons are not only vast and overcrowded, they are degrading—relying on racist gangs, lockdowns, and Supermax-style segregation units to maintain a tenuous order. Mass Incarceration on Trial examines a series of landmark decisions about prison conditions—culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court—that has opened an unexpected escape route from this trap of “tough on crime” politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. Simon argues that much like the school segregation cases of the last century, these new cases represent a major breakthrough in jurisprudence—moving us from a hollowed-out vision of civil rights to the threshold of human rights and giving court backing for the argument that, because the conditions it creates are fundamentally cruel and unusual, mass incarceration is inherently unconstitutional. Since the publication of Michelle Alexander’s The New Jim Crow, states around the country have begun to question the fundamental fairness of our criminal justice system. This book offers a provocative and brilliant reading to the end of mass incarceration.
Posted in Law

Mothers on Trial

The Battle for Children and Custody

Author: Phyllis Chesler

Publisher: Chicago Review Press

ISBN: 1569769095

Category: Family & Relationships

Page: 512

View: 9796

Updated and revised with seven new chapters, a new introduction, and a new resources section, this landmark book is invaluable for women facing a custody battle. It was the first to break the myth that mothers receive preferential treatment over fathers in custody disputes. Although mothers generally retain custody when fathers choose not to fight for it, fathers who seek custody often win--not because the mother is unfit or the father has been the primary caregiver but because, as Phyllis Chesler argues, women are held to a much higher standard of parenting. Incorporating findings from years of research, hundreds of interviews, and international surveys about child-custody arrangements, Chesler argues for new guidelines to resolve custody disputes and to prevent the continued oppression of mothers in custody situations. This book provides a philosophical and psychological perspective as well as practical advice from one of the country's leading matrimonial lawyers. Both an indictment of a discriminatory system and a call to action over motherhood under siege, "Mothers on Trial" is essential reading for anyone concerned either personally or professionally with custody rights and the well-being of the children involved.
Posted in Family & Relationships

Adversarial Justice

America's Court System on Trial

Author: Theodore L. Kubicek

Publisher: Algora Publishing

ISBN: 0875865275

Category: Law

Page: 210

View: 7109

Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Posted in Law

Science on Trial

The Clash of Medical Evidence and the Law in the Breast Implant Case

Author: Marcia Angell

Publisher: W. W. Norton & Company

ISBN: 9780393316728

Category: Law

Page: 268

View: 338

A New York Times Notable Book of 1996 explores the different ways that medical science, the law, and the public weighed the evidence in the case of settlements awarded to women alleging illness caused by silicone breast implants. Reprint.
Posted in Law

Kadi on Trial

A Multifaceted Analysis of the Kadi Trial

Author: Matej Avbelj,Filippo Fontanelli,Giuseppe Martinico

Publisher: Routledge

ISBN: 1134448449

Category: Law

Page: 234

View: 6541

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.
Posted in Law

The Supreme Court on Trial

Author: David Listokin

Publisher: Routledge

ISBN: 1351472984

Category: Law

Page: 320

View: 5930

Although it was written at a time of national self-criticism, The Supreme Court on Trial remains a classic examination of the place of the Supreme Court in the American political system. When originally published, the American people were engaged in a severe examination of their basic commitments, their way of life, and the direction they appeared to be going. The contemporary literature--over the air, in newspaper editorials and columns, in books and articles--was heavy with protest, admonition, and exhortation. Although the times are different, the issues raised in this volume continue to be important. The American system exalts the American citizen as common man, with claims to the dignity of citizens, and pleas for securing their civil rights. At the same time, citizens are criticized for their cultural provincialism, fear of intellectual endeavor, and adoption of conformity. Political institutions are not immune from such evaluations. We have created Hoover commissions to study the national administrative system; the Electoral College has been the subject of persistent scrutiny since World War II. There have been demands for reconstitution of our state lawmaking bodies. What links the concerns current at the time of original publication of this volume and concerns today most obviously are deep concern we now display for the character and quality of our public school curriculum and for the administrative structure which maintains and manages our schools. The role of the Supreme Court in these concerns is evident. The purpose of the book is to examine critically the place of the Supreme Court in our political system and to improve the public understanding of what the Supreme Court does, how its acts have been received, and how its way of influencing public policy is related to other methods of making public policy.
Posted in Law

The Supreme Court on Trial

Author: Charles S. Hyneman

Publisher: Transaction Publishers

ISBN: 0202369374

Category: Judicial review

Page: 308

View: 7629

Posted in Judicial review

The Supreme Court on Trial

How the American Justice System Sacrifices Innocent Defendants

Author: George C. Thomas

Publisher: University of Michigan Press

ISBN: 0472026089

Category: Law

Page: 320

View: 9413

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Posted in Law

Trying Leviathan

The Nineteenth-Century New York Court Case That Put the Whale on Trial and Challenged the Order of Nature

Author: D. Graham Burnett

Publisher: Princeton University Press

ISBN: 9780691146157

Category: History

Page: 266

View: 1854

Recounts the 1818 trial Maurice v. Judd in which the new science of taxonomy was pitted against a dispute over the regulation of whale oil and the then-popular view that the whale was a fish.
Posted in History

A Crime of Self-Defense

Bernhard Goetz and the Law on Trial

Author: George P. Fletcher

Publisher: University of Chicago Press

ISBN: 9780226253343

Category: Law

Page: 272

View: 6209

Legal expert George Fletcher uses the celebrated trial of New York's "Subway Vigilante", Bernhard Goetz, as a springboard to probe the profound relationship between this defensive action, the public's understanding of it, and the court's interpretation of it according to the law.
Posted in Law

Oral History on Trial

Recognizing Aboriginal Narratives in the Courts

Author: Bruce Granville Miller

Publisher: UBC Press

ISBN: 077482073X

Category: Social Science

Page: 212

View: 8208

This important book breaks new ground by asking how oral histories might be incorporated into existing text-based, "black letter law" court systems. Along with a compelling analysis of Aboriginal, legal, and anthropological concepts of fact and evidence, Oral History on Trial traces the long trajectory of oral history from community to court, and offers a sophisticated critique of the Crown's use of Aboriginal materials in key cases. A bold intervention in legal and anthropological scholarship, Oral History on Trial presents a powerful argument for a reconsideration of the Crown's approach to oral history.
Posted in Social Science

The Hollow Hope

Can Courts Bring About Social Change? Second Edition

Author: Gerald N. Rosenberg

Publisher: University of Chicago Press

ISBN: 9780226726687

Category: Political Science

Page: 534

View: 594

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Posted in Political Science