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Cross Examination Handbook: Persuasion Strategies and Techniques by Ronald H. Clark
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The Conservative Assault on the Constitution
Erwin Chemerinsky - 2010
Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American.As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion.Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people.Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect.The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.
Don't Go To Law School (Unless): A Law Professor's Inside Guide to Maximizing Opportunity and Minimizing Risk
Paul Campos - 2012
When is it still worth it? Law professor Paul Campos answers that question in this book, which gives prospective law students, their families, and current law students the tools they need to make a smart decision about applying to, enrolling in, and remaining in law school. Campos explains how the law school game is won and lost, from the perspective of an insider who has become the most prominent and widely cited critic of the deceptive tactics law schools use to convince the large majority of law students to pay far more for their law degrees than those degrees are worth.DON’T GO TO LAW SCHOOL (UNLESS) reveals which law schools are still worth attending, at what price, and what sorts of legal careers it makes sense to pursue today. It outlines the various economic and psychological traps law students and new lawyers fall into, and how to avoid them. This book is a must-read if you or someone you care about is considering law school, or wondering whether to stay enrolled in one now.
In Your Defence: Stories of Life and Law
Sarah Langford - 2018
Her job is to stand in court representing the mad and the bad, the vulnerable, the heartbroken and the hopeful. She must become their voice: weave their story around the black and white of the law and tell it to the courtroom. These stories may not make headlines but they will change the lives of ordinary people in extraordinary ways. They are stories which, but for a twist of luck, might have been yours.To work at the Bar is to enter a world shrouded by strange clothing, archaic rituals and inaccessible language. So how does it feel to be an instrument of such an unknowable system? And what does it mean to be at its mercy? Our legal system promises us justice, impartiality and fair judgement. Does it, or can it, deliver this?With remarkable candour, Sarah describes eleven cases which reveal what goes on in our criminal and family courts. She examines how she feels as she defends the person standing in the dock. She tells compelling stories - of domestic fall out, everyday burglary, sexual indiscretion, and children caught up in the law – that are sometimes shocking and often heart-stopping. She shows us how our attitudes and actions can shape not only the outcome of a case, but the legal system itself.
The LSAT Trainer: A Remarkable Self-Study Guide for the Self-Driven Student
Mike Kim - 2013
The LSAT Trainer. Your LSAT score is the most important part of the law school admissions process. It is far more important than your essays, your recommendations, your GPA, where you went to college, or where you come from. A top LSAT score can open doors for you that would be virtually impossible to open otherwise. Most people are capable of drastically improving their scores with the right preparation. Most people score about the same on the actual exam as they do on their first diagnostic. The LSAT Trainer is the most advanced and effective LSAT learning system ever developed. No other book has ever explained the LSAT with as much depth and clarity, or presented strategies that are as simple, intuitive, and effective. But that's not what makes The LSAT Trainer truly special... Other books are designed to help you understand The LSAT. And that's what we expect our academic books to do. But the LSAT is not a test of what you know. Arguably, a super-smart eighth grader with no advanced training but great reading skills and common sense can get a perfect score on the exam. The LSAT is a test of how you think. The LSAT Trainer is a workbook--it is specifically designed to help you get better and better at thinking through and solving LSAT questions. Lessons and strategies are carefully combined with pinpointed drills and hundreds of real LSAT problems to help you transform what you read about into what you can do. Other books can help you understand the LSAT. The LSAT Trainer will help you get better at it.
Damages
Barry Werth - 1998
Instead, one of the babies was stillborn -- and the other just barely clinging to life. The Sabias loved Little Tony and never considered putting him in a home. But caring for their son would exhaust them, emotionally, physically, and financially, and put a nearly lethal strain on their marriage. It was only when Donna, at the local playground, met another mother -- who suggested suing -- that the Sabias saw some hope for relief.This is the riveting true story of one family's journey into the maelstrom of a malpractice lawsuit -- and the attorneys, doctors, insurance carriers, and countless other players in the seven-year struggle toward resolution. It is at once a heartrending tale of human sorrow -- and, in the words of The San Francisco Chronicle, "a disturbing biopsy of a system in serious need of overhaul."
The Legal Analyst: A Toolkit for Thinking about the Law
Ward Farnsworth - 2007
Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
Trials of the State: Law and the Decline of Politics
Jonathan Sumption - 2019
In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges?Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
The Law Machine
Marcel Berlins - 1986
Revised and updated throughout for this fifth edition, THE LAW MACHINE surveys recent developments in the workings of justice and the outlook for the future. 'Refreshingly free of the patronizing attitude and the humbug with which other books about the legal system are riddled' - THES
A History of American Law
Lawrence M. Friedman - 1973
Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
Letters to a Law Student: A Guide to Studying Law at University
Nicholas J. McBride - 2006
It provides a useful guide to those considering a law degree or conversion course and helps students prepare for what can be a daunting first year of study.
The End of Lawyers?: Rethinking the Nature of Legal Services
Richard Susskind - 2008
Ten years on, and half-way towards the twenty-year vision he set out, Susskind takes stock of progress, introduces vital new emerging technologies, and envisages even more radical change to the legal world than before.This is a world in which, at least in part, legal services are commoditized, IT renders conventional legal advice redundant, clients and lawyers are collaborators under the one virtual roof, disputes are dominated by technology if not avoided in the first place, and online systems and services compete with lawyers in providing access to the law and to justice. For the conservative legal adviser, the message is bleak. For the progressive lawyer, an exciting new legal market emerges.This book continues the author's focus on the effect of advances in information technology upon the law and legal practice, providing fresh perspectives and analysis of anticipated developments in the decade to come. In particular, he aims to explore the extent to which the role of the traditional lawyer can be sustained, in the face of the challenging trends in the legal marketplace and the new techniques and technologies for the delivery of legal services.
Principles of Public International Law
Ian Brownlie - 1980
A new chapter on the Use of Force has been added and further discussion of the Environment. Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.
Eve Was Framed: Women and British Justice
Helena Kennedy - 1992
Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.
How Judges Think
Richard A. Posner - 2008
Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion.Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
The Articulate Advocate: Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
Marsha Hunter - 2009
Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder’s attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.