The Missing American Jury

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Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1107055652

Category: Law

Page: 262

View: 8361

Explores why juries have declined in power and how the federal government and the states have taken the jury's authority.

The Missing American Jury

Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries

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Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1316666565

Category: Law

Page: N.A

View: 8974

Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.

Why Jury Duty Matters

A Citizen's Guide to Constitutional Action

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Author: Andrew G. Ferguson

Publisher: NYU Press

ISBN: 0814729037

Category: Law

Page: 234

View: 2979

Places the idea of jury duty into perspective, noting its importance as a constitutional responsibility, and describes ways in which the experience may be enriched.

Making Habeas Work

A Legal History

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Author: Eric M. Freedman

Publisher: NYU Press

ISBN: 1479858943

Category: Law

Page: 208

View: 3788

A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.

Unequal

How America's Courts Undermine Discrimination Law

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Author: Sandra F. Sperino,Suja A. Thomas

Publisher: Oxford University Press

ISBN: 0190278404

Category: Law

Page: 272

View: 1449

It is no secret that since the 1980s, American workers have lost power vis-à-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

The Supreme Court's New Workplace

Procedural Rulings and Substantive Worker Rights in the United States

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Author: Joseph A. Seiner

Publisher: Cambridge University Press

ISBN: 1108239110

Category: Law

Page: N.A

View: 691

The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.

Constitutional Morality and the Rise of Quasi-Law

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Author: Bruce P. Frohnen

Publisher: Harvard University Press

ISBN: 0674968921

Category: Law

Page: 303

View: 9454

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

Representing the Accused

A Practical Guide to Criminal Defense

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Author: Jill Paperno

Publisher: Aspatore Books

ISBN: 9780314285294

Category: Law

Page: 274

View: 5956

Whether you are a law clinic student making your first foray into criminal defense, a newly admitted attorney, a general practitioner, or an attorney whose practice is concentrated in criminal defense, Representing the Accused will provide you with invaluable advice as you navigate your way through a criminal case. Authored by an experienced criminal defense attorney in a large public defenders office who has personally handled thousands of criminal cases, supervised representation in thousands more, and trained scores of attorneys, this book provides insight and guidance on how to efficiently and effectively manage each step in the handling of a criminal case. In order to help you provide quality representation to your clients, this publication offers clear explanations of a criminal attorneys role at every stage, from the arrest through the conclusion of the case.

The Jury in America

Triumph and Decline

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Author: Dennis Hale

Publisher: N.A

ISBN: 9780700622009

Category: Law

Page: 448

View: 9851

The Jury in America is an indispensable contribution to understanding a vital institution, one that once embodied real responsibilities in the hands of the governed as an antidote to a stifling centralization of democracy

Seasteading

How Floating Nations Will Restore the Environment, Enrich the Poor, Cure the Sick, and Liberate Humanity from Politicians

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Author: Joe Quirk

Publisher: Simon and Schuster

ISBN: 145169928X

Category: Business & Economics

Page: 384

View: 1522

In these “thought-provoking visions of the future” (The Wall Street Journal), Joe Quirk and Patri Friedman of the Seasteading Institute explain how ocean cities can solve many of our environmental, technological, and civic problems, and introduce the visionaries and pioneers who are now making seasteading a reality. Our planet has been suffering from serious environmental problems and their social and political consequences. But imagine a vast new source of sustainable and renewable energy that would also bring more equitable economies. A previously untapped source of farming that could produce significant new sources of nutrition. Future societies where people could choose the communities they want to live in, free from the restrictions of conventional citizenship. This extraordinary vision of our near future as imagined in Seasteading attracted the powerful support of Silicon Valley’s Peter Thiel—and it may be drawing close to reality. Facing growing environmental threats, French Polynesia has already signed on to build some of the world’s first seasteads. Joe Quirk and Patri Friedman show us how cities built on floating platforms in the ocean will work, and they profile some of the visionaries who are implementing basic concepts of seasteading today. An entrepreneur’s dream, these floating cities will become laboratories for innovation and creativity. Seasteading “offers hope for a future when life on land has grown grim” (Kirkus Reviews), proving the adage that yesterday’s science fiction is tomorrow’s science fact.

The Positive Second Amendment

Rights, Regulation, and the Future of Heller

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Author: Joseph Blocher,Darrell A.H. Miller

Publisher: Cambridge University Press

ISBN: 1107158699

Category: Law

Page: 225

View: 2578

Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.

The Complete Bill of Rights

The Drafts, Debates, Sources, and Origins

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Author: Neil H. Cogan

Publisher: Oxford University Press

ISBN: 0190266473

Category: Law

Page: 1448

View: 4290

The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights is a documentary record of the process by which these rights and privileges were defined and recorded as law. Now in its second edition, The Complete Bill of Rights contains double the content featured in the first edition. This new edition includes all the background texts for the origins and debate of the ratification of the Bill of Rights and presents them clause by clause in a complete, accurate, and accessible format. Arranged in chronological order, the work presents each clause in its finished form, and traces its development from its proposal through drafting through adoption. Cogan presents every draft of the text and every documentary source, including state convention proposals, state, colonial, and English constitutional texts, sources in caselaw and treatises, and State and Colonial statutory and decisional law. He includes data from diaries and correspondence, pamphlets and newspapers, as well as the Congressional and State debates, including the correspondence of George Washington, Thomas Jefferson, James Madison, and John Adams among many others who debated the issues that the Supreme Court considers law today. The book also contains each version of the drafts from the manuscript collections of the National Archives and Library of Congress. The result is the most detailed and useful record of the debate over the Bill of Rights available. This first new edition since 1997 substantially expands on the previous edition, providing the same invaluable texts for two fundamental protections of liberty found in the Constitution of 1789 (though not in the Bill of Rights): the protections under habeas corpus and the privileges and immunities clauses. Each chapter expands the background discussion of rights, and provides pertinent texts in contemporary legal dictionaries to meet the increasing interest of federal and state courts in additional sources for interpretation. The second edition also provides a chapter-by-chapter discussion of rights by treatise and abridgement writers in addition to Blackstone. Finally, all margin notes and footnotes in the dictionaries and treatises are included, so the reader has access to the totality of the original statues and case law upon which the drafters relied. The Complete Bill of Rights is the only comprehensive collection of texts essential to understanding the Bill of Rights. Organized in an accessible and practical manner, it is an invaluable tool for law students, judges, lawyers, and law clerks, as well as scholars of the law, history, and political science.

American Juries

The Verdict

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Author: Neil Vidmar,Valerie P. Hans

Publisher: Prometheus Books

ISBN: 1615929878

Category: Social Science

Page: 428

View: 5437

Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury's verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It's said that there are judicial hellholes where local juries provide jackpot justice in medical malpractice and product liability cases with corporate defendants. Are these claims valid?This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans-renowned scholars of the jury system-place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law?Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.Neil Vidmar, PhD, (Durham, NC), is both the Russell M. Robinson II Professor of Law at Duke University School of Law and a professor of psychology at Duke University. He has published over 100 research articles and is the author, coauthor, or editor of four books including Hans and Vidmar's widely acclaimed Judging the Jury (1986), Medical Malpractice and the American Jury, and World Jury Systems (2000).Valerie P. Hans, PhD (Ithaca, NY), is Professor of Law at Cornell University. She has published more than ninety research papers and articles and is the author, coauthor or editor of five books including Business on Trial (2000); Judging the Jury (1986) and The Jury System (2006). She also serves on the editorial boards of major professional journals in the field of law and social science.

Devil in the Grove

Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

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Author: Gilbert King

Publisher: Harper Collins

ISBN: 0062097717

Category: History

Page: 464

View: 5591

Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. As Isabel Wilkerson’s The Warmth of Other Suns did for the story of America’s black migration, Gilbert King’s Devil in the Grove does for this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair—saving him, against all odds, from being sentenced to death for a crime he did not commit.

A Concise History of the Common Law

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Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771372

Category: History

Page: 802

View: 9819

Plucknett, Theodore F.T. A Concise History of the Common Law. Fifth Edition. Boston: Little, Brown and Company, 1956. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-067821. ISBN 1-58477-137-2. Cloth. $125. * "Professor Plucknett has such a solid reputation on both sides of the Atlantic that one expects from his pen only what is scholarly and accurate...Nor is the expectation likely to be disappointed in this book. Plucknett's book is not...a mere epitome of what is to be found elsewhere. He has explored on his own account many regions of legal history and, even where the ground has been already quartered, he has fresh methods of mapping it. The title which he has chosen is, in view of the contents of the volume, rather a narrow one. It might equally well have been A Concise History of English Law...In conjunction with Readings on the History and System of the Common Law by Dean Pound...this book will give an excellent grounding to the student of English legal history." Percy H. Winfield. Harv. L. Rev. 43:339-340.

Trending Toward #Justice

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Author: Kenneth Jost

Publisher: Lulu.com

ISBN: 0578152436

Category:

Page: 350

View: 7037

In the 21st century United States, law is the continuation of politics by other means, perhaps more so than at any previous time in American history." For the past 25 years, veteran legal affairs journalist Kenneth Jost has had a front-row seat in Washington as legal issues, big and small, came before the U.S. Supreme Court. In this collection of columns over the past decade, Jost examines the working of the Supreme Court and profiles the nine justices of the current, ideologically divided Roberts Court. Jost explores in the columns such issues as the war on terror, racial justice, and gay marriage with insight and dispassion but with the abiding conviction that in the United States the arc of the law trends toward justice. A veteran Supreme Court reporter sheds valuable light on one of our nation's most powerful yet least understood institutions through a collection of insightful, provocative, and historically informed essays. David Lat, managing editor, Above the Law

The Constitution and Criminal Procedure

First Principles

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Author: Akhil Reed Amar

Publisher: Yale University Press

ISBN: 9780300074888

Category: Law

Page: 288

View: 8034

Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

The Collapse of American Criminal Justice

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Author: William J. Stuntz

Publisher: Harvard University Press

ISBN: 0674051750

Category: Law

Page: 413

View: 5151

Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

The Bill of Rights

Creation and Reconstruction

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Author: Akhil Reed Amar

Publisher: Yale University Press

ISBN: 9780300127089

Category: Law

Page: 430

View: 6086

Are the deep insights of Hugo Black, William Brennan, and Felix Frankfurter that have defined our cherished Bill of Rights fatally flawed? With meticulous historical scholarship and elegant legal interpretation a leading scholar of Constitutional law boldly answers yes as he explodes conventional wisdom about the first ten amendments to the U.S. Constitution in this incisive new account of our most basic charter of liberty. Akhil Reed Amar brilliantly illuminates in rich detail not simply the text, structure, and history of individual clauses of the 1789 Bill, but their intended relationships to each other and to other constitutional provisions. Amar's corrective does not end there, however, for as his powerful narrative proves, a later generation of antislavery activists profoundly changed the meaning of the Bill in the Reconstruction era. With the Fourteenth Amendment, Americans underwent a new birth of freedom that transformed the old Bill of Rights. We have as a result a complex historical document originally designed to protect the people against self-interested government and revised by the Fourteenth Amendment to guard minority against majority. In our continuing battles over freedom of religion and expression, arms bearing, privacy, states' rights, and popular sovereignty, Amar concludes, we must hearken to both the Founding Fathers who created the Bill and their sons and daughters who reconstructed it. Amar's landmark work invites citizens to a deeper understanding of their Bill of Rights and will set the basic terms of debate about it for modern lawyers, jurists, and historians for years to come.