Book picks similar to
Justice John Marshall Harlan: Lectures on Constitutional Law, 1897-98 by John Marshall Harlan
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A Lawyer's Life
Johnnie Cochran - 2002
In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America's best - and most controversial lawyers - for leading 'the Dream Team' defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story.Cochran emerged from the trial as one of the nation's leading African-American spokespersons - and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean "P. Diddy" Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines - and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they've read his whole story.Drawing on Cochran's most intriguing and difficult cases, A Lawyer's Life shows how he's fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer's attempt to make us all truly equal in the eyes of the law.
Ordinary Injustice: How America Holds Court
Amy Bach - 2009
Less visible is the chronic injustice meted out daily by a profoundly defective system.In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible--the first and necessary step to any reform.Full of gripping human stories, sharp analyses, and a crusader's sense of urgency, "Ordinary Injustice" is a major reassessment of the health of the nation's courtrooms.
Uncertain Justice: The Roberts Court and the Constitution
Laurence H. Tribe - 2014
Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
The Second Amendment
Michael Waldman - 2014
Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
The Jefferson Rule: How the Founding Fathers Became Infallible and Our Politics Inflexible
David Sehat - 2015
They have used an outdated context to make sense of contemporary concerns. This oversimplification obscures our real issues. From Jefferson to this very day we have looked to the eighteenth century to solve our problems, even though the Fathers themselves were a querulous and divided group who rarely agreed. Coming to terms with the past, Sehat suggests, would be the start of a productive debate. And in this account, which is by turns informative, colorful, and witty, he shows us why.
Justice for All: Earl Warren and the Nation He Made
Jim Newton - 2006
Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.
Supreme Ambition: Brett Kavanaugh and the Conservative Takeover
Ruth Marcus - 2019
Brett Kavanaugh set his sights on the court right out of law school. Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of how their supreme ambition triumphed. The Kavanaugh drama unfolded so fast in the summer of 2018 it seemed to come out of nowhere. With the power of the #MeToo movement behind her, a terrified but composed Christine Blasey Ford walked into a Senate hearing room to accuse Kavanaugh of sexual assault. This unleashed unprecedented fury from a Supreme Court nominee who accused Democrats of a “calculated and orchestrated political hit.” But behind this showdown was a much bigger one. In Supreme Ambition, Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the thirty-year mission by conservatives to win a majority on the Supreme Court and the lifelong ambition of Brett Kavanaugh to secure his place in that victory. In that sense, Marcus has delivered a master class in how Washington works and an unforgettable case study in supreme ambition. The reporting in Supreme Ambition is also full of revealing and weighty headlines, as Marcus answers the most pressing questions surrounding this historical moment: How did Kavanaugh get the nomination? Was Blasey Ford’s testimony credible? What does his confirmation mean for the future of the court? Were the Democrats outgunned from the start? On the way, she uncovers secret White House meetings, intense lobbying efforts, private confrontations on Capitol Hill, and lives forever upended on both coasts. Supreme Ambition is a page-turner that traces how Brett Kavanaugh deftly maneuvered to become the nominee; how he quashed resistance from Republicans who worried he was too squishy on conservative issues and from a president reluctant to reward a George W. Bush loyalist. It shows a Republican party that had concluded Kavanaugh was too big to fail, with senators and the FBI ignoring potentially devastating evidence against him. And it paints a picture of Democratic leaders unwilling to engage in the no-holds-barred partisan warfare that might have defeated the nominee. In the tradition of The Brethren and The Power Broker, Supreme Ambition is the definitive account of a pivotal moment in modern history, one that was thirty years in the making and that will shape the judicial system of America for generations to come.
Oklahoma's Atticus: An Innocent Man and the Lawyer Who Fought for Him
Hunter Howe Cates - 2019
When Youngwolfe recants his confession, saying he was forced to confess by the authorities, his city condemns him, except for one man—public defender and Creek Indian Elliott Howe. Recognizing in Youngwolfe the life that could have been his if not for a few lucky breaks, Howe risks his career to defend Youngwolfe against the powerful county attorney’s office. Forgotten today, the sensational story of the murder, investigation, and trial made headlines nationwide.Oklahoma’s Atticus is a tale of two cities—oil-rich downtown Tulsa and the dirt-poor slums of north Tulsa; of two newspapers—each taking different sides in the trial; and of two men both born poor Native Americans, but whose lives took drastically different paths. Hunter Howe Cates explores his grandfather’s story, both a true-crime murder mystery and a legal thriller. Oklahoma’s Atticus is full of colorful characters, from the seventy-two-year-old mystic who correctly predicted where the body was buried, to the Kansas City police sergeant who founded one of America’s most advanced forensics labs and pioneered the use of lie detector evidence, to the ambitious assistant county attorney who would rise to become the future governor of Oklahoma. At the same time, it is a story that explores issues that still divide our nation: police brutality and corruption; the effects of poverty, inequality, and racism in criminal justice; the power of the media to drive and shape public opinion; and the primacy of the presumption of innocence. Oklahoma’s Atticus is an inspiring true underdog story of unity, courage, and justice that invites readers to confront their own preconceived notions of guilt and innocence.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Trial Techniques
Thomas A. Mauet - 1995
This long-time leading course book is an invaluable source for prospective trial lawyers, presenting: - a best-selling author renowned for his skills both as a writer and litigator - a clear, engaging writing style that breaks the trial process down into its critical components for more thorough and efficient comprehension - excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more - an appendix containing the Federal Rules of Evidence for easy reference
Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women's Lives at Work
Gillian Thomas - 2016
Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting.These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip.Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
James MacGregor Burns - 2009
Packing the Court: The Rise of Judicial Power and the Coming Crisis of the Supreme Court
Fight of the Century: Writers Reflect on 100 Years of Landmark ACLU Cases
Michael ChabonSergio de la Pava - 2020
A century after its founding, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, prize-winning authors Michael Chabon and Ayelet Waldman have curated an anthology of essays about landmark cases in the ACLU’s 100-year history. In Fight of the Century, bestselling and award-winning authors present unique literary takes on historic decisions like Brown v. Board of Education, the Scopes trial, Roe v. Wade, and more. Contributors include Geraldine Brooks, Michael Cunningham, Jennifer Egan, Dave Eggers, Louise Erdrich, Neil Gaiman, Lauren Groff, Marlon James, Viet Thanh Nguyen, Morgan Parker, Ann Patchett, Salman Rushdie, George Saunders, Elizabeth Strout, Jesmyn Ward, Meg Wolitzer, and more. Fight of the Century shows how throughout American history, pivotal legal battles, fought primarily by underdogs and their lawyers, have advanced civil rights and social justice. The ACLU has been integral in this process. The essays range from personal memoir to narrative history, each shedding light on the work of one remarkable organization as it shaped a country. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.
John Marshall: Definer of a Nation
Jean Edward Smith - 1996
An apt symbol of the man who shaped both court and country.Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption
Brian Cuban - 2017
With a famous last name and a successful career as a lawyer, Brian was able to hide his clinical depression and alcohol and cocaine addictions—for a while. Today, as an inspirational speaker in long-term recovery, Brian looks back on his journey with honesty, compassion, and even humor as he reflects both on what he has learned about himself and his career choice and how the legal profession enables addiction. His demons, which date to his childhood, controlled him through failed marriages and stays in a psychiatric facility, until they brought him to the brink of suicide. That was his wake-up call. This is his story. Brian also takes an in-depth look at why there is such a high percentage of problematic alcohol use and other mental health issues in the legal profession. What types of therapies work? Are 12-step programs the only answer? Brian also includes interviews with experts on the subject as well as others in the profession who are now in recovery. The Addicted Lawyer is both a serious study of addiction and a compelling story of redemption.