Author: Jerome Frank
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 472
Book Description
Courts on Trial
Courts on Trial
Author: Jerome Frank
Publisher: Princeton University Press
ISBN: 9780691027555
Category : Law
Languages : en
Pages : 464
Book Description
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Publisher: Princeton University Press
ISBN: 9780691027555
Category : Law
Languages : en
Pages : 464
Book Description
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Mass Incarceration on Trial
Author: Jonathan Simon
Publisher: The New Press
ISBN: 1595587691
Category : Law
Languages : en
Pages : 226
Book Description
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.
Publisher: The New Press
ISBN: 1595587691
Category : Law
Languages : en
Pages : 226
Book Description
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Trial Courts as Organizations
Author: Brian J Ostrom
Publisher: Temple University Press
ISBN: 159213632X
Category : Law
Languages : en
Pages : 205
Book Description
How trial courts operate and administer justice.
Publisher: Temple University Press
ISBN: 159213632X
Category : Law
Languages : en
Pages : 205
Book Description
How trial courts operate and administer justice.
Taking Problem-Solving Courts to Scale
Author: Eileen M. Ahlin
Publisher: Rowman & Littlefield
ISBN: 1793608423
Category : Law
Languages : en
Pages : 339
Book Description
In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.
Publisher: Rowman & Littlefield
ISBN: 1793608423
Category : Law
Languages : en
Pages : 339
Book Description
In the more than 30 years since the drug court model transformed the criminal justice landscape, problem-solving courts have expanded their reach beyond criminogenic needs. They now address demographic similarities (e.g., veterans courts, tribal wellness courts, community courts) and offense characteristics (e.g., prostitution courts, sex offender courts). The rapid expansion of problem-solving courts to meet many different individuals suggests this template is appropriate and adaptable to just about any categorical characteristic. This book calls on problem-solving court experts to offer a fresh perspective on the evolving discourse on these courts' proliferation. Contributors describe diverse applications of the problem-solving court model while critically appraising these niche courts' evidence. This book provides a comprehensive account to date of how problem-solving courts are continuing to revolutionize justice. This collective body of work strengthens our understanding of their placement in the throes of a call for meaningful criminal justice reform.Taking Problem-Solving Courts to Scale is presented in three sections to address specialty courts focused on criminogenic needs, individual characteristics, and offense characteristics. At the outset of each section, the editors describe the courts' purpose falling under these broad categories and highlight key elements from the chapters falling within.
The Supreme Court on Trial
Author: Kent Roach
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 372
Book Description
This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 372
Book Description
This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
The Roberts Court
Author: Marcia Coyle
Publisher: Simon and Schuster
ISBN: 145162753X
Category : Political Science
Languages : en
Pages : 534
Book Description
For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.
Publisher: Simon and Schuster
ISBN: 145162753X
Category : Political Science
Languages : en
Pages : 534
Book Description
For years, the Supreme Court led by Chief Justice John Roberts has been at the center of a constitutional maelstrom. Here, the much-honored, expert Supreme Court reporter Marcia Coyle's examination of four landmark cases is "informative, insightful, clear and fair...Coyle reminds us that Supreme Court decisions matter. A lot." (Portland Oregonian). Seven minutes after President Obama put his signature to a landmark national health care insurance program, a lawyer in the office of Florida GOP attorney general Bill McCollum hit a computer key, sparking a legal challenge to the new law that would eventually reach the nation’s highest court. Health care is only the most visible and recent front in a battle over the meaning and scope of the US Constitution. The battleground is the United States Supreme Court, and one of the most skilled, insightful, and trenchant of its observers takes us close up to watch it in action. Marcia Coyle’s brilliant inside analysis of the High Court captures four landmark decisions—concerning health care, money in elections, guns at home, and race in schools. Coyle examines how those cases began and how they exposed the great divides among the justices, such as the originalists versus the pragmatists on guns and the Second Amendment, and corporate speech versus human speech in the controversial Citizens United case. Most dramatically, her reporting shows how dedicated conservative lawyers and groups have strategized to find cases and crafted them to bring up the judicial road to the Supreme Court with an eye on a receptive conservative majority. The Roberts Court offers a ringside seat to the struggle to lay down the law of the land.
Represent Yourself in Court
Author: Paul Bergman
Publisher: NOLO
ISBN: 1413303692
Category : Law
Languages : en
Pages : 510
Book Description
For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. The book also ncludes a chapter dealing with the specifics of handling a divorce, child custody or child support action.Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. Readers learn how to: „X file court papers „X handle depositions and interrogatories „X comply with courtroom procedures „X pick a jury „X prepare your evidence and line up witnesses „X present your opening statement and closing argument „X cross-examine hostile witnesses „X understand and apply rules of evidence „X locate, hire and effectively use expert witnesses „X make and respond to your opponent's objections „X get limited help from an attorney on an as-needed basis „X monitor the work of an attorney if you decide to hire one Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.
Publisher: NOLO
ISBN: 1413303692
Category : Law
Languages : en
Pages : 510
Book Description
For people dealing with a personal injury claim, a landlord-tenant dispute, a small business scrape or any of the dozens of other possible legal muddles, this book points the way through the complex court system. The book also ncludes a chapter dealing with the specifics of handling a divorce, child custody or child support action.Written in plain English, Represent Yourself in Court breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Veteran attorneys Bergman and Berman-Barrett tell you what to say, how to say it, even where to stand when you address the judge and jury.Armed with the simple but thorough instructions in Represent Yourself in Court, you can be heard and taken seriously in any courtroom. Readers learn how to: „X file court papers „X handle depositions and interrogatories „X comply with courtroom procedures „X pick a jury „X prepare your evidence and line up witnesses „X present your opening statement and closing argument „X cross-examine hostile witnesses „X understand and apply rules of evidence „X locate, hire and effectively use expert witnesses „X make and respond to your opponent's objections „X get limited help from an attorney on an as-needed basis „X monitor the work of an attorney if you decide to hire one Whether you are a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute or any other civil lawsuit.
Natural Law in Court
Author: R. H. Helmholz
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 285
Book Description
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Publisher: Harvard University Press
ISBN: 0674504615
Category : Law
Languages : en
Pages : 285
Book Description
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.