Thinking Like a Lawyer: A New Introduction to Legal Reasoning


Frederick Schauer - 2009
    It argues, among other things, that the best decision in a case is not always the best legal decision.

The Burger Court and the Rise of the Judicial Right


Michael J. Graetz - 2016
    It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review).When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).

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.

The Buffalo Creek Disaster: How the Survivors of One of the Worst Disasters in Coal-Mining History Brought Suit Against the Coal Company--And Won


Gerald M. Stern - 1976
    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."

24 Hours with 24 Lawyers: Profiles of Traditional and Non-Traditional Careers


Jasper Kim - 2011
    Whether you want to be a full-time corporate lawyer, work as a legal consultant while pursuing your music career, or anything in between, this book gives you a unique "all-access pass" into the real-world, real-time personal and professional lives of twenty-four law school graduates. These working professionals each present you with a "profile" chronicling a typical twenty-four-hour day in their traditional and non-traditional careers. You will read actual twenty-four-hour accounts from the perspective of a venture capitalist, Wall Street lawyer, lobbyist, entertainment lawyer, IP attorney, sports broadcaster, JAG officer, prosecutor, criminal defense lawyer, mediator, and politician, just to name a few. From the time they wake up in the morning to the time they go to bed, each professional illustrates what their position entails on a day-to-day basis and will give you invaluable, informative, and honest insight above and beyond what many brochures, guest lectures, career workshops, or law firm website descriptions can provide. After reading 24 Hours with 24 Lawyers, you'll be better prepared to determine which career profile may suit you best before accepting a new job or investing in a legal education.

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.

Tomorrow's Lawyers: An Introduction to Your Future


Richard Susskind - 2013
    What Susskind sees is eye-opening-a legal world of virtual courts, Internet-based global legal businesses, online document production, commoditized service, legal process outsourcing, and web-based simulated practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too.Tomorrow's Lawyers is a definitive guide to this future--for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. Susskind identifies the key drivers of change, such as the economic downturn, and considers how these will shape the legal marketplace. He then sketches out the new legal landscape as he envisions it, highlighting the changing role of law firms-and in-house lawyers-and the coming of virtual hearings and online dispute resolution. He also suggests solutions to major concerns within the legal profession, such as diminishing public funding, and explores alternative roles for future lawyers in a world increasingly dominated by IT. And what are the prospects for aspiring lawyers? Susskind predicts what new jobs and new employers there will be, equipping prospective lawyers with penetrating questions to put to their current and future bosses.Tomorrow's Lawyers is an essential roadmap to the future of law for those who want to survive the rapidly changing legal landscape.

The Supremes' Greatest Hits: The 34 Supreme Court Cases That Most Directly Affect Your Life


Michael G. Trachtman - 2006
    Here are 34 of the most significant issues it has grappled with—from equal rights to privacy rights, from the limits of speech to the boundaries between church and state. Many of these cases read like thrillers…right down to their cliff-hanging endings. Among the most intriguing: the Dred Scott decision, Miranda v. Arizona, Brown v. Board of Education, Roe v. Wade, and Bush v. Gore.

Constitutional Law (University Casebook Series)


Kathleen M. Sullivan - 1937
    This thorough treatment of constitutional law focuses on three core areas -- The Judicial Function in Constitutional Cases, The Structure of Government, and Individual Rights. The new edition has been updated to include recent major Supreme Court decisions, as well as expanded materials on executive power, military tribunals and separation of powers in the war on terrorism.

The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

What About Law: Studying Law at University


Catherine Barnard - 2007
    The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.

Active Liberty: Interpreting Our Democratic Constitution


Stephen G. Breyer - 2005
    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

The American Supreme Court (The Chicago History of American Civilization)


Robert G. McCloskey - 1960
    McCloskey's classic work on the Supreme Court's role in constructing the U.S. Constitution has introduced generations of students to the workings of our nation's highest court. In this fourth edition, Sanford Levinson extends McCloskey's magisterial treatment to address the Court's most recent decisions, including its controversial ruling in Bush v. Gore and its expansion of sexual privacy in Lawrence v. Texas. The book's chronology of important Supreme Court decisions and itsannotated bibliographical essay have also been updated.As in previous editions, McCloskey's original text remains unchanged. He argues that the Court's strength has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. Levinson's two new chapters show how McCloskey's approach continues to illuminate recent developments, such as the Court's seeming return to its pre-1937 role as "umpire" of the federal system. It is in Bush v. Gore, however, where the implications of McCloskey's interpretation stand out most clearly.The best and most concise account of the Supreme Court and its place in American politics, McCloskey's wonderfully readable book is an essential guide to its past, present, and future prospects of this institution.

A Civil Action


Jonathan Harr - 1995
    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.