Taking Back The Courts

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Taking Back the Courts

Norm Pattis
Taking Back the Courts Book PDF

Author : Norm Pattis
Publisher : Sutton Hart Press
Page : 216 pages
File Size : 54,7 Mb
Release : 2011-08-01
Category : Law
ISBN : 0981988857

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Taking Back the Courts by Norm Pattis Pdf

Taking Back the Courts A Flawed Justice System Exposed by One of America's Most Controversial and Successful Trial Lawyers, Norm Pattis, with a Forward and Preface by two other legal icons: F. Lee Bailey and Gerry Spence. In Taking Back the Courts Norm Pattis delivers a searing and keenly intelligent critique of America's justice system; an insider's account that takes no prisoners while offering many insightful and necessary remedies. Pattis blows the whistle on many of the system's maladies including: deceptive profiteering experts for hire, police-extorted confessions, morally bereft backroom plea bargaining, the demise of the jury, the sexophrenia that has addled the brains of legislators and judges packing our prisons with people far from evil and many more. Trial attorney Pattis is a provocative social philosopher writing with a pen warmed in Hell, but his case against the courts is unwaveringly wise, sober, principled, balanced and compulsively readable.

Taking Back the Constitution

Mark Tushnet
Taking Back the Constitution Book PDF

Author : Mark Tushnet
Publisher : Yale University Press
Page : 321 pages
File Size : 47,8 Mb
Release : 2020-07-03
Category : Law
ISBN : 9780300245981

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Taking Back the Constitution by Mark Tushnet Pdf

How the Supreme Court's move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism--a move that would restore to the other branches of government a role in deciding constitutional questions.

The Future of International Courts

Avidan Kent,Nikos Skoutaris,Jamie Trinidad
The Future of International Courts Book PDF

Author : Avidan Kent,Nikos Skoutaris,Jamie Trinidad
Publisher : Routledge
Page : 284 pages
File Size : 43,7 Mb
Release : 2019-02-26
Category : Law
ISBN : 9780429872167

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The Future of International Courts by Avidan Kent,Nikos Skoutaris,Jamie Trinidad Pdf

The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.

Telling it to the Judge

Arthur J. Ray
Telling it to the Judge Book PDF

Author : Arthur J. Ray
Publisher : McGill-Queen's Press - MQUP
Page : 304 pages
File Size : 42,8 Mb
Release : 2011-10-17
Category : Social Science
ISBN : 9780773586482

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Telling it to the Judge by Arthur J. Ray Pdf

Arthur Ray's extensive knowledge in the history of the fur trade and Native economic history brought him into the courts as an expert witness in the mid-1980s. For over twenty-five years he has been a part of landmark litigation concerning treaty rights, Aboriginal title, and Métis rights. In Telling It to the Judge, Ray recalls lengthy courtroom battles over lines of evidence, historical interpretation, and philosophies of history, reflecting on the problems inherent in teaching history in the adversarial courtroom setting. Told with charm and based on extensive experience, Telling It to the Judge is a unique narrative of courtroom strategy in the effort to obtain constitutional recognition of Aboriginal and treaty rights.

The Collapse of Constitutional Remedies

Aziz Z. Huq
The Collapse of Constitutional Remedies Book PDF

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 44,9 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

The Agenda

Ian Millhiser
The Agenda Book PDF

Author : Ian Millhiser
Publisher : Unknown
Page : 128 pages
File Size : 44,6 Mb
Release : 2021-03-30
Category : Law
ISBN : 1734420766

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The Agenda by Ian Millhiser Pdf

From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States. Ian Millhiser, Vox's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. The Agenda exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right--its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws.

The Court and the World

Stephen Breyer
The Court and the World Book PDF

Author : Stephen Breyer
Publisher : Vintage
Page : 402 pages
File Size : 48,5 Mb
Release : 2016-08-23
Category : Law
ISBN : 9781101912072

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The Court and the World by Stephen Breyer Pdf

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. 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.

Civil Appeals

Michael Burton
Civil Appeals Book PDF

Author : Michael Burton
Publisher : Xpl Pub
Page : 600 pages
File Size : 54,6 Mb
Release : 2011-12-01
Category : Law
ISBN : 1858113792

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Civil Appeals by Michael Burton Pdf

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

Regulation and the Courts

R. Shep Melnick
Regulation and the Courts Book PDF

Author : R. Shep Melnick
Publisher : Brookings Institution Press
Page : 426 pages
File Size : 44,6 Mb
Release : 2010-12-01
Category : Law
ISBN : 0815720319

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Regulation and the Courts by R. Shep Melnick Pdf

In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.

Taking the Constitution Away from the Courts

Mark Tushnet
Taking the Constitution Away from the Courts Book PDF

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 255 pages
File Size : 45,9 Mb
Release : 2000-07-24
Category : Law
ISBN : 9781400822973

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Taking the Constitution Away from the Courts by Mark Tushnet Pdf

Here a leading scholar in constitutional law, Mark Tushnet, challenges hallowed American traditions of judicial review and judicial supremacy, which allow U.S. judges to invalidate "unconstitutional" governmental actions. Many people, particularly liberals, have "warm and fuzzy" feelings about judicial review. They are nervous about what might happen to unprotected constitutional provisions in the chaotic worlds of practical politics and everyday life. By examining a wide range of situations involving constitutional rights, Tushnet vigorously encourages us all to take responsibility for protecting our liberties. Guarding them is not the preserve of judges, he maintains, but a commitment of the citizenry to define itself as "We the People of the United States." The Constitution belongs to us collectively, as we act in political dialogue with each other--whether in the street, in the voting booth, or in the legislature as representatives of others. Tushnet urges that we create a "populist" constitutional law in which judicial declarations deserve no special consideration. But he warns that in so doing we must pursue reasonable interpretations of the "thin Constitution"--the fundamental American principles embodied in the Declaration of Independence and the Preamble to the Constitution. A populist Constitution, he maintains, will be more effective than a document exclusively protected by the courts. Tushnet believes, for example, that the serious problems of the communist scare of the 1950s were aggravated when Senator Joseph McCarthy's opponents were lulled into inaction, believing that the judicial branch would step in and declare McCarthy's actions unconstitutional. Instead of fulfilling the expectations, the Court allowed McCarthy to continue his crusade until it was ended. Tushnet points out that in this context and in many others, errors occurred because of the existence of judicial review: neither the People nor their representatives felt empowered to enforce the Constitution because they mistakenly counted on the courts to do so. Tushnet's clarion call for a new kind of constitutional law will be essential reading for constitutional law experts, political scientists, and others interested in how and if the freedoms of the American Republic can survive into the twenty-first century.

Operating in the Courts of Heaven

Robert Henderson
Operating in the Courts of Heaven Book PDF

Author : Robert Henderson
Publisher : Destiny Image Publishers
Page : 217 pages
File Size : 41,9 Mb
Release : 2016-02-23
Category : Religion
ISBN : 9780768413830

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Operating in the Courts of Heaven by Robert Henderson Pdf

Why do some people pray in agreement with Gods will, heart and timing, yet the desired answers do not come? Why would God not respond when we pray from the earnestness of our hearts? What is the problem, or better yet, what is the solution? Robert Henderson believes the answer is found in where your prayer actually takes place. We must direct our prayer towards the Courts of Heaven and not only the battlefield. Robert shows that it is in the courtrooms of Heaven where our breakthroughs can be found. When you learn to operate there you will see your answers unlocked and released. This book will teach you the legal processes of Heaven and how to operate in its courts. When you get off the battlefield and into the courtroom you can grant God the legal clearance to fulfill His passion and answer your prayers.

Supreme Disorder

Ilya Shapiro
Supreme Disorder Book PDF

Author : Ilya Shapiro
Publisher : Simon and Schuster
Page : 256 pages
File Size : 55,5 Mb
Release : 2020-09-22
Category : Political Science
ISBN : 9781684510726

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Supreme Disorder by Ilya Shapiro Pdf

"A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.

Weak Courts, Strong Rights

Mark Tushnet
Weak Courts Strong Rights Book PDF

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 49,9 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159

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Weak Courts, Strong Rights by Mark Tushnet Pdf

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Model Rules of Professional Conduct

American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Model Rules of Professional Conduct Book PDF

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 42,5 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.

The Judge's List

John Grisham
The Judge s List Book PDF

Author : John Grisham
Publisher : Vintage
Page : 481 pages
File Size : 46,9 Mb
Release : 2022-08-23
Category : Fiction
ISBN : 9780593157831

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The Judge's List by John Grisham Pdf

#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.