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The Judge in a Democracy

The Judge in a Democracy
Author: Aharon Barak
Publisher: Princeton University Press
Total Pages: 355
Release: 2009-01-10
Genre: Law
ISBN: 1400827043

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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.


The Power of Dignity

The Power of Dignity
Author: Judge Victoria Pratt
Publisher: Hachette UK
Total Pages: 244
Release: 2022-05-10
Genre: Social Science
ISBN: 1541674820

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A renowned judge wonders: What would criminal justice look like if we put respect at the center? The Black and Latina daughter of a working-class family, Victoria Pratt learned to treat everyone with dignity, no matter their background. When she became Newark Municipal Court’s chief judge, she knew well the inequities that poor, mentally ill, Black, and brown people faced in the criminal justice system. Pratt’s reforms transformed her courtroom into a place for problem-solving and a resource for healing. She assigned essays to defendants so that the court could understand their hardships and kept people out of jail through alternative sentencing and nonprofit partnerships. She became the judge of second chances, because she knew too few get a first one. With a foreword from Senator Cory Booker, The Power of Dignity shows how we can transform courtrooms, neighborhoods, and our nation to support the vulnerable and heal community rifts. That’s the power of dignity.


A Judge's Advice

A Judge's Advice
Author: Ruggero J. Aldisert
Publisher:
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9781611630527

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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


Legal Writing

Legal Writing
Author: Robert Edwin Bacharach
Publisher: American Bar Association
Total Pages: 0
Release: 2020
Genre: Law
ISBN: 9781641056595

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"A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law


Running for Judge

Running for Judge
Author: Tim Fall
Publisher: Wipf and Stock Publishers
Total Pages: 136
Release: 2020-02-17
Genre: Biography & Autobiography
ISBN: 1725260875

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You don’t often hear of elected officials who are battling mental illness. Social, professional, and political stigma are the problem, yet a quarter of our population has anxiety, depression, or both, and continue to be productive and effective on the job, in their families, and around their communities. This is a mental health memoir even more than a memoir of a judicial election. Judges, as much as anyone else, carry huge responsibilities. Faith, family, friends, and good medical care are part of the process for addressing mental illness that threatens to interfere with those responsibilities. If you battle mental illness or know someone who does (and you do, statistics show), others may try to convince you that mental illnesses like depression and anxiety are all in your head. Tell them this: “Of course, mental illness is all in your head. And a heart attack is all in your chest. Go see a doctor either way.” This book will help you feel better equipped to tell them that yourself.


How Judges Think

How Judges Think
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 399
Release: 2010-05-01
Genre: Law
ISBN: 0674033833

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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.


I Am the Law: How Judge Dredd Predicted Our Future

I Am the Law: How Judge Dredd Predicted Our Future
Author: Michael Molcher
Publisher: Rebellion Publishing Ltd
Total Pages: 428
Release: 2023-02-23
Genre: Comics & Graphic Novels
ISBN: 1786188945

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He is the law - and you better believe it! Judge, jury and executioner, Judge Dredd is the brutal comic book cop policing the chaotic future urban jungle of Mega-City One, created by John Wagner and Carlos Ezquerra and launching in the pages of 2000 AD in 1977. But what began as a sci-fi action comic quickly evolved into a searing satire on hardline, militarised policing and ‘law and order’ politics, its endless inventiveness and ironic humour acting as a prophetic warning about our world today - and with important lessons for our future. Blending comic book history with contemporary radical theories on policing, I Am The Law takes key Dredd stories from the last 45 years and demonstrates how they provide a unique wake up call about our gradual, and not so gradual, slide towards authoritarian policing. From the politicisation of policing to ‘zero tolerance’, from violent suppression of protest to the rise of the surveillance state, I Am The Law examines how a comic book warned us about the chilling endgame of today's 'law and order' politics.


The Language of Judges

The Language of Judges
Author: Lawrence M. Solan
Publisher: University of Chicago Press
Total Pages: 231
Release: 2010-08-15
Genre: Law
ISBN: 0226767892

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Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.


Her Honor

Her Honor
Author: LaDoris Hazzard Cordell
Publisher: Celadon Books
Total Pages: 196
Release: 2021-10-26
Genre: Biography & Autobiography
ISBN: 125026958X

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In Her Honor, Judge LaDoris Hazzard Cordell provides a rare and thought-provoking insider account of our legal system, sharing vivid stories of the cases that came through her courtroom and revealing the strengths, flaws, and much-needed changes within our courts. Judge Cordell, the first African American woman to sit on the Superior Court of Northern California, knows firsthand how prejudice has permeated our legal system. And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible. Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved. Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat—as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills—some humorous, others heartwarming, still others deeply troubling. Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans.