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The Common Law
Oliver Wendell Holmes Jr. - 1963
(1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.
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.
Lawyer X
Patrick Carlyon - 2020
It took the police a decade to curtail the violence and bring down criminal kingpins Carl Williams, Tony Mokbel and their accomplices. When the police finally closed the case file, just how they really won the war, with the help of an unlikely police informer, would become a closely guarded secret and its exposure, the biggest legal scandal of our time.Lawyer X is the scandalous, true story of how a promising defence barrister from a privileged background broke all the rules - becoming both police informer and her client's lover - sharing their secrets and shaping the gangland war that led to sensational arrests and convictions. The story of how Nicola Gobbo became Lawyer X, and why, is a compelling study in desperation and determination.Lawyer X is the definitive story of Melbourne's gangland wars and its most glamorous and compelling central character, based on the ground-breaking work of investigative journalists Anthony Dowsley and Patrick Carlyon, who broke the story for the Herald Sun in 2014, and their five-year struggle to reveal the truth about the identity of Lawyer X.
Anatomy of a Murder
Robert Traver - 1958
Martin's in 1958, Robert Traver's Anatomy of a Murder immediately became the number-one bestseller in America, and was subsequently turned into the successful and now classic Otto Preminger film. It is not only the most popular courtroom drama in American fiction, but one of the most popular novels of our time.A gripping tale of deceit, murder, and a sensational trial, Anatomy of a Murder is unmatched in the authenticity of its settings, events, and characters. This new edition should delight both loyal fans of the past and an entire new generation of readers.
Flagrant Conduct: The Story of Lawrence v. Texas
Dale Carpenter - 2012
Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom.So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved.Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest.The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done.In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.
The Morality of Law
Lon L. Fuller - 1965
Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice
Jeremy Hutchinson's Case Histories: From Lady Chatterley's Lover to Howard Marks
Thomas Grant - 2015
He was the most formidable advocate of the 1960s and '70s and he had a marvellous sense of mischief' Geoffrey RobertsonBorn in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history.Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain.Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life.To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpvYou can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
Anatomy of Innocence: Testimonies of the Wrongfully Convicted
Laura Caldwell - 2017
But few people understand just how or why they happen and, more important, the immeasurable consequences that often haunt the lucky few who are acquitted, years after they are proven innocent.Now, in this groundbreaking anthology, fourteen exonerated inmates narrate their stories to a roster of high-profile mystery and thriller writers—including Lee Child, Sara Paretsky, Laurie R. King, Jan Burke and S. J. Rozan—while another exoneree’s case is explored in a previously unpublished essay by legendary playwright Arthur Miller. An astonishing and unique collaboration, these testimonies bear witness to the incredible stories of innocent men and women who were convicted of serious crimes and cast into the maw of a vast and deeply flawed American criminal justice system before eventually, and miraculously, being exonerated.Introduced by best-selling authors Scott Turow and Barry Scheck, these master storytellers capture the tragedy of wrongful convictions as never before and challenge readers to confront the limitations and harsh realities of the American criminal justice system. Lee Child tells of Kirk Bloodsworth, who obsessively read about the burgeoning field of DNA testing, cautiously hoping that it held the key to his acquittal—until he eventually became the first person to be exonerated from death row based on DNA evidence. Judge John Sheldon and author Gayle Lynds team up to share Audrey Edmunds’s experience raising her children long distance from her prison cell. And exoneree Gloria Killian recounts to S. J. Rozan her journey from that fateful "knock on the door" and the initial shock of accusation to the scars she carries today.Together, the powerful stories collected within the Anatomy of Innocence detail every aspect of the experience of wrongful conviction, as well as the remarkable depths of endurance sustained by each exoneree who never lost hope.
Elements of Argument: A Text and Reader
Annette T. Rottenberg - 1985
It combines a thorough argument text on critical thinking, reading, writing, and research with an extensive reader on both current and timeless controversial issues. Elements of Argument presents everything students need to analyze, research, and write arguments.The clearest writing and research coverage of any argument textbook has been re-invigorated to make it even more accessible. And it now has an array of provocative new topics — all to help students stake their claim in argument.
Daedalus and Icarus
Nick Pontikis
A short story about Greek Myth characters Daedalus and Icarus.
Thank You for Arguing: What Aristotle, Lincoln, and Homer Simpson Can Teach Us About the Art of Persuasion
Jay Heinrichs - 2007
The time-tested secrets this book discloses include Cicero’s three-step strategy for moving an audience to action—as well as Honest Abe’s Shameless Trick of lowering an audience’s expectations by pretending to be unpolished. But it’s also replete with contemporary techniques such as politicians’ use of “code” language to appeal to specific groups and an eye-opening assortment of popular-culture dodges—including The Yoda Technique, The Belushi Paradigm, and The Eddie Haskell Ploy. Whether you’re an inveterate lover of language books or just want to win a lot more anger-free arguments on the page, at the podium, or over a beer, Thank You for Arguing is for you. Written by one of today’s most popular language mavens, it’s warm, witty, erudite, and truly enlightening. It not only teaches you how to recognize a paralipsis and a chiasmus when you hear them, but also how to wield such handy and persuasive weapons the next time you really, really want to get your own way.
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.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Mark. Plan. Teach.: Save Time. Reduce Workload. Impact Learning.
Ross Morrison McGill - 2018
This brand new book from Ross Morrison McGill, bestselling author of 100 Ideas for Secondary Teachers: Outstanding Lessons and Teacher Toolkit, is packed full of practical ideas that will help teachers refine the key elements of their profession. Mark. Plan. Teach. shows how each stage of the teaching process informs the next, building a cyclical framework that underpins everything that teachers do.With teachers' workload at record levels and teacher recruitment and retention the number one issue in education, ideas that really work and will help teachers not only survive but thrive in the classroom are in demand. Every idea in Mark. Plan. Teach. can be implemented by all primary and secondary teachers at any stage of their career and will genuinely improve practice. The ideas have been tried and tested and are supported by evidence that explains why they work, including current educational research and psychological insights from Dr Tim O'Brien, leading psychologist and Visiting Fellow at UCL Institute of Education.Mark. Plan. Teach. will enable all teachers to maximise the impact of their teaching and, in doing so, save time, reduce workload and take back control of the classroom.