Author: Joel Cohen
Publisher: Amer Bar Assn
Release Date: 2014-10-07
Joel Cohen, a litigator for 40 years, interviewed 13 federal judges about specific controversial decisions, settlements and rulings. They allowed Cohen to "cross-examine" them, not just about these rulings, but about what, in their personal lives, may have influenced them. Blindfolds Off asks whether judges can, or should, disregard their influences, beliefs, expectations and temperament. This book now gives you the opportunity to listen in on judicial thinking in one high profile case after another.
Author: Russell Canan
Publisher: The New Press
Release Date: 2018-09-25
A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
However rare, some injustices are "objectively" determined, often through DNA evidence, which allows us to squarely establish innocence despite a conviction. But the stories selected for this book represent a cross-section: some are such that (almost) every reader will see and acknowledge the wrong, and some interviews may leave the readers scratching his head, wondering "what was the author thinking?" By speaking with those impacted by injustices that occurred over the last 60 years--during the 1950s at the height of McCarthyism, the 1980s in Louisiana and New York when race played a large a role in how justice was dispensed and how the media portrayed the participants, the aftermath of 9/11 when many were prepared to believe the worst, and the time shortly before the Supreme Court decided that marriage could be granted to same-sex couples--this book requires readers to look at injustice in the context of our times. The stories told by the participants themselves give the reader insight into the challenges of dispensing, and even commenting on, justice. The author asks difficult questions: Is there an injustice when the game seems to have been played fairly, but the System still got it wrong? Is it an injustice when a jury, properly charged with the evidence fairly presented, convicts the wrong man? Or when people, so passionate in their own point of view, use over-the-top tactics to persuade others of their position? These interviews add to the important--and what must be ongoing--conversation about injustice in America
Author: Richard A. Posner
Publisher: Harvard University Press
Release Date: 2016-01-04
Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
Author: Robert G. McCloskey
Publisher: University of Chicago Press
Release Date: 2016-05-02
For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to the past, present, and future prospects of this institution.
Author: Linda L. Berger
Release Date: 2017-08-07
This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.
Author: John Hughes-Wilson
Publisher: Hachette UK
Release Date: 2015-10-29
Three hundred and fifty-one men were executed by British Army firing squads between September 1914 and November 1920. By far the greatest number, 266 were shot for desertion in the face of the enemy. The executions continue to haunt the history of the war, with talk today of shell shock and posthumous pardons. Using material released from the Public Records Office and other sources, the authors reveal what really happened and place the story of these executions firmly in the context of the military, social and medical context of the period.
Author: Stephen Breyer
Release Date: 2016-08
"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
Author: Neal Feigenson
Publisher: NYU Press
Release Date: 2011-05-13
Winner of a 2005 Gustavus Myers Outstanding Book Award (Honorable Mention) Americans fear crime, are rattled by race and avoid honest discussions of both. Anxiety, denial, miscommunication, and ignorance abound. Imaginary connections between minorities and crime become real, self-fulfilling prophecies and authentic links to race, class, gender and crime go unexplored. Katheryn Russell-Brown, author of the highly acclaimed The Color of Crime, makes her way through this intellectual minefield, determined to shed light on the most persistent and perplexing domestic policy issues. The author tackles a range of race and crime issues. From outdated research methods that perpetuate stereotypes about African Americans, women, and crime to the over hyped discourse about gangsta rap and law breaking, Russell-Brown challenges the conventional wisdom of criminology. Underground Codes delves into understudied topics such as victimization rates for Native Americans—among the highest of any racial group—and how racial profiling affects the day-to-day lives of people of color. Innovative, well-researched and meticulously documented, Underground Codes makes a case for greater public involvement in the debate over law enforcement—and our own language—that must be heard if we are to begin to have a productive national conversation about crime and race.
Written with the narrative tension of The Road and the exquisite terror of classic Stephen King, Bird Box is a propulsive, edge-of-your-seat horror thriller, set in an apocalyptic near-future world—a masterpiece of suspense from the brilliantly imaginative Josh Malerman. Something is out there . . . Something terrifying that must not be seen. One glimpse and a person is driven to deadly violence. No one knows what it is or where it came from. Five years after it began, a handful of scattered survivors remain, including Malorie and her two young children. Living in an abandoned house near the river, she has dreamed of fleeing to a place where they might be safe. Now, that the boy and girl are four, it is time to go. But the journey ahead will be terrifying: twenty miles downriver in a rowboat—blindfolded—with nothing to rely on but her wits and the children’s trained ears. One wrong choice and they will die. And something is following them. But is it man, animal, or monster? Engulfed in darkness, surrounded by sounds both familiar and frightening, Malorie embarks on a harrowing odyssey—a trip that takes her into an unseen world and back into the past, to the companions who once saved her. Under the guidance of the stalwart Tom, a motely group of strangers banded together against the unseen terror, creating order from the chaos. But when supplies ran low, they were forced to venture outside—and confront the ultimate question: in a world gone mad, who can really be trusted? Interweaving past and present, Josh Malerman’s breathtaking debut is a horrific and gripping snapshot of a world unraveled that will have you racing to the final page.
Author: Siri Hustvedt
Publisher: Simon and Schuster
Release Date: 2017-05-02
From the author of The Blazing World, “a work of dizzying intensity…eloquent and vivid” (Don DeLillo), about a young Midwestern woman who finds herself entangled in intense circumstances—physical, cerebral, and existential—when she moves to New York City. Iris Vegan, a young, impoverished graduate student from the Midwest, finds herself entangled with four powerful but threatening characters as she tries to adjust to life in New York City. Mr. Morning, an inscrutable urban recluse, employs Iris to tape-record verbal descriptions of objects that belonged to a murder victim. George, a photographer, takes an eerie portrait of Iris, which then acquires a strong life of its own, appearing and disappearing without warning around the city. After a series of blinding migraines, Iris ends up in a hospital room with Mrs. O., a woman who has lost her mind and memory to a stroke, but who nevertheless retains both the strength and energy to torment her fellow patient. And finally, there is Professor Rose, Iris’s teacher and eventually her lover. While working with him on the translation of a German novella called The Brutal Boy, she discovers in its protagonist, Klaus, a vehicle for her own transformation and ventures out into the city again—this time dressed as a man.
America's most prominent legal mind and the #1 bestselling author of Chutzpah and The Best Defense, Alan Dershowitz, recounts his legal autobiography, describing how he came to the law, as well as the cases that have changed American jurisprudence over the past 50 years, most of which he has personally been involved in. In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homicide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
Author: Christopher T Robertson
Publisher: Academic Press
Release Date: 2016-01-30
What information should jurors have during court proceedings to render a just decision? Should politicians know who is donating money to their campaigns? Will scientists draw biased conclusions about drug efficacy when they know more about the patient or study population? The potential for bias in decision-making by physicians, lawyers, politicians, and scientists has been recognized for hundreds of years and drawn attention from media and scholars seeking to understand the role that conflicts of interests and other psychological processes play. However, commonly proposed solutions to biased decision-making, such as transparency (disclosing conflicts) or exclusion (avoiding conflicts) do not directly solve the underlying problem of bias and may have unintended consequences. Robertson and Kesselheim bring together a renowned group of interdisciplinary scholars to consider another way to reduce the risk of biased decision-making: blinding. What are the advantages and limitations of blinding? How can we quantify the biases in unblinded research? Can we develop new ways to blind decision-makers? What are the ethical problems with withholding information from decision-makers in the course of blinding? How can blinding be adapted to legal and scientific procedures and in institutions not previously open to this approach? Fundamentally, these sorts of questions—about who needs to know what—open new doors of inquiry for the design of scientific research studies, regulatory institutions, and courts. The volume surveys the theory, practice, and future of blinding, drawing upon leading authors with a diverse range of methodologies and areas of expertise, including forensic sciences, medicine, law, philosophy, economics, psychology, sociology, and statistics. Introduces readers to the primary policy issue this book seeks to address: biased decision-making. Provides a focus on blinding as a solution to bias, which has applicability in many domains. Traces the development of blinding as a solution to bias, and explores the different ways blinding has been employed. Includes case studies to explore particular uses of blinding for statisticians, radiologists, and fingerprint examiners, and whether the jurors and judges who rely upon them will value and understand blinding.