Book picks similar to
Freedom of Expression (Understanding Canadian Law, #2) by Daniel J. Baum
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Five Chiefs: A Supreme Court Memoir
John Paul Stevens - 2011
Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time. In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices -- Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts -- that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005. Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.
The Trial: A History, from Socrates to O. J. Simpson
Sadakat Kadri - 2005
A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt's Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice-and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses-and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri's history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin's Soviet Union, but contends that no-trials, in Guantanamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri'sanalysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices-and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain's most prestigious travel-writing awards-and in doing so, he has created a masterpiece of popular history.
The Upside of Down: How Chaos and Uncertainty Breed Opportunity in South Africa
Bruce Whitfield - 2020
You are wasting your time.In a world of fake news, deep-fakes, manipulated feeds of information and divisive social-media agendas, it's easy to believe that our time is the most challenging in human history. It's just not true.It is a time of extraordinary opportunity. But only if you have the right mindset. Fear of the future breeds inaction and leads to strategic paralysis. We put off decisions until we can have certainty. We look for signals. We wait. And while we do that, the world moves on around us.Problem-solvers thrive in chaotic and uncertain times because they act to change their future. Winners recognise that in a world of growing uncertainty, you need to resort to actions on things you can control.And the only things over which you have absolute control are your attitude and your mindset. These, in turn, determine the actions you will take and that will define your future.A robust mindset is the one common characteristic Bruce Whitfield has identified in two decades of interrogating how South Africa's billionaires and start-up mavericks think differently. They are not naive Pollyannas. They don't ignore risk or hope that problems will go away. They constantly measure, manage, consider and weigh up opportunities in a tumultuous sea of uncertainty and find ways around obstacles.If, as Nobel Prize-winning economist Robert Shiller suggests, the stories we tell affect economic outcomes, then we need to tell different stories amidst the noise and haste of a rapidly evolving world.
The Mueller Report
The Washington Post - 2019
This edition from The Washington Post/Scribner contains: —The long-awaited Report On The Investigation Into Russian Interference In The 2016 Presidential Election —An introduction by The Washington Post titled “A President, a Prosecutor, and the Protection of American Democracy” —A timeline of the major events of the Special Counsel’s investigation from May 2017, when Robert Mueller was appointed, to the report's delivery —A guide to individuals involved, including in the Special Counsel’s Office, the Department of Justice, the FBI, the Trump Campaign, the White House, the Trump legal defense team, and the Russians —Key documents in the Special Counsel’s investigation, including filings pertaining to General Michael T. Flynn, Paul Manafort, Michael Cohen, Roger Stone, and the Russian internet operation in St. Petersburg. Each document is introduced and explained by Washington Post reporters. One of the most urgent and important investigations ever conducted, the Mueller inquiry focuses on Donald Trump, his presidential campaign, and Russian interference in the 2016 election, and draws on the testimony of dozens of witnesses and the work of some of the country’s most seasoned prosecutors. The special counsel’s investigation looms as a turning point in American history. The Mueller Report is essential reading for all citizens concerned about the fate of the presidency and the future of our democracy.
The Justice Game
Geoffrey Robertson - 1998
Success leads to opportunity; Robertson has found himself at the heart of a sequence of crucial freedom of expression trials--the Gay News blasphemy trial, the attempt to bust the National theatre over a play in which male rape took place, the arrest of a painter whose chosen subject was bank notes. His account of his career concentrates on these, and on his own entire brilliance in them; he is not a modest man, nor is there any particular reason why he should be, especially given how sharp and witty his accounts are. Robertson has also been involved in other causes cèlebres--he knows all about the Michael X case, and a variety of other capital cases in the Caribbean, and is fascinating on the Matrix Churchill case and the various libel actions around the "cash for questions" sleaze row. Anyone interested in the issues is going to find this a useful book--but the average intelligent reader is going to find the account of courtroom battles a guilty pleasure in itself. --Roz Kaveney
Breaking in: The Rise of Sonia Sotomayor and the Politics of Justice
Joan Biskupic - 2014
It's usually the sort of event one would expect from such a grand institution, with gentle parodies of the justices performed by their law clerks, but this year Sotomayor decided to shake it up—flooding the room with salsa music and coaxing her fellow justices to dance. It was little surprise in 2009 that President Barack Obama nominated a Hispanic judge to replace the retiring justice David Souter. The fact that there had never been a nominee to the nation's highest court from the nation's fastest growing minority had long been apparent. So the time was ripe—but how did it come to be Sonia Sotomayor? In Breaking In: The Rise of Sonia Sotomayor and the Politics of Justice, the veteran journalist Joan Biskupic answers that question. This is the story of how two forces providentially merged—the large ambitions of a talented Puerto Rican girl raised in the projects in the Bronx and the increasing political presence of Hispanics, from California to Texas, from Florida to the Northeast—resulting in a historical appointment. And this is not just a tale about breaking barriers as a Puerto Rican. It's about breaking barriers as a justice. Biskupic, the author of highly praised judicial biographies of Justice Antonin Scalia and Justice Sandra Day O'Connor, now pulls back the curtain on the Supreme Court nomination process, revealing the networks Sotomayor built and the skills she cultivated to go where no Hispanic has gone before. We see other potential candidates edged out along the way. And we see how, in challenging tradition and expanding our idea of a justice (as well as expanding her public persona), Sotomayor has created tension within and without the court's marble halls. As a Supreme Court justice, Sotomayor has shared her personal story to an unprecedented degree. And that story—of a Latina who emerged from tough times in the projects not only to prevail but also to rise to the top—has even become fabric for some of her most passionate comments on matters before the Court. But there is yet more to know about the rise of Sonia Sotomayor. Breaking In offers the larger, untold story of the woman who has been called "the people's justice."
Failing Law Schools
Brian Z. Tamanaha - 2012
Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.
Savannah Law
William Eleazer - 2009
The intense drama—both inside and outside the courtroom—builds to an unexpected climax in an unforgettable final chapter. Savannah Law is filled with colorful but believable characters, including a few cantankerous law professors, who demonstrate their vanity and eccentricities at the weekly faculty meetings. The novel will appeal to anyone who enjoys a legal thriller or Southern novel.
The Autobiography of an Execution
David R. Dow - 2010
"People think that because I am against the death penalty and don't think people should be executed, that I forgive those people for what they did. Well, it isn't my place to forgive people, and if it were, I probably wouldn't. I'm a judgmental and not very forgiving guy. Just ask my wife."It this spellbinding true crime narrative, Dow takes us inside of prisons, inside the complicated minds of judges, inside execution-administration chambers, into the lives of death row inmates (some shown to be innocent, others not) and even into his own home--where the toll of working on these gnarled and difficult cases is perhaps inevitably paid. He sheds insight onto unexpected phenomena-- how even religious lawyer and justices can evince deep rooted support for putting criminals to death-- and makes palpable the suspense that clings to every word and action when human lives hang in the balance.
The Discipline of Law
Alfred Thompson Denning - 1979
They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
Power and Constraint: The Accountable Presidency After 9/11
Jack L. Goldsmith - 2012
In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable.These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.
Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law
Preet Bharara - 2019
Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature. The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives. Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result). Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.
To End a Presidency: The Power of Impeachment
Laurence H. Tribe - 2018
Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century.Of impeachments, one Constitutional Convention delegate declared, "A good magistrate will not fear them. A bad one will be kept in fear of them." To End a Presidency is an essential book for all Americans seeking to understand how this crucial but fearsome power should be exercised.
The Concept of Law
H.L.A. Hart - 1961
First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.