Class Action: The Landmark Case that Changed Sexual Harassment Law
Clara Bingham - 2002
Class Action is a useful reminder of the emotional and psychological cost of waging even the most successful -- and justified -- lawsuits."In the tradition of A Civil Action and Erin Brockovitch, Class Action is a story of intrigue and injustice as dramatic as fiction but all the more poignant because it is true.In the coldest reaches of northern Minnesota, a group of women endured a shocking degree of sexual harassment–until one of them stepped forward and sued the company that had turned a blind eye to their pleas for help. Jenson vs. Eveleth Mines, the first sexual harassment class action in America, permanently changed the legal landscape as well as the lives of the women who fought the battle.In 1975, Lois Jenson, a single mother on welfare, heard that the local iron mine was now hiring women. The hours were grueling, but the pay was astonishing, and Jenson didn't think twice before accepting a job cleaning viscous soot from enormous grinding machines. What she hadn't considered was that she was now entering a male-dominated, hard-drinking society that firmly believed that women belonged at home–a sentiment quickly born out in the relentless, brutal harassment of every woman who worked at the mine. When a group of men whistled at her walking into the plant, she didn't think much of it; when they began yelling obscenities at her, she was resilient; when one of them began stalking her, she got mad; when the mining company was unwilling to come to her defense, she got even.From Jenson's first day on the job, through three intensely humiliating trials, to the emotional day of the settlement, it would take Jenson twenty-five years and most of her physical and mental health to fight the battle with the mining company. But with the support of other women miners like union official Patricia Kosmach and her luck at finding perhaps the finest legal team for class action law, Jenson would eventually prevail.Clara Bingham and Laura Leedy Gansler take readers on a fascinating, page-turning journey, the roller-coaster ride that became Jenson vs. Eveleth and show us that Class Action is not just one woman's story, it's every woman's legacy.
Act of Congress: How America's Essential Institution Works, and How It Doesn't
Robert G. Kaiser - 2013
When Congress is broken—as its justifiably dismal approval ratings suggest—so is our democracy. Here, Robert G. Kaiser, whose long and distinguished career at The Washington Post has made him as keen and knowledgeable an observer of Congress as we have, takes us behind the sound bites to expose the protocols, players, and politics of the House and Senate—revealing both the triumphs of the system and (more often) its fundamental flaws. Act of Congress tells the story of the Dodd-Frank Act, named for the two men who made it possible: Congressman Barney Frank, brilliant and sometimes abrasive, who mastered the details of financial reform, and Senator Chris Dodd, who worked patiently for months to fulfill his vision of a Senate that could still work on a bipartisan basis. Both Frank and Dodd collaborated with Kaiser throughout their legislative efforts and allowed their staffs to share every step of the drafting and deal making that produced the 1,500-page law that transformed America’s financial sector. Kaiser explains how lobbying affects a bill—or fails to. We follow staff members more influential than most senators and congressmen. We see how Congress members protect their own turf, often without regard for what might best serve the country—more eager to court television cameras than legislate on complicated issues about which many of them remain ignorant. Kaiser shows how ferocious partisanship regularly overwhelms all other considerations, though occasionally individual integrity prevails. Act of Congress, as entertaining as it is enlightening, is an indispensable guide to a vital piece of our political system desperately in need of reform.
Bargaining for Advantage: Negotiation Strategies for Reasonable People
G. Richard Shell - 1999
Richard Shell has taught thousands of business leaders, administrators, and other professionals how to survive and thrive in the sometimes rough-and-tumble world of negotiation. His systematic, step-by-step approach comes to life in this book, which is available in over ten foreign editions and combines lively storytelling, proven tactics, and reliable insights gleaned from the latest negotiation research.This updated edition includes:A brand-new "Negotiation I.Q." test designed by Shell and used by executives at the Wharton workshop that reveals each reader's unique strengths and weaknesses as a negotiatorA concise manual on how to avoid the perils and pitfalls of online negotiations involving e-mail and instant messagingA detailed look at how gender and cultural differences can derail negotiations, and advice for putting talks back on track
The Story of Jane Doe
Jane Doe - 2003
Even though the police had full knowledge of the rapist’s modus operandi, they made a conscious decision not to issue a warning to women in her neighbourhood. Jane Doe quickly realized that women were being used by the police as bait. The rapist was captured as a result of a tip received after she and a group of women distributed 2,000 posters alerting the community. During the criminal proceedings, Jane Doe became the first raped woman in Ontario to secure her own legal representation -- allowing her to sit in on the hearings instead of out in the hall where victim-witnesses are usually cloistered. As a result, Jane heard details of the police investigation normally withheld from women in her position, which revealed a shocking degree of police negligence and gender discrimination. When the rapist was convicted, the comfort was cold. In 1987, Jane Doe sued the Metropolitan Police Force for negligence and charter violation. It took eleven long years before her civil case finally came to trial -- the rest is history.This extraordinary book asks the diffcult question: Who benefits from rape? Popular ideas about rape still inform the way police and society behave around raped women. Despite decades of trying to rewrite the myths, the myths still exist, and they tell us that women lie about rape, that women enjoy it, that women file false rape reports to seek revenge and money. They tell us rape can be non-violent. They tell us that women can make good or bad rape victims or that women cannot be raped at all. They tell us nonsense -- and Jane Doe gives us a unique view on why.This is a book about rape that is not about being a “victim.” It’s about a woman who wanted to ensure that she, the person most involved, directed her case and the course of her life. It’s about external elements colliding to provide a small window of redress for women who experience crimes of violence. Jane Doe was a test case -- the right woman in the wrong place at the right time -- and she made legal history.In The Story of Jane Doe, she asks us to challenge our own assumptions about rape and, in the process, surprises us with a story that is by turns sweet, tragic, and fantastical. But most of all, this book celebrates what is most common in human nature -- our ability to overcome.“Rape stories are not new stories. They are as old as war, as old as man. Many bookstores have sections devoted to them, and I read them. I read them “before,” too. I have found most rape stories to be either chronicles of fear and horror, victim tales that make me want to run screaming from the page (although I do not). Or they are dry, academic or legal treatises on why rape is bad, written in language I must work to understand. Both are valid. But both somehow limit me from reaching a broader understanding . . . No book has ever reflected my lived experience of the crime.” -- Jane DoeFrom the Hardcover edition.
The Enigma of Clarence Thomas
Corey Robin - 2019
Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist.In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way.There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.
The Prosecutors: A Year in the Life of a District Attorney's Office
Gary Delsohn - 2003
Allowed unprecedented access to spend a year inside an urban prosecutors' office, Gary Delsohn provides a riveting, behind-the-scenes look at how America's increasingly overburdened judicial system really functions. Seen through the eyes of the main characters in this true-life drama-John O'Mara, a tough, jaded homicide chief and Jan Scully, an accomplished former sex-crimes prosecutor who is now the D.A.-The Prosecutors shows us these dedicated public servants at work. The cases they encounter within this one year are as shocking as they are indelible: * A simple robbery in Sacramento, California, goes bad and shatters a family forever. * A serial killer is caught only after a nationwide manhunt. * A well-respected doctor is accused of murdering his own daughter. * A twenty-five-year-old cold case involving Patty Hearst and the SLA explodes and brings incredible pressure and scrutiny to the D.A.'s office. * The son of a high-ranking California state prosecutor faces a possible death penalty for kidnap, rape,and murder. The Prosecutors chronicles the real-life legal dramas that are waged daily in our courtrooms. It is a book that enlightens, educates, entertains, and even infuriates at times with the miscarriages of justice, but, ultimately, shows in stark detail the intricacies that make our legal system work.
Memoirs Of A Radical Lawyer
Michael Mansfield - 2009
Unafraid of rejection or failure, Michael has taken on the most difficult and challenging cases of our times and despite the odds, won plenty. In Memoirs of a Radical Lawyer Michael dissects many of them, revealing his motivations, meticulous approach to forensic science, cross examination techniques, the political dimensions and emotional reactions with clarity, subtlety and charm. Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael's quirky brand of anarchic humour. Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the 'Fertilizer' conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the 'Ricin' trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time.
So Help Me God
Larry D. Thompson - 2004
Lord “The courtroom drama and testimony are brilliantly conceived and carried out…a thoughtful, complex and timely novel, a compelling story one is loath to put aside to do one’s daily work.”—Galveston Daily News "So Help Me God is not only a page-turner but a warning as well. Through a deft, fascinating storyline Larry D. Thompson shows us what can happen here if we're not careful."—Ed Gorman“So Help Me God is an exciting legal thriller that takes the reader on a sizzling ride as a courtroom becomes the battlefield over one of the most controversial social issues of our time. Not since the Scopes Monkey Trial has a man of religion and a man of ideas clashed so dramatically and brilliantly in a courtroom.” –Junius Podrug, award winning author of Presumed Guilty“I don’t think I have ever read anything quite so compelling. Everything was woven together beautifully and could only have been done so by someone who had actually lived through similar experiences in the courtroom.”—pennyterk.com“Move over John Grisham!”—Denton A. Cooley, MD, world-renowned pioneer heart surgeon“Seldom does a first effort at courtroom fiction find itself in the class of such notables as Inherit the Wind, The Verdict, and The Rainmaker. But Larry Thompson’s So Help Me God belongs there. I predict it will become a modern day classic courtroom tale.”—Jim Perdue, Sr., nationally renowned trial lawyer and author of I Remember Atticus“I hated to finish that last page of So Help Me God…the courtroom scenes are both realistic and spell-binding.”—Hartley Hampton, past president of the Texas Trial Lawyers AssociationAbout the AuthorA veteran Texas trial lawyer, LARRY D. THOMPSON has drawn upon decades of experience in the courtroom to produce his first novel, So Help Me God. Thompson, a one-time journalism major who used his talent for writing to excel at the University of Texas School of Law, is now managing partner of the Houston trial firm he founded. Recently honored by Texas Monthly Magazine as a "Texas Super Lawyer," he is the proud father of three grown children, an active golfer, SCUBA diver, runner, and outdoor enthusiast. His biggest inspiration both in life and literature is his late brother, best-selling author Thomas Thompson.
Her Honor: My Life on the Bench...What Works, What's Broken, and How to Change It
LaDoris Hazzard Cordell - 2021
And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible.Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved.Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat―as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills―some humorous, others heartwarming, still others deeply troubling.Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans.
The Beauty Bias: The Injustice of Appearance in Life and Law
Deborah L. Rhode - 2010
What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands.Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearanceimportant to their self image and over a third rank it as the most important factor.Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, andrelated difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short.The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises meritprinciples, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and acompelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce theprice of their pursuit.
Arrested Justice: Black Women, Violence, and America's Prison Nation
Beth E. Richie - 2012
Through the compelling stories of Black women who have been most affected by racism, persistent poverty, class inequality, limited access to support resources or institutions, Beth E. Richie shows that the threat of violence to Black women has never been more serious, demonstrating how conservative legal, social, political and economic policies have impacted activism in the U.S.-based movement to end violence against women. Richie argues that Black women face particular peril because of the ways that race and culture have not figured centrally enough in the analysis of the causes and consequences of gender violence. As a result, the extent of physical, sexual and other forms of violence in the lives of Black women, the various forms it takes, and the contexts within which it occurs are minimized—at best—and frequently ignored. Arrested Justice brings issues of sexuality, class, age, and criminalization into focus right alongside of questions of public policy and gender violence, resulting in a compelling critique, a passionate re-framing of stories, and a call to action for change.
The Living Constitution
David A. Strauss - 2010
He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
The Spirit of the Laws
Montesquieu - 1748
This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.
Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time
Gerry Spence - 2005
Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument.Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
My Life
David Lange - 2005
His Labour government introduced sweeping new legislation that unchained the country from its old conservative bonds, established the world's first nuclear free state and let loose a free market economic agenda that radically transformed the country. It was a rapid climb to the very top for the overweight doctor's son from working class South Auckland. As leader during the final years of the Cold War he confronted the agendas of Ronald Reagan and Margaret Thatcher, and lived through the political upheavals of the fall of the Soviet Union, post-apartheid South Africa and Rajiv Ghandi's India. Along the way he memorably defeated the Reverend Jerry Falwell in a famous Oxford Union debate about the morality and sanity of the nuclear arms race, and negotiated the aftermath of the tragic bombing of the Rainbow Warrior by French agents in Auckland harbour.