Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court


Edward Lazarus - 1998
    In this eloquent, trailblazing account, with a new chapter covering Bush v. Gore, Guantanamo, and other recent controversial court decisions, Edward Lazarus, who served as a clerk to Justice Harry Blackmun, presents a searing indictment of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus reveals in astonishing detail the realities of what takes place behind the closed doors of the U.S. Supreme Court--an institution that through its rulings holds the power to affect the life of every American.

Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age


Amy Klobuchar - 2021
    This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation.In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement.Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google.She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation.As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.

Anita Gets Bail: What Are Our Courts Doing? What Should We Do About Them?


Arun Shourie - 2018
    But recent events remind us of the cracks that have formed: the quality of individuals apart, even the institutional arrangements that had been put in place to preserve the purity and independence of the institution—the collegium, conventions governing the way cases are to be assigned among judges—have frayed. These cracks provide a dangerous opportunity to political rulers to suborn this institution also.Through actual cases and judgments—of subordinate courts, High Courts, the Supreme Court—Arun Shourie enables us to see how frail and vulnerable this ‘last pillar standing’ has become.A judge who by a brazen manipulation of facts lets a prominent politician off … Events and a judgment that let the convicted choose the prosecutor who is to conduct the case against them … Courts that turn a blind eye to life-and-death reforms even as they preoccupy themselves with trivia … Courts that deliver ringing judgments and then do not care to look if their directions are being implemented … Courts that disregard their own judgments on penalizing persons for perjury, for dragging out cases … Courts that do not think through the consequences, even the predictable consequences of their judgments … Judges who prevaricate, who look the other way when some of their own fraternity come under a cloud … A judge who is manifestly unbalanced, judges whose knowledge of the most elementary facts of science is laughable, a judge whose prose even the Supreme Court is unable to comprehend—all of them continue to hand down rulings that affect the fortunes and lives of thousands … Judges who disregard well-settled principles to such an extent that their colleagues are compelled to make their grave misgivings public…And the non-bailable warrants that are issued for the arrest of Anita, Arun Shourie’s ailing wife, for evading summons that were never served, summons that were ostensibly issued for their having built a house that was never built, on a plot they did not own…Through the meticulous examination that is a hallmark of his writing, Arun Shourie leads us through judgments and instances-some hilarious, so many infuriating-and points to things that each of us-judges, lawyers, laypersons like us-can do to retrieve this most vital of institutions.

Gideon's Trumpet


Anthony Lewis - 1964
    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case


Alan M. Dershowitz - 1996
    Using the O.J. Simpson murder case as the backdrop, Reasonable Doubts explores the larger issues that shape our country's legal system.Chosen to prepare the appeal should O.J. Simpson be convicted, Alan Dershowitz is uniquely suited to deconstruct the case in order to use it in understanding the modern criminal justice system. The crucial questions raised by the O.J. Simpson case, and Dershowitz's answers, invite a reassessment not only of the case itself, but also of the strengths—and weaknesses—of the legal system in America today.

Introducing the LSAT: The Fox Test Prep Quick & Dirty LSAT Primer


Nathan Fox - 2012
    This might not be the only LSAT book you read, but it should definitely be the first. In his down-to-earth, often irreverent style, Nathan demystifies the confusing world of logic games, logical reasoning, and reading comprehension. In no time, you'll start to see through the BS and dominate the test. The approaches are easy to digest, and will stick with you when you finally sit down for the big day. No nonsense. No made-up, trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. Plus, you’ll also find out how you can contact Nathan directly with your questions. So grab a pencil and crack this book. Let's get it on.

From every end of this earth : 13 families and the new lives they made in America


Steven V. Roberts - 2009
    Roberts follows the stories of thirteen families in this poignant, eye-opening look at immigration in America today.

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

Storm Center: The Supreme Court in American Politics


David M. O'Brien - 1986
    In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos

Damages


Barry Werth - 1998
    Instead, one of the babies was stillborn -- and the other just barely clinging to life. The Sabias loved Little Tony and never considered putting him in a home. But caring for their son would exhaust them, emotionally, physically, and financially, and put a nearly lethal strain on their marriage. It was only when Donna, at the local playground, met another mother -- who suggested suing -- that the Sabias saw some hope for relief.This is the riveting true story of one family's journey into the maelstrom of a malpractice lawsuit -- and the attorneys, doctors, insurance carriers, and countless other players in the seven-year struggle toward resolution. It is at once a heartrending tale of human sorrow -- and, in the words of The San Francisco Chronicle, "a disturbing biopsy of a system in serious need of overhaul."

The Justice Game


Geoffrey Robertson - 1998
    Success leads to opportunity; Robertson has found himself at the heart of a sequence of crucial freedom of expression trials--the Gay News blasphemy trial, the attempt to bust the National theatre over a play in which male rape took place, the arrest of a painter whose chosen subject was bank notes. His account of his career concentrates on these, and on his own entire brilliance in them; he is not a modest man, nor is there any particular reason why he should be, especially given how sharp and witty his accounts are. Robertson has also been involved in other causes cèlebres--he knows all about the Michael X case, and a variety of other capital cases in the Caribbean, and is fascinating on the Matrix Churchill case and the various libel actions around the "cash for questions" sleaze row. Anyone interested in the issues is going to find this a useful book--but the average intelligent reader is going to find the account of courtroom battles a guilty pleasure in itself. --Roz Kaveney

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


Melvin I. Urofsky - 2015
    Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.   Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954).   Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned.   Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since.   Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)

The Secret Barrister: Stories of the Law and How It's Broken


The Secret Barrister - 2018
    These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. This is a first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister shows you what it’s really like and why it really matters.

Landmark Judgments That Changed India


Asok Kumar Ganguly - 2015
    Of these, it is the judiciary’s task to uphold constitutional values and ensure justice for all. The interpretation and application of constitutional values by the judicial system has had far-reaching impact, often even altering provisions of the Constitution itself. Although our legal system was originally based on the broad principles of the English common law, over the years it has been adapted to Indian traditions and been changed, for the better, by certain landmark verdicts.In Landmark Judgments that Changed India, former Supreme Court judge and eminent jurist Asok Kumar Ganguly analyses certain cases that led to the formation of new laws and changes to the legal system. Discussed in this book are judgments in cases such as Kesavananda Bharati v. State of Kerala that curtailed the power of Parliament to amend the Constitution; Maneka Gandhi v. Union of India and Others that defined personal liberty; and Golaknath v. State of Punjab, where it was ruled that amendments which infringe upon fundamental rights cannot be passed.Of special significance for law students and practitioners, this book is also an ideal guide for anyone interested in the changes made to Indian laws down the years, and the evolution of the judicial system to what it is today.

Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse


Steve Bogira - 2005
    Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira's masterful investigation raises fundamental issues of race, civil rights, and justice in America.