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Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System
Alec Karakatsanis - 2019
For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It’s perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums.He is also very concerned about how the bail system, meant to ensure that people return for court dates, has morphed into a way to lock up poor people who have not been convicted of anything. He’s so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their bail was found to be unconstitutional.Karakatsanis does not believe there should be two different justice systems for the rich and for the poor. And he certainly doesn’t think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings. Usual Cruelty is a profoundly radical reconsideration of the American “injustice system” by someone who is actively, wildly successfully, challenging it.
Before Memory Fades: An Autobiography
Fali S. Nariman - 2010
Nariman moves on to deal with a wide variety of important subjects, such as: q The sanctity of the Indian Constitution and attempts to tamper with it. q Crucial cases that have made a decisive impact on the nation, especially on the interpretation of the law. q The relationship between the political class and the judiciary. q The cancer of corruption and how to combat this menace. The author outlines measures to restore the now-low credibility of the legal profession. He also delineates his role in several high-profile cases. In recognition of his track record, the Government of India nominated him to the Rajya Sabha. He describes the highlights of his tenure there. Both members of the legal profession and the lay reader will find the contents informative and useful.
The Prosecutors: A Year in the Life of a District Attorney's Office
Gary Delsohn - 2003
Allowed unprecedented access to spend a year inside an urban prosecutors' office, Gary Delsohn provides a riveting, behind-the-scenes look at how America's increasingly overburdened judicial system really functions. Seen through the eyes of the main characters in this true-life drama-John O'Mara, a tough, jaded homicide chief and Jan Scully, an accomplished former sex-crimes prosecutor who is now the D.A.-The Prosecutors shows us these dedicated public servants at work. The cases they encounter within this one year are as shocking as they are indelible: * A simple robbery in Sacramento, California, goes bad and shatters a family forever. * A serial killer is caught only after a nationwide manhunt. * A well-respected doctor is accused of murdering his own daughter. * A twenty-five-year-old cold case involving Patty Hearst and the SLA explodes and brings incredible pressure and scrutiny to the D.A.'s office. * The son of a high-ranking California state prosecutor faces a possible death penalty for kidnap, rape,and murder. The Prosecutors chronicles the real-life legal dramas that are waged daily in our courtrooms. It is a book that enlightens, educates, entertains, and even infuriates at times with the miscarriages of justice, but, ultimately, shows in stark detail the intricacies that make our legal system work.
Memoirs Of A Radical Lawyer
Michael Mansfield - 2009
Unafraid of rejection or failure, Michael has taken on the most difficult and challenging cases of our times and despite the odds, won plenty. In Memoirs of a Radical Lawyer Michael dissects many of them, revealing his motivations, meticulous approach to forensic science, cross examination techniques, the political dimensions and emotional reactions with clarity, subtlety and charm. Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael's quirky brand of anarchic humour. Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the 'Fertilizer' conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the 'Ricin' trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time.
The Living Constitution
David A. Strauss - 2010
He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
International Law
Malcolm N. Shaw - 1991
The fifth edition includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. It will remain an invaluable resource for students and practitioners alike. While essential reading for students of international relations and the political sciences, the scope of the text also makes it of interest to lawyers and government and international employees. Previous Edition Hb (1997): 0-521-59384-0 Previous Edition Pb (1997): 0-521-57667-9
Carceral Capitalism
Jackie Wang - 2017
When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police?—from Carceral CapitalismIn this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible.Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.
From Disgust to Humanity: Sexual Orientation and Constitutional Law
Martha C. Nussbaum - 2010
In From Disgust to Humanity, Nussbaum aims her considerable intellectual firepower at the bulwark of opposition to gay equality: the politics of disgust.Nussbaum argues that disgust has long been among the fundamental motivations of those who are fighting for legal discrimination against lesbian and gay citizens. When confronted with same-sex acts and relationships, she writes, they experience a deep aversion akin to that inspired by bodily wastes, slimy insects, and spoiled food--and then cite that very reaction to justify a range of legal restrictions, from sodomy laws to bans on same-sex marriage. Leon Kass, former head of President Bush's President's Council on Bioethics, even argues that this repugnance has an inherent wisdom, steering us away from destructive choices. Nussbaum believes that the politics of disgust must be confronted directly, for it contradicts the basic principle of the equality of all citizens under the law. It says that the mere fact that you happen to make me want to vomit is reason enough for me to treat you as a social pariah, denying you some of your most basic entitlements as a citizen. In its place she offers a politics of humanity, based not merely on respect, but something akin to love, an uplifting imaginative engagement with others, an active effort to see the world from their perspectives, as fellow human beings. Combining rigorous analysis of the leading constitutional cases with philosophical reflection about underlying concepts of privacy, respect, discrimination, and liberty, Nussbaum discusses issues ranging from non-discrimination and same-sex marriage to public sex. Recent landmark decisions suggest that the views of state and federal courts are shifting toward a humanity-centered vision, and Nussbaum's powerful arguments will undoubtedly advance that cause.Incisive, rigorous, and deeply humane, From Disgust to Humanity is a stunning contribution to Oxford's distinguished Inalienable Rights series.
The Devil's Advocate
Iain Morley - 2005
Written in a humorous and engaging style, this pocket-sized ready-reckoner is easy to read with the text presented in easily absorbable sections. The author steers the reader through the key principles and practical applications of advocacy, step by step in a clear and logical manner.
So Help Me God
Larry D. Thompson - 2004
Lord “The courtroom drama and testimony are brilliantly conceived and carried out…a thoughtful, complex and timely novel, a compelling story one is loath to put aside to do one’s daily work.”—Galveston Daily News "So Help Me God is not only a page-turner but a warning as well. Through a deft, fascinating storyline Larry D. Thompson shows us what can happen here if we're not careful."—Ed Gorman“So Help Me God is an exciting legal thriller that takes the reader on a sizzling ride as a courtroom becomes the battlefield over one of the most controversial social issues of our time. Not since the Scopes Monkey Trial has a man of religion and a man of ideas clashed so dramatically and brilliantly in a courtroom.” –Junius Podrug, award winning author of Presumed Guilty“I don’t think I have ever read anything quite so compelling. Everything was woven together beautifully and could only have been done so by someone who had actually lived through similar experiences in the courtroom.”—pennyterk.com“Move over John Grisham!”—Denton A. Cooley, MD, world-renowned pioneer heart surgeon“Seldom does a first effort at courtroom fiction find itself in the class of such notables as Inherit the Wind, The Verdict, and The Rainmaker. But Larry Thompson’s So Help Me God belongs there. I predict it will become a modern day classic courtroom tale.”—Jim Perdue, Sr., nationally renowned trial lawyer and author of I Remember Atticus“I hated to finish that last page of So Help Me God…the courtroom scenes are both realistic and spell-binding.”—Hartley Hampton, past president of the Texas Trial Lawyers AssociationAbout the AuthorA veteran Texas trial lawyer, LARRY D. THOMPSON has drawn upon decades of experience in the courtroom to produce his first novel, So Help Me God. Thompson, a one-time journalism major who used his talent for writing to excel at the University of Texas School of Law, is now managing partner of the Houston trial firm he founded. Recently honored by Texas Monthly Magazine as a "Texas Super Lawyer," he is the proud father of three grown children, an active golfer, SCUBA diver, runner, and outdoor enthusiast. His biggest inspiration both in life and literature is his late brother, best-selling author Thomas Thompson.
Hate Crimes in Cyberspace
Danielle Keats Citron - 2014
Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible to stop, Hate Crimes in Cyberspace reveals the serious emotional, professional, and financial harms incurred by victims.Persistent online attacks disproportionately target women and frequently include detailed fantasies of rape as well as reputation-ruining lies and sexually explicit photographs. And if dealing with a single attacker’s “revenge porn” were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber-mobs.Hate Crimes in Cyberspace rejects the view of the Internet as an anarchic Wild West, where those who venture online must be thick-skinned enough to endure all manner of verbal assault in the name of free speech protection, no matter how distasteful or abusive. Cyber-harassment is a matter of civil rights law, Citron contends, and legal precedents as well as social norms of decency and civility must be leveraged to stop it.
Criminal Law
Joel Samaha - 2007
With a balanced blend of case excerpts and author commentary, Samaha guides you as you hone your critical thinking and legal analysis skills. You'll see the principles, defenses, and elements of crime at work as you progress through the book-and you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons property, society, and crimes against the state. Featuring the latest topics and court cases, as well as many study tools to help you do well in this course, Samaha's CRIMINAL LAW is a text you will want to keep as a valuable reference even after you graduate and begin your career in the criminal justice field of your choosing.
Working for Yourself: Law & Taxes for Independent Contractors, Freelancers & Consultants
Stephen Fishman - 2000
Fortunately, Working for Yourself provides all the information you need to stay on top of it all. An independent contractor himself, Stephen Fishman shows you everything you need to know to meet business start-up requirements, pick a business structure, set up home or outside offices, obtain permits and licenses, price your services or products, comply with strict IRS rules, establish sound business relationships, avoid unfair contracts, draft good agreements, keep good records, get paid in full and on time, and much, much more! The 6th edition is completely revised to provide the up-to-date information you need, including the most current tax rates and changes in the law. Whether you already work for yourself or are thinking about making the move, Working for Yourself will help make sure you do it right.
Employment Law for Business
Dawn D. Bennett-Alexander - 1997
It is intended to instruct students on how to manage effectively and efficiently with full comprehension of the legal ramifications of their decisions. Students are shown how to analyze employment law facts using concrete examples of management-related legal dilemmas that do not present clear-cut solutions. The methods of arriving at resolutions are emphasized, so that when the facts of the workplace problem are not quite the same, the student can still reach a good decision based on the legal considerations required by law, which remain relevant.
My Life
David Lange - 2005
His Labour government introduced sweeping new legislation that unchained the country from its old conservative bonds, established the world's first nuclear free state and let loose a free market economic agenda that radically transformed the country. It was a rapid climb to the very top for the overweight doctor's son from working class South Auckland. As leader during the final years of the Cold War he confronted the agendas of Ronald Reagan and Margaret Thatcher, and lived through the political upheavals of the fall of the Soviet Union, post-apartheid South Africa and Rajiv Ghandi's India. Along the way he memorably defeated the Reverend Jerry Falwell in a famous Oxford Union debate about the morality and sanity of the nuclear arms race, and negotiated the aftermath of the tragic bombing of the Rainbow Warrior by French agents in Auckland harbour.