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The Riddle of Harmless Error

The Riddle of Harmless Error
Author: Roger J. Traynor
Publisher: Columbus : Ohio State University Press
Total Pages: 136
Release: 1970
Genre: Appellate procedure
ISBN:

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The Politics of Pollution

The Politics of Pollution
Author: J. Clarence Davies
Publisher:
Total Pages: 270
Release: 1975
Genre: Political Science
ISBN: 9780672537202

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Federal Habeas Corpus

Federal Habeas Corpus
Author: Charles Doyle
Publisher: Nova Publishers
Total Pages: 82
Release: 2007
Genre: Law
ISBN: 9781600213021

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Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.


Convicting the Innocent

Convicting the Innocent
Author: Brandon L. Garrett
Publisher: Harvard University Press
Total Pages: 376
Release: 2011-08-04
Genre: Art
ISBN: 0674060989

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On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.


Supreme Court

Supreme Court
Author:
Publisher:
Total Pages: 1362
Release: 1882
Genre:
ISBN:

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Pudd'nhead Wilson and Those Extraordinary Twins

Pudd'nhead Wilson and Those Extraordinary Twins
Author: Mark Twain
Publisher:
Total Pages: 314
Release: 1922
Genre: Conjoined twins
ISBN:

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This is a story of a sober kind, picturing life in a little town of Missouri, half a century ago. The principal incidents relate to a slave of mixed blood and her almost pure white son, whom she substitutes for her master's baby. The slave by birth grows up in wealth and luxury, but turns out a peculiarly mean scoundrel, and perpetrating a crime, meets with due justice. The science of fingerprints is practically illustrated in detecting the fraud. The title character is the village atheist, whose maxims doubtless express much of the author's own disillusion.


Implementing the Constitution

Implementing the Constitution
Author: Richard H. FALLON
Publisher: Harvard University Press
Total Pages: 199
Release: 2009-06-30
Genre: Law
ISBN: 0674036670

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This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.


The Public Domain

The Public Domain
Author: James Boyle
Publisher: Createspace Independent Publishing Platform
Total Pages: 340
Release: 2016-09-06
Genre:
ISBN: 9781537469607

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Please read the legal notice included in this e-book and/or check the copyright status in your country. In this enlightening book James Boyle describes what he calls the range wars of the information age-today's heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation. Boyle identifies as a major problem the widespread failure to understand the importance of the public domain-the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.


Understanding Remedies

Understanding Remedies
Author: James M. Fischer
Publisher:
Total Pages: 568
Release: 2021
Genre: Damages
ISBN: 9781531021894

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"The fourth edition of Understanding Remedies is designed to provide a thorough overview of the remedies a civil plaintiff may obtain to secure appropriate redress for wrongs inflicted. The book has been substantially restructured so the information is presented in a manner that can be easily grasped and understood. The text has been augmented with numerous headings, subheadings, and bullet points to enable the reader to quickly see the critical issues raised under the Law of Remedies; however this has been done while preserving the extensive content of the information provided by the book. The book has also been augmented with more examples to help convey understanding of the legal points made. As with prior editions of Understanding Remedies, the book materials are organized around two themes. Chapters one through seven examine general remedial considerations, such as damages, restitution, and defenses as standalone concepts. The goal here is to give the reader a firm foundational understanding of the concept itself. Chapters eight through twenty-four examine the general remedial consideration in specific contexts, for example, what remedies are available when a person sustains bodily injury caused by another's legal wrong. In this setting the available remedies are identified and discussed. Also addressed are the tactical strategic issues that would influence the desirability and availability of specific remedies, for example, an injunction to abate a nuisance or restitution to redress a trespass. The materials are comprehensive and respect the nuance and subtlety of the subject. Understanding Remedies presents the richness of the topic to students who wish to gain both a fundamental appreciation of the subject and an insight into the myriad ways remedies influence the shape and dimension of modern American law"--