Reflections on Judging
Richard A. Posner - 2013
Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
The Addicted Lawyer: Tales of the Bar, Booze, Blow, and Redemption
Brian Cuban - 2017
With a famous last name and a successful career as a lawyer, Brian was able to hide his clinical depression and alcohol and cocaine addictions—for a while. Today, as an inspirational speaker in long-term recovery, Brian looks back on his journey with honesty, compassion, and even humor as he reflects both on what he has learned about himself and his career choice and how the legal profession enables addiction. His demons, which date to his childhood, controlled him through failed marriages and stays in a psychiatric facility, until they brought him to the brink of suicide. That was his wake-up call. This is his story. Brian also takes an in-depth look at why there is such a high percentage of problematic alcohol use and other mental health issues in the legal profession. What types of therapies work? Are 12-step programs the only answer? Brian also includes interviews with experts on the subject as well as others in the profession who are now in recovery. The Addicted Lawyer is both a serious study of addiction and a compelling story of redemption.
Circle of Greed: The Spectacular Rise and Fall of the Lawyer Who Brought Corporate America to Its Knees
Patrick Dillon - 2010
For more than two decades, Lerach threatened, shook down and sued top Fortune 500 companies, including Disney, Apple, Time Warner, and--most famously--Enron. Now, the man who brought corporate moguls to their knees has fallen prey to the same corrupt impulses of his enemies, and is paying the price by serving time in federal prison. If there was ever a modern Greek tragedy about a man and his times, about corporate arrogance and illusions and the scorched-earth tactics to not only counteract corporate America but to beat it at its own game, Bill Lerach's story is it.
Law and Disorder: Confessions of a Pupil Barrister
Tim Kevan - 2010
He has just one year to win, by foul means or fair, the sought-after prize of a tenancy in chambers. Competition is fierce, but, armed with a copy of Sun Tzu's 'The Art of War', BabyBarista launches a no-holds barred fight to the death to claim the prize.
Concepts and Case Analysis in the Law of Contracts
Marvin A. Chirelstein - 1990
This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.
Legal Thriller: Justice (Dean Wilder Book 1)
Patrick Graham - 2016
Dean Wilder makes sure of it. The daughter of a United States Senator is found brutally murdered in a quiet park, and an ex-professional basketball player is accused. In the series debut, criminal defense lawyer Dean Wilder can't resist the chance to represent someone who is as crazy as anyone can be without being criminally insane. A defense lawyer with a conscience, Wilder steps into the case knowing the trouble will run deep. Politicians, lawyers, psychologists, and crooked cops push Wilder to the edge. Under mounting media pressure, can Wilder find the real killer before he strikes again? Smart and witty, this legal thriller will take you for a ride through the courtroom, and leave you with twists and turns that you didn’t see coming.
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
Failing Law Schools
Brian Z. Tamanaha - 2012
Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.
Murdered by Mumia: A Life Sentence of Loss, Pain, and Injustice
Maureen Faulkner - 2007
Mumia Abu-Jamal was unanimously convicted of the crime by a racially mixed jury based on: the testimony of several eyewitnesses, his ownership of the murder weapon, matching ballistics, and Abu-Jamal’s own confession.After his conviction, however, a national anti-death penalty movement was started to “Free Mumia;” Mike Farrell, Ed Asner, Whoopi Goldberg, and Jesse Jackson rallied on his behalf, and led the charge. For his part, while on death row, Abu-Jamal published several books, delivered radio commentaries, was a college commencement speaker, found himself named an Honorary Citizen of France, and had his defense coffers enhanced by ticket sales from a sold out (16,000-person) concert featuring Rage Against the Machine.Here, from Maureen Faulkner and acclaimed talk show host / journalist Michael Smerconish, is the first book to carefully and definitively lay out the case against Abu-Jamal, and those who’ve elevated him to the status of political prisoner. Smerconish, a lawyer, has provided pro bono legal counsel to Faulkner for over a decade and knows both the legal intricacies and personal subtleties of the case like no other person. He’s personally acquainted himself with the more than five thousand pages of trial transcript. “My reading starkly revealed that Abu-Jamal murdered Danny Faulkner in cold blood and that the case tried in Philadelphia in 1982 bore no resemblance to the one being home-cooked by the Abu-Jamal defense team.”As Abu-Jamal’s lawyers contemplate their final appeal, Faulkner and Smerconish weave a compelling, never-before-told account of one fateful night and the 25-year-long rewriting of history.
Reading Law: The Interpretation of Legal Texts
Antonin Scalia - 2012
Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
The E-Myth Attorney: Why Most Legal Practices Don't Work and What to Do about It
Michael E. Gerber - 2010
Featuring Gerber's signature easy-to-understand, easy-to-implement style, The E-Myth Attorney features:A complete start-up guide you can use to get your practice off the ground quickly, as well as comprehensive action steps for maximizing the performance of an existing practice Industry specific advice from two recognized legal experts that have developed a highly successful legal practice using Gerber's principles Gerber's universal appeal as a recognized expert on small businesses who has coached, taught, and trained over 60,000 small businesses The E-Myth Attorney is the last guide you'll ever need to make the difference in building or developing your successful legal practice.
The Discipline of Law
Alfred Thompson Denning - 1979
They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning's personal contribution to the changing face of the law in this century.
Inside the Mind of a Teen Killer
Phil Chalmers - 2009
Why? In Inside the Mind of a Teen Killer, Chalmers, who has been interviewing teen murderers and serial killers for over a decade, recounts Woodham's gripping and horrifying story, plumbing his motives, and peering into the killer's mind. Chalmers also weaves into the narrative his reasearch about teen culture, including comparisons with other teen killers, to analyze the disturbing ascent of teen violence and offer ways that we, as individuals, leaders, and communities, can help defuse this alarming trend. Inside the Mind of a Teen Killer is a culmination of Phil Chalmers' fifteen-year study on teen murder and school violence.? This is an anti-violence project aimed at teens, parents, youth workers, teachers, and law enforcement. The most unique part of the book is the words of the killers themselves, explaining why they committed the crimes, what led them to murder, and how we could have helped them. The goal of this book is to educate America and the world on the growing problem of teen murder and school violence, and hopefully stop teen murder and save innocent lives. Phil interviewed nearly 200 teen killers and school shooters for this book, and it's sure to change the way America and the world thinks about the growing trend of juvenile homicide. Book release date to coincide with the 10-year anniversary of Columbine, April 20, 2009."Phil Chalmers has interviewed the killers. He has corresponded with them extensively. He has exhaustively researched their crimes
All the Laws but One: Civil Liberties in Wartime
William H. Rehnquist - 1998
Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.