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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.
A Criminal Injustice: A True Crime, a False Confession, and the Fight to Free Marty Tankleff
Richard Firstman - 2008
He was looking forward to starting his senior year at Earl L. Vandermeulen High School the next day. But instead, Marty woke in the morning to find his parents brutally bludgeoned, their throats slashed. His mother, Arlene, was dead. His father, Seymour, was barely alive and would die a month later. With remarkable self-possession, Marty called 911 to summon help. And when homicide detective James McCready arrived on the scene an hour later, Marty told him he believed he knew who was responsible: Jerry Steuerman, his father’s business partner. Steuerman owed Seymour more than half a million dollars, had recently threatened him, and had been the last to leave a high-stakes poker game at the Tankleffs’ home the night before. However, McCready inexplicably dismissed Steuerman as a suspect. Instead, he fastened on Marty as the prime suspect–indeed, his only one. Before the day was out, the police announced that Marty had confessed to the crimes. But Marty insisted the confession was fabricated by the police. And a week later, Steuerman faked his own death and fled to California under an alias. Yet the police and prosecutors remained fixated on Marty–and two years later, he was convicted on murder charges and sentenced to fifty years in prison. But Marty’s unbelievable odyssey was just beginning. With the support of his family, he set out to prove his innocence and gain his freedom. For ten years, disappointment followed disappointment as appeals to state and federal courts were denied. Still, Marty never gave up. He persuaded Jay Salpeter, a retired NYPD detective turned private eye, to look into his case. At first it was just another job for Salpeter. As he dug into the evidence, though, he began to see signs of gross ineptitude or worse: Leads ignored. Conflicts of interest swept under the rug. A shocking betrayal of public trust by Suffolk County law enforcement that went well beyond a simple miscarriage of justice. After Salpeter’s discoveries brought national media attention to the case, Marty’s conviction was finally vacated in 2007, and New York’s governor appointed a special prosecutor to reopen the twenty-year-old case. At the same time, the State Investigation Commission announced an inquiry into Suffolk County’s handling of what has come to be widely viewed as one of America’s most disturbing wrongful conviction cases. As gripping as a Grisham novel, A Criminal Injustice is the story of an innocent man’s tenacious fight for freedom, an investigator’s dogged search for the truth. It is a searing indictment of justice in America.
Lecretia's Choice: A Story of Love, Death and the Law
Matt Vickers - 2016
In Lecretia’s Choice, Matt tells the story of their life together, and how it changed when his proud, fiercely independent wife was diagnosed with a brain tumour and forced to confront her own mortality. The death she faced—slow, painful, dependent—was completely at odds with how she had lived her life. Lecretia wanted to die with dignity, to be able to say goodbye well, and not to suffer unnecessarily—but the law denied her that choice. With her characteristic spirit, she decided to mount a challenge in New Zealand’s High Court, but as the battle raged, Lecretia’s strength faded. She died on 5 June 2015, at the age of forty-two, the day after her family learned that the court had ruled against her. Lecretia’s Choice is not only a moving love story but compulsory reading for everyone who cares about the dignity we afford terminally ill people who want to die on their own terms. In 2015 Matt Vickers supported his wife, Lecretia Seales, in her campaign to gain the right to choose how she died. Lecretia’s Choice is his first book.
The Collected Stories of Rumpole
John Mortimer - 2013
In these twenty classic tales, Rumpole battles through the Old Bailey, whether defending various members of an incompetent South London crime family, taking on haute-cuisine chefs and showfolk or mocking the pomposity of his own profession, all the while being held in check by his wife, Hilda: the wonderful, fearsome She Who Must Be Obeyed.
These collected stories, in Penguin Modern Classics for the first time, are a definitive introduction to one of the wisest and wittiest characters in British comic writing and a reminder of what justice should really be about. With a new introduction by Sam Leith, former literary editor of the Daily Telegraph and contributor to the Evening Standard, Guardian and Spectator.
EU Law: Text, Cases and Materials
Paul Craig - 1995
Written by two experts in the field, the book offers the reader and authoritative and comprehensive guide to all aspects of EU law. Though the unique mix of text and cases and materials, the fully revised and updated third edition addresses all recent key developments in legislation, with particular focus on the Treaty of Nice. The structure and format of the chapters have been substantially improved by introducing tools to help navigate throughout the text. In particular, there are new sections on 'central issues, ' which introduce each chapter, summaries that explain complex concepts and legislation and conclusions that draw all themes and analysis together
Killer Instinct: Having A Mind for Murder
Donald Grant - 2018
Is it a chill whisper of fear reminding us we too can kill? Grant describes ten true murder cases, each different, each complex, each with unique triggers. Fact leaves fiction for dead. For those directly affected, murder is a sombre and scarring event. For most of us, murder is an arm’s length experience, close enough to frighten and fascinate yet far enough not to traumatise. Grant proposes that our restless chatter about it, our state of heightened alert, our endless viewing, may be play therapy, reassuring us that our own killer instinct is under control.
The Happy Lawyer: Making a Good Life in the Law
Nancy Levit - 2010
You're happy, right? Not really. Oh, it beats laying asphalt, but after all your hard work, you expected more from your job. What gives?The Happy Lawyer examines the causes of dissatisfaction among lawyers, and then charts possible paths to happier and more fulfilling careers in law. Eschewing a one-size-fits-all approach, it shows how maximizing our chances for achieving happiness depends on understanding our own personality types, values, strengths, and interests.Covering everything from brain chemistry and the science of happiness to the workings of the modern law firm, Nancy Levit and Doug Linder provide invaluable insights for both aspiring and working lawyers. For law students, they offer surprising suggestions for selecting a law school that maximizes your long-term happiness prospects. For those about to embark on a legal career, they tell you what happiness research says about which potential jobs hold the most promise. For working lawyers, they offer a handy toolbox--a set of easily understandable steps--that can boost career happiness. Finally, for firm managers, they offer a range of approaches for remaking a firm into a more satisfying workplace.Read this book and you will know whether you are more likely to be a happy lawyer at age 30 or age 60, why you can tell a lot about a firm from looking at its walls and windows, whether a 10 percent raise or a new office with a view does more for your happiness, and whether the happiness prospects are better in large or small firms.No book can guarantee a happier career, but for lawyers of all ages and stripes, The Happy Lawyer may give you your best shot.
Without Honour: The True Story of the Shafia Family and the Kingston Canal Murders
Rob Tripp - 2012
A father, mother and son convicted of murder. The shocking truth about the “ honourless crime” that stunned a nation.On the morning of June 30, 2009, police in a small eastern Ontario city made a ghastly discovery: four females dead in a car submerged in a shallow canal. Sisters Zainab Shafia, 19, Sahar Shafia, 17, Geeti Shafia, 13, and Rona Mohammad Amir, 50, floated serenely inside the car, seemingly the victims of a terrible accident. That morning, Mohammad Shafia, his wife Tooba and their son, Hamed, arrived at the Kingston police station to report the four missing. In a sweeping covert investigation that spanned three continents, police uncovered layers of lies in the Shafias’ story and they developed a horrifying theory: Zainab, Sahar, Geeti and Rona had been the victims of a meticulously plotted family murder � Canada’ s first mass honour killing.In Without Honour, award-winning journalist Rob Tripp draws on three years of exhaustive research and exclusive interviews to make sense of a senseless crime in a way no other writer could. His unprecedented access tells a story beyond anything the jury heard: a story about a patriarch who fled war and strife in Afghanistan but who did not leave behind his devotion to repressive tradition. Tripp was the first journalist on the scene as the news broke and the only reporter to attend every day of court sessions, through to the convictions of Shafia, Tooba and Hamed on four counts each of first-degree murder, fuelled by what Ontario Superior Court Judge Robert Maranger called a “ twisted notion of honour.” In this gripping and compassionate account, Tripp reveals the heartbreaking and stunning truth about the desperate lives of four women who died in the pursuit of freedom.
Working with Contracts: What Law School Doesn't Teach You
Charles M. Fox - 2002
This book introduces the basic elements of contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and, addresses issues that arise in reviewing contracts, including due diligence issues.
Falling Over Backwards: An Essay On Reservations, And On Judicial Populism
Arun Shourie - 2006
Is this any way to become a knowledge super - power”? As there has been no caste - wise enumeration and tabulation since the 1931 Census, where does this mythical figure, “OBCs are 52 per cent of the population” come from? And what did the 1931 Census itself say about its cast - wise figures?
Black's Law: A Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases
Roy Black - 1999
This book takes us behind the scenes of four difficult and dangerous cases to reveal the legal strategies, no-holds-barred tactics, and courtroom psychology Roy Black used to make sure his clients received every protection promised by the law. Black demonstrates in riveting detail how a defense attorney must investigate criminal cases by sifting through evidence and preparing for trial. (It's like preparing for war.) He shows us how the principles of law, cross-examination, and evidence -- as well as careful jury selection and skillful use of expert witnesses -- can level the playing field to counter the enormous resources that state and federal prosecutors have at their disposal. Black's Law makes resoundingly clear the crucial role that criminal defense lawyers play in safeguarding the basic right to a fair trial for all.
General Theory of Law and State
Hans Kelsen - 1945
This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Lawyer Boy: A Case Study on Growing Up
Rick Lax - 2008
The closest thing he had to a job was eating his parents’ food, sitting on his parents’ couch, and watching The Price is Right. An amateur magician, he spent the rest of his time practicing card tricks and rope tricks. And though he could tie four different slipknots, the necktie posed some difficulties.Rick’s father, a successful Michigan attorney, told Rick it was time to move out and enter the real world. Rick certainly wasn’t going to get a job, so he went to law school instead.This is the story of Rick’s journey from childhood to lawyerhood.In Lawyer Boy, Rick uses the skills he developed as a magician to succeed in class, and learns how to become a lawyer without becoming his father. His journey through law school was exhausting, exciting, and infuriating, and, the way he tells it, so funny it’s criminal.
The Law of Torts: Examples & Explanations
Joseph W. Glannon - 1995
These distinctive characteristics earned the book its reputation for effectiveness: - highly respected author, whose best-selling Civil Procedure: Examples & Explanations has been a lifesaver for first-year students- uniquely entertaining writing style that captures and holds student interest- coverage of the standard topics from most Torts courses -- intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct- three-chapter section on Taking a Torts Essay Exam supplies guidance, tips, and sample exam questions and answersThe Third Edition introduces important material: - two new chapters on Products Liability, one on theories of recovery in strict products liability cases and one on common defenses to strict products liability claims- completely updated text, with citations reflecting the most current law
Reading Like A Lawyer: Time-Saving Strategies For Reading Law Like An Expert
Ruth Ann McKinney - 2005
Fortunately, the ability to read law well (quickly and accurately) is a skill that can be acquired through knowledge and practice. The sooner the student masters these skills, the greater the rewards. Using seven specific reading strategies, reinforced with hands-on exercises at the end of each chapter, this book shows students how they can read law efficiently, effectively, powerfully, and confidently. Reading Like a Lawyer is divided into 3 parts: * Part I introduces the reader to the fundamentals of legal reasoning upon which law-based reading builds; * Part II introduces the reader to concrete strategies for reading effectively in law school; * and Part III teaches strategies for reading law outside of the law school context.