Readings on Adversarial Justice


Book Description

Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.




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.




Walsh V. Mellas


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Official U.S. Bulletin


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Supreme Court Practice


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The Capitalist and the Activist


Book Description

2023 Axiom Business Books Award Silver Medalist (Business Commentary) 2023 Nautilus Book Award Silver Medalist (Social Change & Social Justice) This is the first in-depth examination of the important ongoing fusion of activism, capitalism, and social change masterfully told through a compelling narrative filled with vivid stories and striking studies. Corporations and their executives are at the forefront of some of the most contentious and important social issues of our time. Through pronouncements, policies, boycotts, sponsorships, lobbying, and fundraising, corporations are actively engaged in issues like immigration reform, gun regulation, racial justice, gender equality, and religious freedom. Despite corporate social activism being everywhere these days-witness how quickly companies and progressives united to oppose North Carolina's bathroom bill or support the Black Lives Matter movement-there has been no in-depth examination of the far-reaching consequences of this movement. What first principles should guide businesses' approaches? How should activists engage with businesses in a way that is most beneficial to their causes? What are potential pitfalls and risks associated with corporate social activism for activists, businesses, and society at large? Weaving studies and stories, Temple University professor of law, Tom C. W. Lin offers a road map for how we got here and a compass for where we are going as a nation of capitalists and activists seeking profit and progress.




Appellate Courts


Book Description

This edition promises to redefine the canon of the study of appellate courts, continuing the comprehensiveness and increasing the depth of the First Edition. This edition of Appellate Courts provides teachers with choices that are suitable for a two- or three-unit course or a seminar. The book permits emphasis on either appellate jurisdiction and practice or on the structural and policy aspects of appellate court organization and administration. All the chapters have been revamped and updated, with coverage of appellate jurisdiction substantially expanded. Using both classic and new cases, the book examines theoretical and practical issues arising from the appellate courts' dual roles to correct trial court error and to generate common law. Its coverage of the dramatic rise in the volume of appeals and the resultant institutional reforms far surpasses that of any other law school course book. Fresh materials present new perspectives on appellate structures, personnel, and procedures--preparing students to practice in the contemporary state and federal appellate courts. This provocative book considers such issues as the delegation of responsibility to law clerks and staff attorneys, the threats to judicial collegiality, the selection of state and federal judges--including the regulation of judicial candidates' speech, and the role and ethics of the appellate lawyer. It devotes a separate chapter to the U.S. Supreme Court's discretionary jurisdiction while another chapter draws upon Professor Meador's unique understanding of the English and German appellate systems to contrast those systems with our own. In short, this book is unique in not only exploring appellate jurisdiction and procedure but also in taking the measure of the appellate courts in all their dimensions as important institutions in the American legal order. The Teacher's Manual also has been updated and greatly expanded to assist both experienced and less-experienced teachers. It includes discussion of the principal cases and secondary materials as well as expert suggestions concerning answers to questions posed in the Notes. It also provides a wealth of supplemental material to bolster any professor's expertise and make it easy for an instructor new to the subject to teach from the book effectively and confidently.




The Case Against the Supreme Court


Book Description

Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.




Courtiers of the Marble Palace


Book Description

Courtiers of the Marble Palace explores how law clerks are hired and utilized by United States Supreme Court justices.