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| Author | : William Glover Young |
| Publisher | : Massachusetts Continuing Legal Education & CPCS |
| Total Pages | : 320 |
| Release | : 1998-01-01 |
| Genre | : Evidence |
| ISBN | : 9781575890999 |
| Author | : Frank Morey Coffin |
| Publisher | : |
| Total Pages | : 296 |
| Release | : 1980 |
| Genre | : Biography & Autobiography |
| ISBN | : |
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 423 |
| Release | : 2013-10-07 |
| Genre | : Law |
| ISBN | : 0674184653 |
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
| Author | : William Alsup |
| Publisher | : NewSouth Books |
| Total Pages | : 220 |
| Release | : 2019-03-01 |
| Genre | : Biography & Autobiography |
| ISBN | : 1603064524 |
What was it like growing up white in Mississippi as the Civil Rights Movement exploded in the 1950s and '60s. How did white children reconciled the decency and fairness taught by their parents with the indecency and unfairness of the Mississippi Way of Life, the euphemism applied to the pervasive Jim Crow. How did the Civil Rights Movement influence white kids coming of age in the most segregated place in America? Won Over, a memoir, examines these questions as it traces the journey of United States District Judge William Alsup, born white in 1945 to hard-working parents in Mississippi. They believed in segregation. But they also taught their children fairness and decency and therein lay the conflict, a struggle at the core of the human predicament in the South. As Won Over recalls near its outset, the author's earliest doubt about the system came at age twelve when what he'd thought stood as an abandoned shack at the bottom of a sand quarry turned out to be a school for black kids, whom we saw playing in the mud outside its door. At the end, Won Over reflects on a 1966 challenge by the author and his college roommate to the Mississippi Speaker Ban, an official rule against any "controversial" speaker coming onto a college campus in Mississippi, a rule used to quash their invitation to the state president of the NAACP to speak at their college, Mississippi State University. After a tense showdown, the roommates won that challenge. In January 1967, Aaron Henry became the first black ever to speak on a white college campus in Mississippi, receiving a standing ovation. The memoir traces the influences that drew the author from traditional Southern attitudes toward a color-blind ideal. Those influences included his older sister, Willanna, his closest circle of friends, a charismatic mentor in college, and the moral force of the Civil Rights Movement. Won Over recounts their steps along that journey — a counter protest to a John Birch Society billboard calling for the impeachment of Chief Justice Earl Warren; meeting personally with the brother of slain leader Medgar Evers to convey condolences; a letter to the editor of the statewide paper on behalf of his circle of friends declaring "We are for civil rights for Negroes"; joining his college roommate in a rally at Tougaloo College to support the Meredith March Against Racism; and going to the Liberty Baptist Church in Chicago to hear Dr. Martin Luther King, Jr. exhort the faithful in their summer-long protest against housing and employment discrimination. In 1967, William Alsup went on to Harvard Law School, then to clerk for Justice William O. Douglas. He briefly practiced civil rights law in Mississippi before moving to San Francisco, where he became a trial attorney and, in 1999, received an appointment as United States District Judge.
| Author | : Russell Canan |
| Publisher | : The New Press |
| Total Pages | : 109 |
| Release | : 2018-09-25 |
| Genre | : Law |
| ISBN | : 1620973871 |
“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
| Author | : Judith S. Kaye |
| Publisher | : SUNY Press |
| Total Pages | : 538 |
| Release | : 2019-01-01 |
| Genre | : Biography & Autobiography |
| ISBN | : 1438474806 |
An autobiography and selected writings by the former Chief Judge of New York’s highest court, the Court of Appeals. In 1983, Judith S. Kaye (1938–2016) became the first woman appointed to the Court of Appeals, New York’s highest court. Ten years later, she became the first woman to be appointed chief judge of the court, and by the time she retired, in 2008, she was the longest-serving chief judge in the court’s history. During her long career, she distinguished herself as a lawyer, jurist, reformer, mentor, and colleague, as well as a wife and mother. Bringing together Kaye’s own autobiography, completed shortly before her death, as well as selected judicial opinions, articles, and speeches, Judith S. Kaye in Her Own Words makes clear why she left such an enduring mark upon the court, the nation, and all who knew her. The first section of the book, Kaye’s memoir, focuses primarily on her years on the Court of Appeals, the inner workings of the court, and the challenges she faced, as chief judge, in managing a court system populated by hundreds of judges and thousands of employees. The second section, a carefully chosen selection of her written opinions (and occasional dissents), reveals how she guided the law in New York State for almost a quarter century with uncommon vision and humanity. Her decisions cover every facet of New York and federal law and have often been quoted and followed nationally. The final section of the book includes selections from her numerous articles and speeches, which cover the field, from common law jurisprudence to commercial law to constitutional analysis, all with an eye to the future and, above all, how the law can best affect the everyday lives of people who come to court—willingly or unwillingly—including, not least, those most in need of the law. BACK FLAP “Judith Kaye was one of the most admired judges in the nation—and a wonderful, real, often funny person as well. This collection captures the full range of the judge and the woman, and it serves as a great reminder of her enduring legacy.” — Jeffrey Toobin “An extraordinary woman, jurist, and leader who had a striking impact on the law and the administration of justice in New York State and beyond. This collection is more than a simple record of a remarkable life. It is a treasure—not only for those of us who knew and admired Judith but for all who may seek to understand and appreciate the profound impact she had on the law, the legal profession, and the administration of justice.” — from the Foreword by Honorable Janet DiFiore
| Author | : Justice John Paul Stevens |
| Publisher | : Little, Brown |
| Total Pages | : 560 |
| Release | : 2019-05-14 |
| Genre | : Biography & Autobiography |
| ISBN | : 0316489670 |
A "timely and hugely important" memoir of Justice John Paul Stevens's life on the Supreme Court (New York Times). When Justice John Paul Stevens retired from the Supreme Court of the United States in 2010, he left a legacy of service unequaled in the history of the Court. During his thirty-four-year tenure, Justice Stevens was a prolific writer, authoring more than 1000 opinions. In The Making of a Justice, he recounts his extraordinary life, offering an intimate and illuminating account of his service on the nation's highest court. Appointed by President Gerald Ford and eventually retiring during President Obama's first term, Justice Stevens has been witness to, and an integral part of, landmark changes in American society during some of the most important Supreme Court decisions over the last four decades. With stories of growing up in Chicago, his work as a naval traffic analyst at Pearl Harbor during World War II, and his early days in private practice, The Making of a Justice is a warm and fascinating account of Justice Stevens's unique and transformative American life.
| Author | : Ruggero J. Aldisert |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9781611630527 |
This book has one objective in mind: to enrich the skills of lawyers and law students so that each may bear--to borrow from Izaak Walton's The Compleat Angler--the noble title of "compleat lawyer." The voice belongs to a nonagenarian who has rolled up his sleeves, sat back in his chair and said he is willing to share observations on the law--both its anatomy and philosophical purposes--based on his rather prodigious and extensive experience. The content includes selective reflections from Judge Aldisert's books, lectures and essays over 14 years as a lawyer and 50 years as a judge, teacher and author. Five major law themes have commanded his special interest over the years: the common law tradition, logic and law, the institutional crisis facing appellate courts, quality writing, and the judicial process. Lawyers and law students will be afforded answers to these queries: What is the bedrock of our common law system and how can I use that knowledge to better advocate? What are trial and appellate judges really looking for? How can I create a writing structure that will persuade? What is the logical configuration that is absolutely necessary in any legal argument? What practical challenges do judges face when deciding my case? Howdo I convince a judge to decide my way when no precedent controls and the law is not clear? For a lawyer in the courtroom to become a truly compleat lawyer, he or she must learn "Why am I doing what I do?" And that's what this book is all about. "[N]o other single volume that I am aware of so neatly and clearly explains the American legal system. This book explains stare decisis better than anything else available. Judge Aldisert writes about his particular passion -- the law -- with an enthusiasm that is almost exhausting. Through this book the law student can get a glimpse of just how enormously satisfying the next 60 or 70 years of his or her life can be....This book really should be required reading for all law students, lawyers and others too." -- Paul Lomio, library director and law lecturer at Stanford Law School
| Author | : Sandra Day O'Connor |
| Publisher | : Random House |
| Total Pages | : 354 |
| Release | : 2007-12-18 |
| Genre | : Law |
| ISBN | : 0307432416 |
NATIONAL BESTSELLER • “Shows us why Sandra Day O’Connor is so compelling as a human being and so vital as a public thinker.”—Michael Beschloss In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions. Straight-talking, clear-eyed, inspiring, The Majesty of the Law is more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also reveals some of the things she has learned and believes about American law and life—reflections gleaned over her years as one of the most powerful and inspiring women in American history.
| Author | : Joseph R. Grodin |
| Publisher | : Univ of California Press |
| Total Pages | : 236 |
| Release | : 1989 |
| Genre | : Biography & Autobiography |
| ISBN | : 9780520076471 |
As Justice William Brennan observes in his foreword, state courts are in some critical ways more important than federal courts in deciding controversies which affect the lives of ordinary citizens. Yet, outside of technical legal materials, little attention is paid to their role in shaping the law. Joseph R. Grodin seeks to fill this vacuum. A law professor and former justice of the California Supreme Court, Grodin was removed from the bench in 1986 along with Chief Justice Rose Bird and Justice Cruz Reynoso after a highly publicized campaign that focused on their decisions in death penalty cases. Drawing on his own experience, and in a lively style spiced with anecdotes and aimed at a general audience, Grodin writes about state appellate courts with insights that only a former justice could provide. Grodin begins with a reflection on the perspective of the bench, addressing such questions as how judges view the arguments of lawyers and how appellate courts cope with an ever-increasing caseload. He describes his own elevation up the judicial ladder and points out significant aspects of the landscape along the way. In Part Two he discusses the judicial functions that are more or less distinctive to state courts, using case descriptions to illustrate the history and development of the common law, the significance of state constitutions for the protection of individual liberties, the special problems posed by enactment of laws through the initiative process, and the dilemmas surrounding the administration of the death penalty. In Part Three he confronts a perennial and vastly important question--do judges make law? Grodin argues that in a sense they do, but only within a framework of constraints that make the process quite different from legislative lawmaking. Moreover, the nature of judicial lawmaking varies from context to context, and it has different dimensions in the state systems than in the federal. Finally, Grodin discusses the election process which is used in most states to decide upon selection or retention of judges. He argues that elections pose a threat to judicial independence, and he considers several alternatives to the current system. This engaging book offers a fascinating look at the courts and will appeal to anyone interested in how judges think about the law.
