Book picks similar to
A General Jurisprudence of Law and Society by Brian Z. Tamanaha
law
law-and-philosophy
sociology
A Peculiar Indifference: The Neglected Toll of Violence on Black America
Elliott Currie - 2020
Violence takes more years of life from Black men than cancer, stroke, and diabetes combined; a young Black man in the United States has a fifteen times greater chance of dying from violence than his white counterpart. Even Black women suffer violent death at a higher rate than white men, despite homicide's usual gender patterns. Yet while the country has been rightly outraged by the recent spate of police killings of Black Americans, the shocking amount of "everyday" violence that plagues African American communities receives far less attention, and has nearly disappeared as a target of public policy.As acclaimed criminologist Elliott Currie makes clear, this pervasive violence is a direct result of the continuing social and economic marginalization of many Black communities in America. Those conditions help perpetuate a level of preventable trauma and needless suffering that has no counterpart anywhere in the developed world. Compelling and accessible, drawing on a rich array of both classic and contemporary research, A Peculiar Indifference describes the dimensions and consequences of this enduring emergency, explains its causes, and offers an urgent plea for long-overdue social action to end it.
The Second Amendment
Michael Waldman - 2014
Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions.In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
Charged: Overzealous Prosecutors, the Quest for Mercy, and the Fight to Transform Criminal Justice in America
Emily Bazelon - 2019
But in practice, it is prosecutors who have the upper hand, in a contest that is far from equal. More than anyone else, prosecutors decide who goes free and who goes to prison, and even who lives and who dies. The system wasn't designed for this kind of unchecked power, and in Charged, Emily Bazelon shows that it is an underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle.But that's only half the story. Prosecution in America is at a crossroads. The power of prosecutors makes them the actors in the system—the only actors—who can fix what's broken without changing a single law. They can end mass incarceration, protect against coercive plea bargains and convicting the innocent, and tackle racial bias. And because in almost every state we, the people, elect prosecutors, it is within our power to reshape the choices they make. In the last few years, for the first time in American history, a wave of reform-minded prosecutors has taken office in major cities throughout the country. Bazelon follows them, showing the difference they make for people caught in the system and how they are coming together as a new kind of lobby for justice and mercy.In Charged, Emily Bazelon mounts a major critique of the American criminal justice system—and also offers a way out.
A Question of Choice
Sarah Weddington - 1992
Wade decision, here is the engrossing story of the case by the attorney who successfully argued it in the Supreme Court--now with a new chapter on the current situation. B/W photos.
The Guarded Gate: Bigotry, Eugenics and the Law That Kept Two Generations of Jews, Italians, and Other European Immigrants Out of America
Daniel Okrent - 2019
Brandished by the upper class Bostonians and New Yorkers—many of them progressives—who led the anti-immigration movement, the eugenic arguments helped keep hundreds of thousands of Jews, Italians, and other unwanted groups out of the US for more than 40 years. Over five years in the writing, The Guarded Gate tells the complete story from its beginning in 1895, when Henry Cabot Lodge and other Boston Brahmins launched their anti-immigrant campaign. In 1921, Vice President Calvin Coolidge declared that “biological laws” had proven the inferiority of southern and eastern Europeans; the restrictive law was enacted three years later. In his characteristic style, both lively and authoritative, Okrent brings to life the rich cast of characters from this time, including Lodge’s closest friend, Theodore Roosevelt; Charles Darwin’s first cousin, Francis Galton, the idiosyncratic polymath who gave life to eugenics; the fabulously wealthy and profoundly bigoted Madison Grant, founder of the Bronx Zoo, and his best friend, H. Fairfield Osborn, director of the American Museum of Natural History; Margaret Sanger, who saw eugenics as a sensible adjunct to her birth control campaign; and Maxwell Perkins, the celebrated editor of Hemingway and Fitzgerald. A work of history relevant for today, The Guarded Gate is an important, insightful tale that painstakingly connects the American eugenicists to the rise of Nazism, and shows how their beliefs found fertile soil in the minds of citizens and leaders both here and abroad.
Oklahoma's Atticus: An Innocent Man and the Lawyer Who Fought for Him
Hunter Howe Cates - 2019
When Youngwolfe recants his confession, saying he was forced to confess by the authorities, his city condemns him, except for one man—public defender and Creek Indian Elliott Howe. Recognizing in Youngwolfe the life that could have been his if not for a few lucky breaks, Howe risks his career to defend Youngwolfe against the powerful county attorney’s office. Forgotten today, the sensational story of the murder, investigation, and trial made headlines nationwide.Oklahoma’s Atticus is a tale of two cities—oil-rich downtown Tulsa and the dirt-poor slums of north Tulsa; of two newspapers—each taking different sides in the trial; and of two men both born poor Native Americans, but whose lives took drastically different paths. Hunter Howe Cates explores his grandfather’s story, both a true-crime murder mystery and a legal thriller. Oklahoma’s Atticus is full of colorful characters, from the seventy-two-year-old mystic who correctly predicted where the body was buried, to the Kansas City police sergeant who founded one of America’s most advanced forensics labs and pioneered the use of lie detector evidence, to the ambitious assistant county attorney who would rise to become the future governor of Oklahoma. At the same time, it is a story that explores issues that still divide our nation: police brutality and corruption; the effects of poverty, inequality, and racism in criminal justice; the power of the media to drive and shape public opinion; and the primacy of the presumption of innocence. Oklahoma’s Atticus is an inspiring true underdog story of unity, courage, and justice that invites readers to confront their own preconceived notions of guilt and innocence.
Shadow People: How Meth-Driven Crime Is Eating at the Heart of Rural America
Scott Thomas Anderson - 2012
He spent 18 months - between May of 2010 and October of 2011 - working as an embedded reporter with law enforcement agencies, partnering with officers on night patrols, accompanying detectives on warrant searches and probation sweeps, observing SWAT operations and spending hundreds of hours with attorneys and victims' advocates in small-town courtrooms. The result is "Shadow People," a stark and sometimes brutal exploration of America's modern methamphetamine crisis.
Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System
Jed S. Rakoff - 2021
Rakoff, a leading authority on white-collar crime, explores these and other puzzles in Why the Innocent Plead Guilty and the Guilty Go Free, a startling account of our broken legal system. Grounded in Rakoff's twenty-four years as a federal trial judge in New York in addition to the many years he worked as a federal prosecutor and criminal defense lawyer, Rakoff 's assessment of our justice system illuminates some of our most urgent legal, social, and political issues: plea deals and class-action lawsuits, corporate impunity and the death penalty, the perilsof eyewitness testimony and forensic science, the war on terror and the expanding reach of the executive branch. A fundamental problem, he reveals, is that the judiciary is constraining its own constitutional powers.Like few others, Rakoff understands the values that animate the best aspects of our legal system--and has a close-up view of our failure to live up to these ideals. But he sees within this gap great opportunities for practical reform, and a public mandate to make our justice system truly just.
Revolting Prostitutes: The Fight for Sex Workers’ Rights
Molly Smith - 2018
You often hear, "There should be a law against it!" Or, perhaps just against the buyers. What do sex workers want? That's not something you hear asked very often. In this accessible manifesto, the strong argument for full decriminalization of sex work is explored through personal experience and looking at laws around the world.In some places, like New York, selling sex is illegal. In others, like Sweden, only buying it is. In some, like the UK and France, it's legal to sell sex and to buy it, but not to run a brothel or solicit a sale. In New Zealand, it's not illegal at all. In What Do Sex Workers Want?, Juno Mac and Molly Smith - both sex workers - explain what each of these laws do in practice to those doing the work. Addressing each model in turn, they show that prohibiting the sex industry actually exacerbates every harm that sex workers are vulnerable to.
Murder in the Family
Burl Barer - 2000
In a modest downtown apartment, they found Nancy Newman's brutally beaten corpse sprawled across her bed. In other rooms were the bodies of her eight-year-old daughter, Melissa, and her three-year-old, Angie, whose throat was slit from ear to ear. Both Nancy and Melissa had been sexually assaulted. After an intense investigation, the police narrowed the principle suspect down to 23-year-old Kirby Anthoney a troubled drifter who had turned to his uncle, Nancy's husband John, for help and a place to stay. Little did John know that the nephew he took in was a murderous sociopath capable of slaughtering his beloved family. This true story, shocking and tragic, stunned Anchorage's residents and motivated the Major Crimes Unit of the Anchorage Police Department to do everything right in their investigation. Feeling the heat as the police built their case, Kirby bolted for the Canadian border. But the cops were on to him. First they hunted him down; then the cops and a tenacious prosecutor began their long, bitter battle to convict him up against an equally tough defense lawyer, as well as the egomaniacal defendant himself. This shocking tale reached its climax in a controversial trial where for the first time an FBI profiler was allowed to testify and the controversial, pre-DNA science of allotyping was presented to a jury. But justice would not be served until after the psychopathic Kirby Anthoney took the stand in his own defense - and showed the world the monster he truly was.
Golden Gates: Fighting for Housing in America
Conor Dougherty - 2020
Today, however, punishing rents and the increasingly prohibitive cost of ownership have turned housing into the foremost symbol of inequality and an economy gone wrong. Nowhere is this more visible than in the San Francisco Bay Area, where fleets of private buses ferry software engineers past the tarp-and-plywood shanties where the homeless make their homes. The adage that California is a glimpse of the nation's future has become a cautionary tale.With propulsive storytelling and ground-level reporting, New York Times journalist Conor Dougherty chronicles America's housing crisis from its West Coast epicenter, peeling back the decades of history and economic forces that brought us here and taking readers inside the activist uprisings that have risen in tandem with housing costs. To tell this new story of housing, Dougherty follows a struggling math teacher who builds a political movement dedicated to ending single-family-house neighborhoods. A teenaged girl who leads her apartment complex against their rent-raising landlord. A nun who tries to outmaneuver private equity investors by amassing a multimillion-dollar portfolio of affordable homes. A suburban bureaucrat who roguishly embraces density in response to the threat of climate change. A developer who manufactures homeless housing on an assembly line.Sweeping in scope and intimate in detail, Golden Gates definitively captures a fundamental political realignment in America as it plays out during a moment of rapid technological and social change.
The Hollow Hope: Can Courts Bring About Social Change?
Gerald N. Rosenberg - 1991
But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times
God of the Rodeo: The Quest for Redemption in Louisiana's Angola Prison
Daniel Bergner - 1998
Murderers, rapists, and armed robbers were competing in the annual rodeo at Angola, the grim maximum-security penitentiary in Louisiana. The convicts, sentenced to life without parole, were thrown, trampled, and gored by bucking bulls and broncos before thousands of cheering spectators. But amid the brutality of this gladiatorial spectacle Bergner caught surprising glimpses of exaltation, hints of triumphant skill.The incongruity of seeing hope where one would expect only hopelessness, self-control in men who were there because they'd had none, sparked an urgent quest in him. Having gained unlimited and unmonitored access, Bergner spent an unflinching year inside the harsh world of Angola. He forged relationships with seven prisoners who left an indelible impression on him. There's Johnny Brooks, seemingly a latter-day Stepin Fetchit, who, while washing the warden's car, longs to be a cowboy and to marry a woman he meets on the rodeo grounds. Then there's Danny Fabre, locked up for viciously beating a woman to death, now struggling to bring his reading skills up to a sixth-grade level. And Terry Hawkins, haunted nightly by the ghost of his victim, a ghost he tries in vain to exorcise in a prison church that echoes with the cries of convicts talking in tongues. Looming front and center is Warden Burl Cain, the larger-than-life ruler of Angola who quotes both Jesus and Attila the Hun, declares himself a prophet, and declaims that redemption is possible for even the most depraved criminal. Cain welcomes Bergner in, and so begins a journey that takes the author deep into a forgotten world and forces him to question his most closely held beliefs. The climax of his story is as unexpected as it is wrenching. Rendered in luminous prose, God of the Rodeo is an exploration of the human spirit, yielding in the process a searing portrait of a place that will be impossible to forget and a group of men, guilty of unimaginable crimes, desperately seeking a moment of grace.From the Hardcover edition.
No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State
Glenn Greenwald - 2014
That source turned out to be the twenty-nine-year-old NSA contractor Edward Snowden, and his revelations about the agency's widespread, systemic overreach proved to be some of the most explosive and consequential news in recent history, triggering a fierce debate over national security and information privacy.Now Greenwald fits all the pieces together, recounting his high-intensity eleven-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA's unprecedented abuse of power with documents from the Snowden archive. Fearless and incisive, No Place to Hide has already sparked outrage around the globe and been hailed by voices across the political spectrum as an essential contribution to our understanding of the U.S. surveillance state.
Trial Techniques
Thomas A. Mauet - 1995
This long-time leading course book is an invaluable source for prospective trial lawyers, presenting: - a best-selling author renowned for his skills both as a writer and litigator - a clear, engaging writing style that breaks the trial process down into its critical components for more thorough and efficient comprehension - excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more - an appendix containing the Federal Rules of Evidence for easy reference