Law and Law Reference
The Supreme Court Phalanx
The Court's New Right-wing Bloc
Paperback ISBN: 1590172930
George W. Bush’s nominations of John Roberts and Samuel Alito to the Supreme Court in 2005 were widely expected to turn it sharply to the right. But no one foresaw the rapidity or the revolutionary zeal with which, as Ronald Dworkin writes, the Court would begin “overruling, most often by stealth, the central constitutional doctrines that generations of past justices, conservative as well as liberal, had constructed.” Dworkin examines the key decisions of the Court’s 2006-–2007 term and argues that these two new justices, along with Antonin Scalia and Clarence Thomas, have created an “unbreakable phalanx bent on remaking constitutional law.” They are guided not by political ideology or conservative judicial principle but rather by “partisan, cultural, and perhaps religious allegiance,” and disdain tradition, precedent, even careful legal reasoning. In his analyses of the prior records of Roberts and Alito, Dworkin finds ample evidence that both have long held strong conservative convictions. But during their confirmation hearings, they gave little hint of their judicial philosophy, hiding behind vague promises to make decisions “according to the rule of law.” If senators fail to press nominees for candid answers to the controversial questions of principle underlying the Constitution, Dworkin contends, then the confirmation process is irrelevant. As a result, the Court may be dominated for a generation by justices whose views are far from those of most Americans. Its past decisions on issues such as abortion, affirmative action, and executive power, Dworkin fears, are “vulnerable to reversal in the next several years as the fiercely conservative justices set out to rewrite American constitutional law without much caring about the logic of the arguments they use to do so. Bush’s appointment of Roberts and Alito may prove to be among the worst of the many disasters of his miserable administration.”
Exercises in Witness Examination
1st Edition Paperback ISBN: 0314163050
This new text, designed for Trial Advocacy courses, pays special attention to the Rules of Evidence and provides 35 classroom simulations intended to cultivate students’ skills at witness examination. The author has carefully eliminated non-essential material from traditional approaches to the course, instead directing attention to core trial skills.The workbook is concisely written and presents information in a hands-on format that engages students in the subject matter while teaching them practical skills required in legal practice. The comprehensive Teacher’s Manual provides everything necessary for teaching the class, requiring minimal preparation time for the instructor.
No Matter How Loud I Shout
A Year in the Life of Juvenile Court
Hardcover ISBN: 0684811944
A journalist's profile of a juvenile court and its judges, lawyers, probation officers, and children focuses on five specific troubled minors and reveals the system's impact on their lives and their prospects. 25,000 first printing.
Lincoln on Trial
Southern Civilians and the Law of War
Hardcover ISBN: 0813125693
In light of recent controversies and legal actions related to America's treatment of enemy prisoners in the Middle East and Guantánamo Bay, the regulation of government during wartime has become a volatile issue on the global scene. By today's standards, Lincoln's adherence to the laws of war could be considered questionable, and his critics, past and present, have not hesitated to charge that he was a war criminal. In Lincoln on Trial: Southern Civilians and the Law of War, Burrus M. Carnahan conducts an extensive analysis of Lincoln's leadership throughout the Civil War as he struggled to balance his own humanity against the demands of his generals. Carnahan specifically scrutinizes Lincoln's conduct toward Southerners in light of the international legal standards of his time as the president wrestled with issues that included bombardment of cities, collateral damage to civilians, seizure and destruction of property, forced relocation, and the slaughter of hostages. Carnahan investigates a wide range of historical materials from accounts of the Dahlgren raid to the voices of Southern civilians who bore the brunt of extensive wartime destruction. Through analysis of both historic and modern standards of behavior in times of war, a sobering yet sympathetic portrait of one of America's most revered presidents emerges.
The Logic of Women on Trial
Case Studies of Popular American Trials
Paperback ISBN: 0809319268
Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor