Plea Bargaining’s Triumph


Book Description

Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.




Cato Handbook for Policymakers


Book Description

Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.




Cato Supreme Court Review


Book Description

Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).




Jury Nullification


Book Description

The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c




Bouvier's Law Dictionary


Book Description




Conservatives in an Age of Change


Book Description

From 1969 to 1977 the executive branch of the U.S. government was dominated by politicians and their advisers who called themselves "conservatives." In their speeches they professed belief in such values and institutions as social order, military strength, market capitalism, governmental decentralization, and traditional morality. But did these social ideas have much influence on their actual policy decisions? Or were their decisions, as some observers have argued, largely based on personal ambition, partisan interest, and pragmatic response to the day-to-day problems of government? To answer these questions, A. James Reichley examines the effects of conservative ideology on the formation of specific administration policies under the presidencies of Richard Nixon and Gerald Ford. The policies covered include the development of detente with the Soviet Union, welfare reform, revenue sharing, resistance to "busing," the imposition of wage and price controls in 1971, and governmental reorganization under Nixon; and, under Ford, adjustment to the rise of the third world and problems with detente, the drive for decontrol of oil prices, and the fight against inflation. In the last chapter Reichley considers whether the Nixon and Ford administrations can be truly described as conservative, and suggests what the future role of conservatism in American politics is likely to be.




Cato Supreme Court Review 2003-2004


Book Description

A timely review of the Court's recent decisions.




An Essay on the Trial by Jury


Book Description

Satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is'




Redefining Federalism


Book Description

If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.




The Constitution in 2020


Book Description

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.