May It Please the Court


Book Description

This practical, comprehensive, and engaging introduction to the American judicial system is designed primarily for undergraduate students in criminal justice, liberal arts, political science, and beginning law. It differs from other texts not only by delivering an insider’s view of the courts, but also by demonstrating how the judicial process operates at the intersection of law and politics. Unlike the many dull and inaccessible texts in this field, May It Please The Court conveys the human drama of civil and criminal litigation. With an updated epilogue, case studies, and discussion questions, this third edition is a robust resource for criminal justice students.




The Behavior of Federal Judges


Book Description

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.




American Criminal Courts


Book Description

American Criminal Courts: Legal Process and Social Context provides a complete picture of both the theory and day-to-day reality of criminal courts in the United States. The book begins by exploring how democratic processes affect criminal law, the documents that define law, the organizational structure of courts at the federal and state levels, the overlapping authority of the appeals process, and the effect of legal processes such as precedent, jurisdiction, and the underlying philosophies of various types of courts. In practice, criminal courts are staffed by people who represent different perspectives, occupational pressures, and organizational goals. Thus, this book includes chapters on actors in the traditional courtroom workgroup (judges, prosecutors, and defense attorneys, etc.) as well as those outside the court who seek to influence it, including advocacy groups, the media, and politicians. It is the interplay between the court's legal processes and the social actors in the courtroom that makes the application of criminal law fascinating. By focusing on the tension between the law and the actors inside of it, American Criminal Courts: Legal Process and Social Context demonstrates how the courts are a product of "law in action" and presents content in a way that enables you to understand not only the "how" of the U.S. criminal court system, but also the "why." Clearly explains both the principles underlying the development of criminal law and the practical reality of the court system in action A complete picture of the criminal justice continuum, including prosecution, defense, judges, juries, sentencing, and pre-trial and appeals processes Feature boxes look at how courts are portrayed in the media; identify landmark due-process cases; illustrate the pros and cons of the courts’ discretionary decision-making; examine procedures and the goals of justice; and highlight the various types of careers available within the criminal courts




Reflections on Judging


Book Description

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. 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.




Cosmic Constitutional Theory


Book Description

What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.




Measuring Judicial Activism


Book Description

'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.




The “Stench” of Politics


Book Description

The U.S. Supreme Court is as important as ever in the lives of Americans. Contrary to the image-enhancing claims of independence that many of its members claim, however, the Court’s current supermajority has transformed it into a powerful political institution that wages ideological war meant to return the nation to a previous period, at the same time denying rights to millions. The “Stench” of Politics: Polarization and Worldview on the Supreme Court opens a window into the Supreme Court that helps us to understand the institution and its rulings. At the heart of this analysis is worldview, a phenomenon that every person, including Supreme Court justices, possesses. Whether someone’s worldview is “fixed” or “fluid” affects who they are, what they believe and what they do. In addition, interpreting the Constitution as an “originalist” or “living constitutionalist” often dictates case outcomes. By applying these and other constructs to the Supreme Court, the book reveals how the once-revered institution has evolved into one whose majority not only has neglected its commitment to the inscription on its own building, “Equal Justice Under Law,” but is also determined to remake both the law and the nation.




Harvard Law Review: Volume 127, Number 8 - June 2014


Book Description

Harvard Law Review, Number 8 (June 2014), includes an extensive Symposium on Freedom of the Press, as well as an article, "The Criminal Court Audience in a Post-Trial World," by Jocelyn Simonson, and a book review essay, "The Positive Foundations of Formalism: False Necessity and American Legal Realism," by Lawrence B. Solum. Specifically, the Symposium on press freedoms features: * "Introduction: Reflections on the First Amendment and the Information Economy," by Mark Tushnet * "The 'New' New York Times: Free Speech Lawyering in the Age of Google and Twitter," by Marvin Ammori * "Old-School/New-School Speech Regulation," by Jack M. Balkin * "First Amendment Common Sense," by Susan Crawford * "More than a Feeling: Emotion and the First Amendment," by Rebecca Tushnet * "Press Exceptionalism," by Sonja R. West The issue includes these student contributions: * Note, "Congressional Control of Foreign Assistance to Post-Coup States" * Note, "A Bad Man Is Hard to Find" * Note, "Mediation of Investor-State Conflicts" In addition, case notes explore Recent Cases on such subjects as the FCC power to create Open Internet rules; whether enforcement of a foreign judgment is state action; and threat convictions in internet free speech cases; as well as Recent Legislation on immigration law and local entity compliance in California. The issue includes several Recent Publications summaries. Finally, as the final issue of volume 127, it contains a comprehensive Index of each article, essay, book review, and student work from the year. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions.




Keepers of the Spirits


Book Description

Drawn from research in the manuscript records of the federal judiciary and the court reports of the Florida Supreme Court, this book examines how state and federal judges responded to the enforcement of local, state, and national prohibition in Florida. Upholding these measures often resulted in governmental encroachment on civil liberties; consequently, judges found themselves positioned to determine the scope of the liquor laws. As they balanced the rights of individuals with the power of the state, Florida judges acted independently of public opinion and based their rulings on precedent and citation of authority. To present the fullest picture possible, this text, while focusing on the efforts of the judges to uphold the spirit and the letter of the various liquor laws, it also considers the views of individuals who violated prohibition.




Muscle


Book Description

From skinny scholar to muscle-bound showman. “Easily the best memoir ever written about weight training, steroids and all” (Men’s Journal). When blue-blooded, storklike Samuel Wilson Fussell arrived in New York City fresh from the University of Oxford, the ethereal young graduate seemed like the last person on Earth who would be interested in bodybuilding. But he was intimidated by the dangers of the city—and decided to do something about it. At twenty-six, Fussell walked into the YMCA gym. Four solid years of intensive training, protein powders, and steroid injections later, he had gained eighty pounds of pure muscle and was competing for bodybuilding titles. And yet, with forearms like bowling pins and calves like watermelons, Fussell felt weaker than ever before. His punishing regimen of workouts, drugs, and diet had reduced him to near-infant-like helplessness and immobility, leaving him hungry, nauseated, and prone to outbursts of “ ’roid rage.” But he had come to succeed, and there was no backing down now. Alternately funny and fascinating, Muscle is the true story of one man’s obsession with the pursuit of perfection. With insight, wit, and refreshing candor, Fussell ushers readers into the wild world of juicers and gym rats who sacrifice their lives, minds, bodies, and souls to their dreams of glory in Southern California’s so-called iron mecca.