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Author: Mark Hedley Publisher: Jordan Publishing (GB) ISBN: 9781784732790 Category : Domestic relations Languages : en Pages : 0
Book Description
Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined, and it is essentially a trial judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion. Criminal sentencing, child welfare, the protection of those who lack mental capacity, and disputes about medical treatment are obvious examples. How do judges go about that? How far are judges influenced or affected by their backgrounds, beliefs, and own life experiences? And, if consistency is an aspect of public justice, can that be achieved? And what about the conflict between public justice and personal privacy? These are pressing questions in a society where judges have greater effective power than ever before. [Subject: Family Law, Judicial History]
Author: Mark Hedley Publisher: Jordan Publishing (GB) ISBN: 9781784732790 Category : Domestic relations Languages : en Pages : 0
Book Description
Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined, and it is essentially a trial judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion. Criminal sentencing, child welfare, the protection of those who lack mental capacity, and disputes about medical treatment are obvious examples. How do judges go about that? How far are judges influenced or affected by their backgrounds, beliefs, and own life experiences? And, if consistency is an aspect of public justice, can that be achieved? And what about the conflict between public justice and personal privacy? These are pressing questions in a society where judges have greater effective power than ever before. [Subject: Family Law, Judicial History]
Author: Aharon Barak Publisher: Princeton University Press ISBN: 1400827043 Category : Law Languages : en Pages : 355
Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: Stephen Breyer Publisher: Vintage ISBN: 1101946202 Category : Law Languages : en Pages : 402
Book Description
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Author: Frederic Block Publisher: Thomson Reuters ISBN: 9780314606624 Category : Judges Languages : en Pages : 0
Book Description
The book was written for the general public in an effort to explain, in practical terms, the perspective behind some of the most newsworthy and sensatinal cases of the last 20 years. The Judge discusses the death penalty, racketeering, gun laws,drug laws, discrimination laws, race riots, terrorism, and foreign affairs, as well as the more humble aspects of being a man on the bench.
Author: Christopher Wolfe Publisher: Rowman & Littlefield Publishers ISBN: 1461645468 Category : Philosophy Languages : en Pages : 463
Book Description
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author: John Grisham Publisher: Anchor ISBN: 0385546033 Category : Fiction Languages : en Pages : 348
Book Description
#1 NEW YORK TIMES BESTSELLER • Investigator Lacy Stoltz follows the trail of a serial killer, and closes in on a shocking suspect—a sitting judge—in “one of the best crime reads of the year.... Bristling with high-tech detail and shivering with suspense.... Worth staying up all night to finish” (Wall Street Journal). In The Whistler, Lacy Stoltz investigated a corrupt judge who was taking millions in bribes from a crime syndicate. She put the criminals away, but only after being attacked and nearly killed. Three years later, and approaching forty, she is tired of her work for the Florida Board on Judicial Conduct and ready for a change. Then she meets a mysterious woman who is so frightened she uses a number of aliases. Jeri Crosby’s father was murdered twenty years earlier in a case that remains unsolved and that has grown stone cold. But Jeri has a suspect whom she has become obsessed with and has stalked for two decades. Along the way, she has discovered other victims. Suspicions are easy enough, but proof seems impossible. The man is brilliant, patient, and always one step ahead of law enforcement. He is the most cunning of all serial killers. He knows forensics, police procedure, and most important: he knows the law. He is a judge, in Florida—under Lacy’s jurisdiction. He has a list, with the names of his victims and targets, all unsuspecting people unlucky enough to have crossed his path and wronged him in some way. How can Lacy pursue him, without becoming the next name on his list? The Judge’s List is by any measure John Grisham’s most surprising, chilling novel yet. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!
Author: Francis DeBernardo Publisher: Liturgical Press ISBN: 0814644449 Category : Biography & Autobiography Languages : en Pages : 176
Book Description
The world came to know the Franciscan priest Mychal Judge through the bravery and self-sacrifice he displayed during the World Trade Center attacks of September 11, 2001. But long before his lifeless body was carried out of the rubble (a moment captured in a photograph that became immediately famous), and before he was officially designated “Victim 0001” of that day’s attacks, Fr. Judge was, to a great many people, a beloved priest known for his compassion and faith. In Mychal Judge, Francis DeBernardo offers a spiritual biography that will move and fascinate readers. It details the personal history and experiences—including his Irish-American upbringing, his struggles with alcoholism, his care for the marginalized, and his ministry to firefighters—that formed the man who ultimately died running into the North Tower to try to save and minister to the terrified and the dying. Whether meeting him in these pages for the first time or getting to know him better, readers will encounter in Fr. Judge a figure they will not soon forget.
Author: Michael J. Sandel Publisher: Farrar, Straus and Giroux ISBN: 1429952687 Category : Philosophy Languages : en Pages : 318
Book Description
A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Author: Michael Avery Publisher: Vanderbilt University Press ISBN: 082650339X Category : Law Languages : en Pages : 503
Book Description
Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Author: Mark Hedley
Author: Mark Hedley
Author: Aharon Barak
Author: Stephen Breyer
Author: Frederic Block
Author: Christopher Wolfe
Author: John Grisham
Author: Caroline Wright
Author: Francis DeBernardo
Author: Michael J. Sandel
Author: Michael Avery