The evidence is all around us: Our system of justice is fundamentally broken.   But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.   This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning.   Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system.    Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

    Cardozo — an Associate Supreme Court Justice of the United States from 1932-38 — explains a judge's conscious and unconscious decision-making processes.Cardozo handed down opinions that stressed the necessity for the law to adapt to the realities and needs of contemporary life. Famous for his convincing and lucid prose, he offers insights that remain relevant to a modern view of American jurisprudence. In simple, understandable language, he discusses the ways that rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.Four of Cardozo's lectures appear here, bookended by an introduction and conclusion. They explore a variety of approaches to the judicial process: the method of philosophy; the methods of history, tradition, and sociology; the method of sociology and the judge as a legislator; and adherence to precedent and the subconscious element in the judicial process. Ideal for law students as well as anyone interested in legal theory, this volume offers a rare look inside the mind of a great jurist.

    The sixth edition, now co-authored by Amy Sloan, updates this classic text, including new chapter exercises.Available here:boomreads.com/download?i=153100699XPlain English for Lawyers PDF by Richard C. Wydick

    Abraham Lincoln, who had been involved in more than three thousand cases--including more than twenty-five murder trials--during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer.What normally would have been a local case took on momentous meaning. Lincoln's debates with Senator Stephen Douglas the previous fall had gained him a national following, transforming the little-known, self-taught lawyer into a respected politician. He was being urged to make a dark-horse run for the presidency in 1860. Taking this case involved great risk. His reputation was untarnished, but should he lose this trial, should Harrison be convicted of murder, the spotlight now focused so brightly on him might be dimmed. He had won his most recent murder trial with a daring and dramatic maneuver that had become a local legend, but another had ended with his client dangling from the end of a rope.The case posed painful personal challenges for Lincoln. The murder victim had trained for the law in his office, and Lincoln had been his friend and his mentor. His accused killer, the young man Lincoln would defend, was the son of a close friend and loyal supporter. And to win this trial he would have to form an unholy allegiance with a longtime enemy, a revivalist preacher he had twice run against for political office--and who had bitterly slandered Lincoln as an "infidel...too lacking in faith" to be elected.Lincoln's Last Trial captures the presidential hopeful's dramatic courtroom confrontations in vivid detail as he fights for his client--but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

    After finding that her child is diagnosed with leukemia, Anne Anderson notices a high prevalence of leukemia, a relatively rare disease, in her city. Eventually she gathers other families and seeks a lawyer, Jan Schlichtmann, to consider their options.Schlichtmann originally decides not to take the case due to both the lack of evidence and a clear defendant. Later picking up the case, Schlichtmann finds evidence suggesting trichloroethylene (TCE) contamination of the town's water supply by Riley Tannery, a subsidiary of Beatrice Foods; a chemical company, W. R. Grace; and another company named Unifirst.In the course of the lawsuit Schlichtmann gets other attorneys to assist him. He spends lavishly as he had in his prior lawsuits, but the length of the discovery process and trial stretch all of their assets to their limit.

    In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.

    It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won. "From the Trade Paperback edition."

    Following a hung jury in the rape trial, Thalia’s mother, socialite Grace Fortescue, and husband, along with two sailors, kidnap one of the accused in an attempt to coerce a confession. When they are caught after killing him and trying to dump his body in the ocean, Mrs. Fortescue’s society friends raise enough money to hire seventy-four-year-old Clarence Darrow out of retirement to defend the vigilante killers. The result is an epic courtroom battle between Darrow and the Territory of Hawaii’s top prosecutor, John C. Kelley, in a case that threatens to touch off a race war in Hawaii and results in one of the greatest miscarriages of justice in American history.Written in the style of a novel, but meticulously following the historical record, A Death in the Islands weaves a story of lies, deception, mental illness, racism, revenge, and murder—a series of events in the Territory of Hawaii that nearly tore apart the peaceful islands, reverberating from the tenements of Honolulu to the hallowed halls of Congress, and right into the Oval Office itself, and left a stain on the legacy of one of the greatest legal minds of all time.

    Sir Harry Ognall. For many years, Harry Ognall enjoyed a formidable reputation as an advocate at the criminal Bar. As counsel, and later as judge, he was involved in numerous high-profile trials, both in Britain and abroad.Among many cases as a QC, he prosecuted Peter Sutcliffe, the so-called ‘Yorkshire Ripper’. He successfully defended six officers of the Air Force of Zimbabwe at their trial in Harare, where they faced a charge of treasonable sabotage.As a judge, he presided over the trial of Colin Stagg (the alleged ‘Wimbledon Common murderer’), the trial arising from the Lyme Bay canoe tragedy and the trial for the first time in the United Kingdom of a doctor’s alleged involvement in euthanasia.Thoughtful and provocative, Sir Harry has advice for the aspiring young advocate, and invests this penetrating memoir with warmth, humour and understanding. His frank portrait of a lifetime in the criminal law offers unique perspectives on some of the most notorious cases of the twentieth century, as well as fascinating insights into a colourful professional life and the burdens and responsibilities that come with the privilege of high judicial office.

    for your own business. You?ll get the low-down on pre-employment research, tenant screening, adoption searches, safeguarding yourself from investigation, and much more. ?Completely revised with all-new chapters on skip tracing and due diligence searches ?Skills and techniques for average citizens, as well as professionals ?Includes the most useful?and little-known?databases

    What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are more science than art, says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the Why Should I Care? technique). Arguing against allowing the FCC to continue fining broadcasters that let the F-word slip out, she highlights the chilling effect these fines have on America's radio and TV stations, discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture. Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--Brass Tacks, Talk to Yourself, Russian Doll--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.

    Through the obsessive efforts of its founder's son, Peter Morgan, his father's old-fashioned business has been transformed into a veritable goliath, embracing bankruptcy and merger divisions that Archibald Morgan had deemed ungentlemanly. As Peter reaches the pinnacle of his career, his firm is embroiled in two difficult cases: a pro bono death-penalty case in Virginia, and a class-action lawsuit brought against Hubble Chemical of Texas after an on-site explosion killed dozens of workers. Assigned to these cases is a group of young associates and seasoned partners struggling to make their way in the firm. Mark Clayton, fresh out of law school, is beginning to loathe his dull workload, and to be frightened by the downgrading of his personal life, when he is assigned to the pro bono case. Assisting him is the mercurial Walker Eliot, a brilliant third-year associate whose passion for the law is as great as his skill at unraveling its intricacies. The aggressive, profane, and wildly successful litigator Harold Fineman is leading the Hubble defense, assisted by first-year Katja Phillips, whose twin devotion to productivity and idealism intrigue him, and Ryan Grady, another first-year, whose quest to pick up girls is starting to interfere with his work.In this complex, ambitious, and gripping first novel, Kermit Roosevelt vividly illustrates the subtle and stark effects of the law on the lives not only of a group of lawyers, but also on communities and private citizens. In the Shadow of the Law is a meditation about the life of the law, the organism that is a law firm, and its impact on those who come within its powerful orbit.

    forces in Afghanistan. After he had confessed to being Osama bin Laden's driver, Hamdan was transferred to Guantanamo Bay, and he was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a boyish-looking thirtyfive-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in more than fifty years, were stacked against him--and that is assuming that his superiors didn't expect him to throw the game altogether. Instead, Swift enlisted the help of a young constitutional law professor at Georgetown, Neal Katyal, to help him sue the Bush administration over the legality of the tribunals. In the spring of 2006, Katyal argued the case, Hamdan v. Rumsfeld, before the Supreme Court and won. Written with the full cooperation of Swift and Katyal, Hamdan v. Rumsfeld is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court, as told by a writer for The New York Times Magazine, Jonathan Mahler follows the story both of Swift's relationship with Hamdan, in particular his struggle to keep his client alive in Guantanamo, and of the unprecedented legal case itself. It is a legal thriller in the spirit of A Civil Action, set against the backdrop of the war on terror and the battle over presidential power.

    At the heart of her story and abiding beliefs--her Jewish background. Tikkun olam, the Hebrew injunction to "repair the world," with its profound meaning for a young girl who grew up during the Holocaust and World War II. We see the influence of her mother, Celia Amster Bader, whose intellect inspired her daughter's feminism, insisting that Ruth become independent, as she witnessed her mother coping with terminal cervical cancer (Celia died the day before Ruth, at seventeen, graduated from high school). From Ruth's days as a baton twirler at Brooklyn's James Madison High School, to Cornell University, Harvard and Columbia Law Schools (first in her class), to being a law professor at Rutgers University (one of the few women in the field and fighting pay discrimination), hiding her second pregnancy so as not to risk losing her job; founding the Women's Rights Law Reporter, writing the brief for the first case that persuaded the Supreme Court to strike down a sex-discriminatory state law, then at Columbia (the law school's first tenured female professor); becoming the director of the women's rights project of the ACLU, persuading the Supreme Court in a series of decisions to ban laws that denied women full citizenship status with men. Her years on the U.S. Court of Appeals for the District of Columbia Circuit, deciding cases the way she played golf, as she, left-handed, played with right-handed clubs--aiming left, swinging right, hitting down the middle. Her years on the Supreme Court . . . A pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.