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Books : Nonfiction : Law : Procedures & Litigation : Courts
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In The Nine, acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.
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In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief-writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.
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A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
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A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.
Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
(20080211)
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CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool! The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades.
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A non-lawyer’s guide to the worst Supreme Court decisions of the modern era
The Dirty Dozen takes on twelve Supreme Court cases that changed American history—and yet are not well known to most Americans.
Starting in the New Deal era, the Court has allowed breathtaking expansions of government power that significantly reduced individual rights and abandoned limited federal government as envisioned by the founders.
For example:
• Helvering v. Davis (1937) allowed the government to take money from some and give it to others, without any meaningful constraints
• Wickard v. Filburn (1942) let Congress use the interstate commerce clause to regulate even the most trivial activities—neither interstate nor commerce
• Kelo v. City of New London (2005) declared that the government can seize private property and transfer it to another private owner
Levy and Mellor untangle complex Court opinions to explain how The Dirty Dozen harmed ordinary Americans. They argue for a Supreme Court that will enforce what the Constitution actually says about civil liberties, property rights, racial preferences, gun ownership, and many other controversial issues.
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The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices -- maneuvering, arguing, politicking, compromising and making decisions that affect every major area of American life.
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Written by a renowned authority on forensic science, this book introduces the non-scientific reader to the field of forensic science through an exploration of its applications to criminal investigations, with clear explanations of the techniques, abilities, and limitations of the modern crime laboratory. The most current technologies, techniques, practices, and procedures highlight this book. Actual cases, including a new case study on the role of DNA evidence in the investigation of the World Trade Center crime scene, enable readers to see the integral role of forensic science in criminal investigations. Topics covered include: the crime scene, physical evidence, physical properties, organic analysis, inorganic analysis, the microscope, hairs, fibers, and paint, drugs, forensic toxicology, forensic aspects of arson and explosion investigations, forensic serology, DNA, fingerprints, firearms, toolmarks and other impressions, document and voice examination, and forensic science on the Internet. An excellent reference resource for members of the forensic science field, as well as others involved in criminal justice.
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The best-selling introduction to criminal justice book of all time, Criminal Justice Today 9/e, continues to set the standard with its hallmark features of theme, technology, and time. The strengths of the book rest in the application of theoretical perspectives to current real world activities related to criminal justice issues. New technology and cases are also incorporated, bringing the book and reader together in current issues. CJ Ethics & Professionalism Boxes stress the importance of ethical behavior for the criminal justice professional. New Juvenile Justice chart details the flow of events in the juvenile justice system. An added CD provides additional and in-depth coverage of important issues and background material found in book. Also includes full opinions of important U.S. Supreme Court cases covered in the chapters. Criminal justice professionals.
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By Ray Kessler. The Study Guide is designed to help students learn chapter concepts. It includes chapter-specific learning objectives, chapter summaries and detailed outlines, key terms, and chapter self-tests that include multiple-choice, true/false and essay questions.
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Criminal Justice: A Brief Introduction uses real-life stories throughout that are designed to capture and sustain the attention of its readers, helping them achieve a meaningful and comprehensive understanding of its concepts. It explores how the criminal justice system balances individual rights (freedom) with the need for public order (safety). It explores the new environment of the ongoing threat of domestic terrorism; with its updated research and statistics, this edition is the most timely and relevant resource available. Real-life examples of current issues and topics in the criminal justice system round out comprehensive coverage of criminology, multiculturalism, crime reporting, criminal law, policing, adjudication and the court system, and the corrections system. With its comprehensive appendices and online resource guide, this book is an excellent reference for those involved in the criminal justice system.
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This text covers both private and public investigations as well as the practice and application of criminal investigations. It provides students with a solid foundation in criminal investigation. The fifth edition stresses professionalism and modern investigation tools as it covers established investigation policies, procedures, and techniques for the law enforcement officer. Recent court cases and investigations integrated throughout the text update the student on significant happenings throughout the world.
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This text is designed to introduce students to ethical decision-making in the criminal justice system. Its greatest strengths are its balanced coverage of 1) all three segments of the CJ system-police, courts, and corrections-and 2) both philosophical principles/theories and hands-on criminal justice issues and applications.
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This new CORE edition of Siegel's best-selling CRIMINOLOGY, Seventh Edition and CRIMINOLOGY: THEORIES, PATTERNS, AND TYPOLOGIES, Seventh Edition takes a concise look at criminology and criminological theory. Not just the same book, this version is a complete rewrite, making this a shorter, less expensive alternative to other criminology texts on the market. The material has been carefully structured to cover relevant information in a manageable format and in a presentation that is interesting and contemporary. Siegel continues to incorporate unbiased, high-interest examples on many diverse criminology issues that characterize its interdisciplinary nature.
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Todd R. Clear, one of the country's leading experts in the study of corrections, and George F. Cole, considered by many as the "founding father" of modern criminal justice study, have combined talents once again for the new Sixth Edition of their market-leading AMERICAN CORRECTIONS. A great author team, Clear's expertise in corrections complements Cole's organizational view of the system. Together, they present a well-rounded, balanced approach to corrections. Clear and Cole takes a sociological and humanistic approach to corrections. It treats institutional and alternative sanctions in a balanced fashion and offers a look at the system from the perspective of both the corrections worker and the offender. It also presents the concept of corrections as a "system" of interconnected organizations and carries this theme throughout the book. While this approach appeals to both sociologists and criminal justice types alike, it is particularly appealing to a growing portion of the market: the professors with sociological backgrounds who are now teaching the introduction to corrections course. From a more practical standpoint, many find this text appealing because it provides comprehensive, thorough coverage without being overwhelming. At 22 chapters and 560 pages, it is very compatible with standard, semester-long courses. Such effective compatibility continues in the Sixth Edition with a new visually engaging four-color interior design.
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By far the best-selling text in this market, AMERICA'S COURTS focuses on the dynamics of the court by introducing the concept of the "courtroom work group" and the relationship between the three main-actors judge, prosecutor, and defense attorney-thus illustrating the law in action, not just dry theory and facts. Neubauer also uses myriad pedagogical devices which bring the court process to life for students. This text has become a leader because of its comprehensiveness, its focus on dynamics of the process, and its pedagogical features. This new edition is a radical revision, with many new topics, features, and supplements.
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.
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This comprehensive, best-selling text provides an in-depth analysis of the theories of delinquency, environmental issues, juvenile justice issues, and the juvenile justice system. Renowned for its exhaustive research base, this book presents cutting-edge, seminal research, as well as up-to-the-minute policy and news-worthy examples. Offering objective, to-the-minute presentation of juvenile delinquency theory and juvenile justice policy issues, the authors examine opposing sides of controversial aspects of delinquency and delinquency programs in a balanced, unbiased way. Rewritten for greater clarity, this thoroughly revised edition also achieves new heights of student accessibility through increased pedagogical aids, including the addition of marginal "InfoTrac College Edition Research" boxes, marginal "Web Link" boxes, MicroCase exercises, "Viewpoint" end-of-chapter InfoTrac College Edition features, and a much stronger, broader package of student resources offered via the book-specific Web site. This edition also provides students a gateway to online and multimedia resources that capture the immediacy of the field through CNN video, CD-ROM, and the Internet.