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.

    Yet the working of the Constitution over the last seven decades has often failed to fulfill that transformative promise. Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

    But not anymore.

    Buting explains the flaws in America’s criminal justice system and lays out a provocative, persuasive blue-print for reform.Over his career, Jerome F. Buting has spent hundreds of hours in courtrooms representing defendants in criminal trials. When he agreed to join Dean Strang as co-counsel for the defense in Steven A. Avery vs. State of Wisconsin, he knew a tough fight lay ahead. But, as he reveals in Illusion of Justice, no-one could have predicted just how tough and twisted that fight would be—or that it would become the center of the documentary Making a Murderer, which made Steven Avery and Brendan Dassey household names and thrust Buting into the spotlight.Buting’s powerful, riveting boots-on-the-ground narrative of Avery’s and Dassey’s cases becomes a springboard to examine the shaky integrity of law enforcement and justice in the United States, which Buting has witnessed firsthand for more than 35 years. From his early career as a public defender to his success overturning wrongful convictions working with the Innocence Project, his story provides a compelling expert view into the high-stakes arena of criminal defense law; the difficulties of forensic science; and a horrifying reality of biased interrogations, coerced or false confessions, faulty eyewitness testimony, official misconduct, and more.Combining narrative reportage with critical commentary and personal reflection, Buting explores his professional and personal motivations, career-defining cases—including his shocking fifteen-year-long fight to clear the name of another man wrongly accused and convicted of murder—and what must happen if our broken system is to be saved. Taking a place beside Just Mercy and The New Jim Crow, Illusion of Justice is a tour-de-force from a relentless and eloquent advocate for justice who is determined to fulfill his professional responsibility and, in the face of overwhelming odds, make America’s judicial system work as it is designed to do.

    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

    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.

     It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.    To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.

    The trajectory of change points in different directions, with the world growing at once more interconnected and more fragmented. Commerce and migrations, television and the World Wide Web suggest a story of growing interconnection, while at the same time the proliferation of nation-states and the divisions rooted in religion, race, and material inequality tell of separation and conflict. David Reynolds’s brilliant history captures both themes and grounds them vividly in the people and events of the last fifty years. Reynolds captures the great political events: the Cold War, the Chinese revolution, independence movements, Vietnam, and the fall of the Soviet Union, and broader developments: economic and population growth, the spread of cities, vast technological change, genetic manipulation, and the creation of a digital world. Carefully avoiding an encyclopedic approach, Reynolds integrates these themes into a narrative with authority, vision, and style. A volume in the Global Century series, books by outstanding scholars on the history of the world in the twentieth century—general editor, Paul Kennedy.

    Tired of not being noticed, fifteen-year-old Milo decides to run for president of the United States, and through the course of the campaign, he discovers that he--and other teenagers--can make a real difference.

    A severed head lay in the refrigerator. A freezer contained two more heads and a human torso. Two skulls and a complete skeleton were found in a filing cabinet. A styrofoam box concealed two more skulls, and a large blue plastic drum was found to contain three further human torsos in various stages of decomposition. This is the story of the mass murderer, Jeffrey Dahmer.

    One L meets Legally Blonde in this candid, funny, and true story about one woman's experiences at the Columbia University School of Law.

    Now, in this revised edition, Jay M. Feinman offers an updated survey of American law, spiced with new anecdotes and cases, and incorporating fresh material on topics ranging from the President's war powers, to intellectual property, standard form contracts, and eminent domain. Here is an exceptionally clear introduction to law, covering the main subjects found in the first year of law school, giving us a basic understanding of how it all works. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from due process and equal protection in constitutional law, to the distinction between murder and manslaughter in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all. Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading.--Library Journal

    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.

    In this newest translation of The Art of War readers will benefit from the interpretations from other translators and strategist, as well as the 50 strategic rules, including: -- How to look for strategic turns to meet the competition-- How to attain strategic superiority and crush the competition-- How to plan surprise and stay ahead of the game-- And more timeless wisdom that will allow you to compete and win in the dynamic business environment!Business managers around the world have tapped into this ancient wisdom; it is time to master The Art of War for Manager for the existence and growth of your business!

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