Legal systems: courts and procedures Books

Book SynopsisIn 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser''s definitive biography of America''s longest-serving Chief Justice.Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined

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Book SynopsisThis new edition of Criminal Defence offers a step-by-step guide to practice and procedure in all of the criminal courts. It covers the process in detail, from the role of the defence solicitor, through to shaping a case at the police station, to preparing for trial and finally action after acquittal or conviction and sentence. It also contains specific chapters on youths and clients at a disadvantage. Based on up-to-date case law, it is a best practice guide to being a criminal solicitor and complements the goals of the Law Society's Criminal Law Accreditation Scheme.Table of Contents1. The defence solicitor; 2. Legal and professional duties; 3. Obtaining core information for the file; 4. Maintaining file quality; 5. Managing the case; 6. Shaping the case in the police station; 7. Funding the case; 8. The defendant in custody; 9. Advising your client to plead guilty or not guilty; and on likely sentences if convicted; 10. Choosing a place of trial; 11. Preparing for sentence: plea of guilty or conviction; 12. Directions and case management for trial: special measures, bad character and hearsay; 13. Preparing for trial: analysing witness testimony and obtaining disclosure; 14. Preparing for trial: gathering evidence and analysing physical material; 15. Preparing for a Crown Court trial: process issues; 16. Youths; 17. Clients at a disadvantage; 18. Action after acquittal or conviction and sentence; Appendices.

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Book SynopsisTrade Review"The third edition is a major revision, updating, revising, and expanding the material on civil rights, abortion, women’s rights, and marriage equality. In particular, it analyzes the resegregation of public schools, showing how the conditions necessary for courts to produce progressive change waned, limiting judicial efficacy." * Law & Courts Newsletter *Table of ContentsList of Tables and Figures Preface to the Third Edition Preface to the Second Edition Preface to the First Edition Introduction 1: The Dynamic and the Constrained Court Part 1: Civil Rights 2: Bound for Glory? Brown and the Civil Rights Revolution 3: Constraints, Conditions, and the Courts 4: Planting the Seeds of Progress? 5: The Current of History Part 2: Abortion and Women’s Rights 6: Transforming Women’s Lives? The Courts and Abortion 7: Liberating Women? The Courts and Women’s Rights 8: The Court as Catalyst? 9: The Tide of History Part 3: Marriage Equality 10: You’ve Got That Loving Feeling? The Litigation Campaign for Marriage Equality 11: What a Long, Strange Trip It’s Been: Mobilization, Countermobilization, and State Action 12: The Times They Are a-Changing 13: Conclusion: The Fly-Paper Court Epilogue Appendixes 1. Black Children in Elementary and Secondary School with Whites, State-by-State Breakdown, 1954–1972 2. Blacks at Predominantly White Public Colleges and Universities: State-by-State Breakdown 3. Black Voter Registration in the Southern States, Pre– and Post–Voting Rights Act, State-by-State Breakdown 4. Data Correction for Table 2.5 5. Laws and Actions Designed to Preserve Segregation 6. Method for Obtaining Information for Table 4.1 and Figure 4.1 7. Illegal Abortions 8. Method for Obtaining Information for Tables 8.1a, 8.1b, 8.2a, and 8.2b, and for Figures 8.1 and 8.2 9. Make Change, Not Lawsuits 10. Coding Rules and Method for Obtaining Information for Tables 12.2, 12.3, 12.4, 12.5, and 12.6 Case References References Index

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Book SynopsisIn 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.

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Book SynopsisA comprehensive source of the most authoritative statements of the International Criminal Court''s appellate jurisprudence. Its clear format includes commentaries followed by excerpts of the decisions and judgments, carefully selected by lawyers based on their relevance and grouped by topic. It provides a practical background to the International Criminal Court''s appellate jurisprudence from experienced current and former Appeals Counsel of the Office of the Prosecutor of the Court, highlighting pertinent issues. In doing so, readers are given the tools to discern the meaning of the case law themselves, while attention is drawn to the most important developments in the jurisprudence. This text presents an authoritative and comprehensive digest of the Appeals Chamber''s jurisprudence, bringing the relevant case extracts together for the first time with clear and informative commentary.Trade Review'Prepared by experienced litigators, this timely digest offers an extremely useful inside view of the first fifteen years at the ICC. It helps to understand the responses already given by the Court to some key challenges and will contribute to identify ways and means to enhance its future work.' Silvia Fernández de Gurmendi, Former ICC President and Judge at the ICC Appeals Chamber'Judicial reasoning in the form of appeal court decisions is an essential source of any developing jurisprudence. This compendium of case law from the superior tribunal in the international criminal jurisdiction is not only a credit to its authors but a testament to the maturity of the ICC. Its content is essential distillations of principle and practice. Its structure is imaginative and theorized around the unique features of justice expanded in the preamble. This compilation fills a void in much more than substantive legal commentary. The value of the book will be measured by its application in the critical development of a genuine international criminal law.' Mark Findlay, Singapore Management University'A daunting task for international criminal lawyers is to understand the true significance of the ICC's extensive and developing appellate jurisprudence, and to distinguish deep-rooted trends from passing aberrations. This text shines a brilliant and highly authoritative light on the burgeoning case law, and it will immediately become the indispensable guide for practitioners.' Lord Justice Adrian Fulford, Investigatory Powers Commissioner (UK) and Presiding Judge at the ICC Trial Chamber in the Lubanga Case'Comprehensive, richly detailed and impeccably authoritative, this is an essential reference on the interpretation of the Rome Statute. It also testifies to the already huge contribution of the Appeals Chamber to the development of international criminal law.' William Schabas, Middlesex University, LondonTable of ContentsPart I. Interpretation and Structural Issues; Part II. Jurisdiction and Admissibility; Part III. Cooperation and Judicial Assistance; Part IV. Arrest and Detention; Part V. Charges and Confirmation Hearing; Part VI. Disclosure and Redactions; Part VII. The Protection of Victims and Witnesses; Part VIII. Fairness, Expeditiousness of the Proceedings, and Rights of the Accused; Part IX. Offences against the Administration of Justice and Misconduct before the Court; Part X. Conduct of Trials; Part XI. Sentencing; Part XII. Reparations; Part XIII. Victim Participation in the Proceedings; Part XIV. Substantive Law; Part XV. Conduct of Appeals; Part XVI. Miscellaneous Procedural Issues; .

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Book SynopsisCan courts really build democracy in a state emerging from authoritarian rule? This book presents a searching critique of the contemporary global model of democracy-building for post-authoritarian states, arguing that it places excessive reliance on courts. Since 1945, both constitutional courts and international human rights courts have been increasingly perceived as alchemists, capable of transmuting the base materials of a nascent democracy into the gold of a functioning democratic system. By charting the development of this model, and critically analysing the evidence and claims for courts as democracy-builders, this book argues that the decades-long trend toward ever greater reliance on courts is based as much on faith as fact, and can often be counter-productive. Offering a sustained corrective to unrealistic perceptions of courts as democracy-builders, the book points the way toward a much needed rethinking of democracy-building models and a re-evaluation of how we employ courts in this role.Trade Review'This extraordinarily timely work deals with a critical question for democratisation about the weight of the expectations placed on constitutional and human rights courts. The work is global in its focus, soundly based in fact, impeccably researched and convincingly argued. It will be a staple of the democratisation literature for some time to come.' Cheryl Saunders, Laureate Professor Emeritus, Melbourne Law School and Co-convenor of Constitution Transformation Network'Tom Gerald Daly's The Alchemists is an important contribution to the growing comparative constitutional law of democracy, and takes the literature in exciting new directions. By examining in detail the 'democracy-building' jurisprudence of the Brazilian Supreme Court, and the complex interplay between regional human rights courts and national constitutional courts, especially in Latin America, The Alchemists raises a host of important questions and insights that will spark many scholarly conversations.' Sujit Choudhry, I. Michael Heyman Professor of Law, University of California, Berkeley and Founding Director, Center for Constitutional Transitions'The Alchemists is an important new book in the field of comparative constitutional studies, which poses a serious challenge to recent arguments in favour of constitutional courts as promoters or defenders of democracy. It highlights the danger, in this context, of high popular expectations of such courts, twinned with low court capacity. It also points to distinct dangers related to courts assuming an ambitious role in democratic transformation, such as via the enforcement of social rights, the danger of obfuscating underperformance in other key areas, distracting from core political struggles, and underplaying the centrality of political rights. In making these arguments it also canvasses a broad and diverse range of jurisdictions. It is essential reading for anyone working or writing in the field of democratisation and comparative constitutionalism.' Rosalind Dixon, Professor of Law, University of New South Wales Faculty of Law'Comparative constitutionalists, political scientists, and policymakers have recently shown great faith in the work of courts in new democracies. Anchored by a rich case study of Brazil and drawing on a wide range of comparative evidence, The Alchemists is not only an important caution pushing back against this trend, but also provides a thoughtful map of the ways in which domestic and international courts might work towards a more achievable role conception. Scholars of courts and democratization processes will benefit immensely from grappling with Tom Gerald Daly's arguments.' David E. Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of LawTable of ContentsPreface: our court obsession; Acknowledgments; Table of cases; List of abbreviations; Introduction: an onerous role for courts as democracy-builders; 1. The core concept: democratisation; 2. The rise and limits of constitutional courts as democracy-builders; 3. The rise and limits of human rights courts as democracy-builders; 4. 'Democratisation jurisprudence': framing courts' democracy-building roles; 5. Domestic democratisation jurisprudence in action: Brazil since 1988; 6. Regional democratisation jurisprudence: shaping democracy from outside; 7. What should courts do in a young democracy? Rethinking our approach; Concluding thoughts: moving beyond our court obsession; Bibliography; Index.

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Book SynopsisThe Supreme Court of the United States is in the midst of a generation change which will no doubt result in societal imperatives different than those in the past. The Supreme Court of the US has a profound effect on ideas, thoughts and behaviour of the people of the US. This bibliography presents hundreds of citations of the important literature dealing with this beacon of society.

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Book SynopsisThis book sheds light on whether Senate processing of lower court nominations, particularly to the courts of appeals, has tended over recent decades to slow down in presidential election years. The report begins by reviewing recent debate, and historical events dating back to 1980, concerning whether the Senate and its Judiciary Committee customarily observe a practice referred to as the "Thurmond rule". Next, the report provides narratives on each presidential election year from 1980 to 2004, reviewing Senate and committee actions taken on court of appeals and district court nominations in each of the years. The book then compares these years quantitatively, examining the number and percent of nominations processed and the last dates of committee and Senate action taken. Findings include the following: Senators of both parties at different times have spoken of their expectations of a drop-off in processing of judicial nominations occurring earlier in presidential election years than in other years. However, there is no written Senate or Judiciary Committee rule -- nor was any bipartisan agreement reached during the 1980-2004 period -- concerning judicial nominations in presidential election years. The Senate has, on average, confirmed fewer court of appeals nominees in presidential election years than in any other year of a presidential term between 1977 and 2007. In the presidential election years from 1980 to 2004, there was no consistently observed date after which the Judiciary Committee or Senate ceased processing lower court nominations; however, in the three most recent completed presidential election years, the Senate confirmed its last court of appeals nominee in July or earlier, while in the four preceding presidential election years, the Senate confirmed its final court of appeals nominee in October or later. On average, fewer court of appeals nominations received hearings, were reported, and were confirmed in the three most recent completed presidential election years (1996, 2000, and 2004) than in the four preceding presidential election years (1980, 1984, 1988, and 1992). From 1980 to 2004, the Senate confirmed, on average, more nominations (and a greater percentage of pending nominations) in years when the Senate majority was of the President''s party than years in which partisan control of the presidency and the Senate was divided. The report also outlines relevant considerations for Senators in deciding whether to seek to speed or slow the judicial confirmation process in a presidential election year. These considerations include the public policy views of the incumbent President (and his successor), patronage considerations for Senators of both political parties, the appearance of a partisan judicial confirmation process, and whether a slowdown might greatly affect the judicial vacancy rate.

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Book SynopsisThis new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.Trade Review"Abortion: The Supreme Court Decisions has long been an invaluable resource for understanding the contested status of abortion in American law. Updated to bring the narrative to its cataclysmic conclusion in the Dobbs decision of June 2022, this new edition will prove even more essential following the Supreme Court’s repudiation of a half century of precedent." —Linda Greenhouse, Yale University"In Dobbs v. Jackson (2022), the Supreme Court ended the constitutional right to abortion in the United States. Reproductive rights that seemed settled are now subject to change in more than fifty jurisdictions, including a Court that may not have had its last word on the subject. Fortunately for students and scholars alike, Shapiro and Steinmetz have produced an up-to-the-minute guide to the constitutional law of abortion. Their explanations of the legal, historical, philosophical, and political contexts of abortion law are beautifully written, guiding the reader through well-selected cases with clarity." —Elisabeth Ellis, University of Otago, New Zealand"The issue of a right to abortion (alternatively, a right to life) has roiled American politics and society for decades, including in arenas that seem to range far from the topic itself. So, it is essential to understand the judicial decisions that shape Americans’ choices. Abortion has encouraged this understanding through several editions—and the new fourth edition enables us to make sense of recent stunning decisions and dissents. All Americans should read this book." —Jennifer L. Hochschild, Harvard University

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Book Synopsis From renowned political theorist James MacGregor Burns, an incisive critique of the overreaching power of an ideological Supreme Court For decades, Pulitzer Prize-winner James MacGregor Burns has been one of the great masters of the study of power and leadership in America. In Packing the Court, he turns his eye to the U.S. Supreme Court, an institution that he believes has become more powerful, and more partisan, than the founding fathers ever intended. In a compelling and provocative narrative, Burns reveals how the Supreme Court has served as a reactionary force in American politics at critical moments throughout the nation's history, and concludes with a bold proposal to rein in the court's power.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisA lucid, lively, and definitive one-volume history of the USA''s highest court. Schwartz ranges from the earliest history of court dress to history''s most important cases in this illuminating examination.Trade Reviewthe best one-volume history of the US Supreme Court * Library Journal *

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Book SynopsisKnown as the Great Dissenter, Oliver Wendell Holmes, Jr. wrote some of the most eloquent opinions in the history of the United States Supreme Court. A brilliant legal mind who served on the high court into his nineties, Holmes was responsible for some of the most important judicial opinions of the twentieth century. Now, in this superb short biography, G. Edward White offers readers a lively, informative portrait of this singular individual. The book first sketches Holmes''s early years--his childhood in Boston, his undergraduate years at Harvard (which his father and both grandfathers also attended), and his valiant service in the Civil War, during which he was severely wounded three times. After the war, Holmes went into private law practice, wrote his landmark treatise The Common Law in 1881, had a short tenure on the Harvard Law School faculty, and spent 20 years as a judge on the Supreme Judicial Court of Massachusetts before being named to the U.S. Supreme Court. The author focuses on his remarkable 30-year service as a Supreme Court Justice, beginning in 1902, and details Holmes''s most significant cases--Abrams v. United States, Northern Securities Co. v. United States, Lochner v. New York, Schenck v. United States, and others--which limited working hours, set a mandatory minimum wage, protected women''s rights, legalized labor unions, and defined freedom of speech. These decisions--as well as The Common Law--are highly regarded to this day. A new volume in the Lives and Legacy series, this marvelous short biography offers an ideal introduction to a towering figure in American law.Trade Review"G. Edward White has crafted both an exceptional biography of Justice Oliver Wendell Holmes, Jr., and an incomparable example of American judicial biography. Holmes leaps from every page--philosophical skeptic, poet, lover of literature, adventurer, and seminal figure of law and the Supreme Court. While Holmes was the oldest justice to ever serve, White convincingly reminds us that he has never become obsolete." --Kermit L. Hall, editor of The Oxford Companion to the Supreme Court of the United States, Second Edition "G. Edward White has crafted both an exceptional biography of Justice Oliver Wendell Holmes, Jr., and an incomparable example of American judicial biography. Holmes leaps from every page--philosophical skeptic, poet, lover of literature, adventurer, and seminal figure of law and the Supreme Court. While Holmes was the oldest justice to ever serve, White convincingly reminds us that he has never become obsolete." --Kermit L. Hall, editor of The Oxford Companion to the Supreme Court of the United States, Second Edition

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Book SynopsisWith a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book co

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Book SynopsisThis book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the elements within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party''s purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or tTrade ReviewBurton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. * John D. McCamus, York University, UK *Table of ContentsPreface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index

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Book SynopsisMeasuring Judicial Activism supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. Complaints about activist Court decisions are common within contemporary political discourse, but these objections often have little substantive meaning beyond the speaker''s disagreement with particular case outcomes. Frequently debated by legal scholars, judicial activism is shaped by the participants'' ideological perspectives as well as by their subjective views regarding ambiguous constitutional provisions. Although no study can be perfectly objective, Measuring Judicial Activism seeks to move beyond these more subjective debates by conceptualizing activism in non-ideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic social scientific techniques. In so doing, the book allows the authors to assess the relative activism of recent justices on the Court. Stefanie LindquisTrade Review"Measuring Judicial Activism is a serious, scholarly work that nearly all academic law libraries will want to purchase." -- Law Library Review "Lindquist and Cross seek to move beyond subjective debates about judicial activism on the US Supreme Court by conceptualizing activism in nonideological terms, identifying specific empirical dimensions to the concept, and measuring those dimensions using systematic techniques. Examining the Court's exercise of judicial review to invalidate legislative and executive action and the justices' willingness to expand the Court's power by granting litigants increased access to the courts, they assess the relative activism of recent justices on the Court." --Law & Social Inquiry, Fall 2009Table of Contentsn/a

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Book SynopsisIn order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust, such as personal financial holdings or family relationships. Getting the Government America Deserve articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserve analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Trade Review"Government ethics is an area of the law that is not written about by legal academics and lawyers as much as it should be; it influences everything from how billions of dollars of taxpayer money are spent, to who gets top political appointments and whether this country is at war or at peace. Richard Painter offers concrete ideas for distancing government officials from lobbyists, campaign fundraisers, trade associations and other special interests that can easily drown out the voices of ordinary Americans. His experience includes being the chief White House ethics officer during one of the most challenging times in our recent history. His book has an intriguing set of proposals to address issues that are critical for our country's future. He addresses root causes of corruption in today's government while recognizing that many people in public life want to serve the public rather than special interests." -Walter Mondale, 42nd Vice President of the United States "Getting the Government America Deserves offers a comprehensive analysis and overview of ethics in government in early twenty-first century America. Melding practical experience at the highest levels and the knowledge and perspective gained from years of researching and teaching in the area, Painter provides a thoughtful perspective on crucial questions of accountability, transparency, and integrity in government. This is an original and important contribution that should be of interest to policymakers, attorneys, scholars, teachers, and anyone else who is concerned with how society should regulate the conduct of high-level government officials." -Geoffrey P. Miller, New York University School of Law "Everyone is in favor of ethics, and particularly ethics in government. But once we move from the abstract to the concrete, agreement fades. Professor Richard Painter is in a unique position to contribute to the debate. He is a law professor, the author of several articles, and a book on legal ethics. He was instrumental in persuading Congress to require any lawyer who represents a corporation to report known fraud up the ladder to senior management, and if that does not work, to the client's board of directors. And, he was former ethics counsel for President George W. Bush. His new book, Getting the Government America Deserves, gives us an inside look at how President Bush dealt with issues of government ethics and what President Obama can learn from that experience. This is the book that every well-informed citizen should read. Professor Painter offers substantial concrete proposals to clean up corruption in Washington." l-Ronald D. Rotunda, Chapman University School of LawTable of ContentsChapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index

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Book SynopsisGood lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanationTrade ReviewAny law student or lawyer who wants to develop their skills practicing the facts should benefit from studying Storytelling for Lawyers. * Jennifer Romig, Listening Like A Lawyer *The simple yet elegant manner in which Philip Meyer illustrates this anecdotal structure makes [Storytelling for Lawyers] a must-read... This book can benefit law professors and students alike, as well as, the most accomplished lawyers, and should be kept on hand at all times. * Keith Williams, American Bar Association for Law Students *'Make no mistake about it - lawyers are storytellers. It is how we make our livings,' Philip N. Meyer tells us, and convincingly proves, in his extraordinary Storytelling for Lawyers. Brilliantly exploring how issues of voice, plot, characterization, language, and narrative structure inform every aspect of the practice of law, Meyer tells a story no one in legal scholarship or practice has ever told before. Everyone, in every area of law, from beginning students to the most erudite scholars and accomplished practitioners, will profit substantially from this book. * Lawrence Joseph, author of Lawyerland *Readers of the book will come away with a deep appreciation of the possibilities for interplay between stories in law and in the broader culture, beyond anything that they can obtain from any other book with which I am familiar. * Neal Feigenson, author of Legal Blame: How Jurors Think and Talk About Accidents *Breathtaking in its sophistication, Storytelling for Lawyers is an unparalleled introduction to the art of legal storytelling. Meyer leads us through a fascinating and sometimes counterintuitive exploration of the building blocks of a good story - characters, plots, themes, and all the rest. Lawyers and law students everywhere should read this book, mark it up, and keep a battered copy within easy reach. * Linda H. Edwards, author of Legal Writing, Process, Analysis, and Organization and Readings in Persuasion: Briefs that Changed the World *No one knows the terrain, the feel, and the reach of stories better than Philip N. Meyer. What he tries to do, and does so brilliantly in Storytelling for Lawyers is to take readers 'inside' the story. It's hard to imagine a storytelling lawyer who couldn't benefit from Meyer's book. * James R. Elkins, Editor of Legal Studies Forum and Lawyer Poets and That World We Call Law *How lawyers tell stories to juries and judges is the subject of Meyer's recently published book, Storytelling for Lawyers. The book is intended not just for law students learning how to craft persuasive arguments, but for lay people simply curious about how popular culture, literature and the canon of case law mesh in the modern legal system. * Valley News *An excellent primer on narrative theory for lawyer-storytellers has now appeared... Meyer's book is a great story about lawyers telling stories. He brings his lawyer-storytellers to life and critiques their narrative efforts with great delight. I welcomed his reminder that the best lawyers can be and are artists. * MARQUETTE UNIVERSITY LAW SCHOOL FACULTY BLOG *Philip N. Meyer's splendid book, Storytelling for Lawyers, is both an explanation of this phenomenon and a master class on what makes an effective story and how to construct one. * David R. Dow, Rice University, Vermont Law Review *For me, the ultimate test of any book that makes recommendations about the practice of law is whether I can use the information it conveys now. This book proved an immediate help for me in working on an appellate brief... I don't know that I'll make to the promised land of the perfect brief, but now I have stronger sense of what it will read like. * greenleafadvocacy.com *Meyer's argument is not only about constructing a story, it is also about the use of compelling language... the text could be put to excellent use in a law & humanities classroom as a starting point for students to conduct similar narrative analysis of court filings and transcripts. * Jinee Lokaneeta, Law and Society Review *Storytelling for Lawyers is a well-done exploration of legal storytelling and would be well placed in any lawyer's toolbox of practical works. This title is recommended for attorneys and for law libraries that collect practice-oriented materials. * Christine Timko, Law Librarian, Nevada Supreme Court Law Library, Law Library Journal *If I were teaching a course devoted to advanced persuasive legal writing or to trial or appellate advocacy, Storytelling for Lawyers would be one of the required texts. * Diane Kraft, Assistant Professor of Legal Research and Writing, University of Kentucky College of Law, Legal Writing Institute The Second Draft *Table of ContentsChapter 1 - Introduction ; I. Lawyers are Storytellers ; II. Legal Arguments are Stories in Disguise ; III. The Parts of a Story ; IV. Movies and Closing Arguments ; Chapter 2 - Plotting I: The Basics ; I. What is Plot? ; II. Plot Structure in Two Movies ; Chapter 3 - Plotting II: Plot Structure in a Closing Argument to a Jury in a ; Complex Torts Case ; I. The <"Back Story>" ; II. Annotated Excerpts from Spence's Closing Argument on Behalf of Karen ; Silkwood ; III. Concluding Observations ; Chapter 4 - Character Lessons: Character, Character Development, and ; Characterization ; I. Introduction: Why Emphasize Movie Characters in Legal Storytelling? ; II. What is Character, and Why Is It Important to Legal Storytellers? ; III. Flat and Round Characters and Static and Changing ; Characters-High Noon Revisited ; IV. Techniques of Character Development and Characterization-Excerpts ; from Tobias Wolff's This Boy's Life ; Chapter 5 - Characters, Character Development, and Characterization in a ; Closing Argument to a Jury in a Complex Criminal Case ; I. The <"Back Story>" ; II. Excerpts from the Opening: Act I-<"The Setup>" and <"Confrontation>" ; III. Concluding Observations ; Chapter 6 - Style Matters: How to Use Voice, Point of View, Details and ; Images, Rhythms of Language, Scene and Summary, and Quotations and ; Transcripts in Effective Legal Storytelling ; I. Back Story: Grading Law School Examinations ; II. Preliminary Note: <"Voice>" and <"Style>" ; III. Voice and Rhythm: <"Staying on the Surface>" ; IV. The Use of Scene and Summary: <"Showing and Telling>" ; V. Telling in Different Voices ; VI. Perspective or Point of View ; VII. Several Functions of Perspective: How Does Perspective (Point of View) ; Work, and What Work Does it Do? ; VIII. Concluding Observations ; Chapter 7 - A Sense of Place: Settings, Descriptions and Environments ; I. Introduction ; II. Dangerous Territory: Contrasting Settings Evoking Danger and Instability in ; Joan Didion's <"The White Album>" and the Judicial Opinion in a Rape Case ; III. More Dangerous Places Where Bad Things Happen: Use of Physical ; Descriptions and Factual Details to Create Complex Environments in W.G. ; Sebald's The Emigrants and the Petitioners' Briefs in Two Coerced Confession ; Cases ; IV. Settings and Environment as Villains and Villainy in the Mitigation Stories ; of Kathryn Harrison's While They Slept and the Petitioner's Brief in ; Eddings v. Oklahoma ; V. Concluding Observations ; Chapter 8 - Narrative Time: A Brief Exploration ; I. Introduction ; II. The Ordering of Discourse Time ; III. Concluding Observations ; Chapter 9 - Final Observations: Beginnings and Endings

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Book SynopsisExamining the underlying theory of evidence in Anglo-American legal systems, this book describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. It develops a theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth.Trade Reviewthe most provocative of evidence books ... constitutes the most sophisticated and persuasive argument for enormously enhanced legal control over the evidentiary process in recent memory, and stands in marked contrast to the progression of the law of evidence in the Anglo-American world...Foundational to [Stein's] call for intense control over the evidentiary process is his deep insight that rules of evidence do not just do what they purport to do; they also allocate error, like it or not. He is right on this point... [he] articulates an elegant unified theory of evidence law ... From these theoretical perspectives, he brilliantly critiques various evidentiary rules...[and] provides a creative theoretical foundation for both civil and criminal litigation. * Ronald J. Allen, 27 Law & Philosophy (2008) *Without sharing all positions of Prof. Stein ... one has to salute the effort accomplished to prevent the law of evidence from oozing away in the lazy folds of the Cartesian spirit. * Rafael Encinas de Munagorri, 2-2007 Revue Internationale de Droit Compare 457 (in French) *Alex Stein may be the Ronald Dworkin of evidence law. Foundations of Evidence Law ... offers an alternative to Bentham's influential evidentiary views...Like Dworkin's theory of law generally, Stein attempts to locate and justify the law of evidence within the domain of political morality, that is, to legitimate and justify the coercive state authority that the law of evidence helps to initiate. [The] "foundations" that Stein articulates seek to describe and explain... Anglo-American evidentiary practices in light of a few broad principles that in turn justify the practices in terms of political morality...a significant book [that] offers unique and powerful arguments regarding virtually every important evidentiary issue, and it pushes the debates regarding these issues forward. * Michael S. Pardo in 5(2) International Commentary on Evidence (2007) *Foundations of Evidence Law ... represents an important first attempt to base evidence doctrine on something more than armchair psychology, to provide a justification for and conceptual unity to what has hitherto been regarded as an incoherent patchwork of historical hangovers from outdated assumptions about fact-finding, and to make clear the value of probability theory. As such, it deserves to be read and engaged with by all evidence scholars, whether interested in evidence law alone or more widely in the processes of proof. * Donald Nicolson, Legal Studies *...Although this book contains much that is challenging and controversial, there can be little doubt that it is one of the most significant and stimulating monographs on evidence law to have been published in recent years. * Roderick Bagshaw, Law Quarterly Review 168, 172, 2007 *[Foundations of Evidence Law] attempt[s] the monumental task of combining the contributions of the New Evidence Scholarship with those of doctrinal evidence lawyers and those who see evidence as encapsulating social values. Even works of partial synthesis are rarely encountered, and so Stein is to be congratulated on not only making an attempt to square the whole circle, but on making such a credible attempt. ... Stein has provided us with an extremely thoughtful and thought-provoking theory of evidence law. Both his objective and his conclusions are bold, and the reader is forced at every stage in the argument to consider whether she accepts the line that Stein takes, and why. Even if one does not accept that Stein's theory is uniquely correct, it is difficult not to accept that it is at least valid. * Deirdre M. Dwyer, 5 Law, Probability and Risk 75 at 79 & 85 (2006). *Table of ContentsACKNOWLEDGEMENTS ; PREFACE ; I. GROUNDWORK ; II. EPISTEMOLOGICAL COROLLARY ; III. UNDERSTANDING THE LAW OF EVIDENCE THROUGH PARADOXES OF RATIONAL BELIEF ; IV. EVIDENCE LAW: WHAT IS IT FOR? ; V. COST-EFFICIENCY ; VI. ALLOCATION OF THE RISK OF ERROR IN CRIMINAL TRIALS ; VII. ALLOCATION OF THE RISK OF ERROR IN CIVIL LITIGATION

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Book SynopsisHow foreign law is established, and whether it must be relied upon at all, are central issues in private international law, with important implications in principle and in practice. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish the content of foreign law the object of that process is undermined. The cost and unpredictability of establishing foreign law also have an important impact on litigation, affecting the parties'' choice of forum, and how cases are argued and decided. This book, the first detailed examination of the topic in English law, is an account of the pleading and proof of foreign law from an English perspective, which also places the law in a comparative context, and considers options for reform. It provides a practical guide to the subject, but also presents the conflicts process in a way which is both novel and illuminating. Recognized as the leading account ofTrade Reviewa most important contribution to a gradual approximation of common law and civil law approaches to the subject * Professor Erik Jayme, Professor of Law, University of Heidelberg and President of the Institut de Droit International *Oxford University Press are to be warmly congratulated on promoting a series of specialist monographs in Private International Law ... nearly 350 pages of balanced and detailed text ... As one would expect from Oxford University Press the work is handsomely produced with detailed footnotes containing full references to common law and civil law jurisdictions ... The volume will benefit any lawyer with a case involving foreign law ... this book can be read with profit and pleasure by all ... a timely, readable and absorbing book which is likely to become the specialist text on this particular topic ... this volume will be cited regularly in the courts and will find a place in all university law libraries. Mr Fentiman has made a valuable contribution to the literature of private international law with this specialist monograph. * Legal Update, 1999 ( reviewer not named) *This book is a much-needed addition to the slowly developing stock of modern, scholarly writings about the nature and theory of conflict laws from the English standpoint ... the work will be read with interest and enlightenment by academics and practitioners alike ... thanks to Fentiman, those curious to discover these matters can set about doing so, and at the same time they will be pleasantly surprised to discover some promising indications that the law is at last destined to enter upon a phase of reformulation in consequence of recent developments ... The ten chapters of Fentiman's book together provide a challenging, and tautly argued, account of the law that is properly critical of its illogical and absurd aspects ... a fascinating period of evolution is in prospect ... the current text provides ample inspiration, and intellectual sustenance, for those who aspire to play an active part in that process. * Ian Fletcher, The Law Quarterly Review, Vol 115, July 1999 *"A book of remarkable wealth", Horatia Muir Watt, Revue Critique - January-March 1999Any writer touching on English law owes a very great debt to Richard Fentiman. * James McComish, Melbourne University Law Review *This is a monograph of rare quality which will have a considerable impact on our understanding of its subject, and so both on teaching and practice. * David McLean, British Yearbook of International Law *Table of ContentsI INTRODUCTION ; II LEGAL RISK AND MULTISTATE TRANSACTIONS ; III THE LAWS GOVERNING MULTISTATE LITIGATION ; IV COMMENCING PROCEEDINGS ; V PREVENTING PROCEEDINGS ; VI RECOVERY AND ENFORCEMENT

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Book SynopsisFor many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as juTrade ReviewThis book has, according to the authors, 'the modest aim of introducing readers to some of the main processes for the settlement of international disputes'. It does so admirably. * Matthew Happold, NLR 2000. *The chapter on the International Court of Justice ... is extremely thorough ... it provides the best introduction to the Court that this reviewer knows of an the comprehensive footnotes go to to point the way to further reading on the subject. * Matthew Happold, NLR 2000. *a useful introduction to procedural issues in arbitrations ... this is a thorough and comprehensive work, covering much ground in a very clear manner. It is particularly well footnoted, something of especial importance, in this reviewer's opinion, in an introductory work. In this reviewer's mind it is much the best introductory work on the subject ... it seems likely that it will become I^the textbook for courses on international litigation and the settlement of international disputes. * Matthew Happold, NLR 2000. *a valuable addition to the literature on dispute settlement ... will appeal to ... students of international law and international relations, and practitioners seeking easily accessible information about the role and function of the various means of dispute resolution. * Christian Tams, European Journal of International Law Vol 11 No 3 2000 *Table of ContentsPART I: INSTITUTIONS; PART II: PROCEDURE; ANNEXES

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Book SynopsisContemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a ''government of the people, by the people and for the people'' is usually expressed through elections and electoral representation in parliaments.Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged ''democratic deficit'' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making.Trade Review"The strength of the book is in its detailed examination of what still largely remains at least from the perspective of deliberative theory a black box: the internal processes of constitutional courts. Mendes is more of a systematizer and presenter of taxonomies than a purveyor of simple answers. His language waxes metaphorical, even sometimes lyrical. By asking the questions he does, Mendes encourages us to probe the roles and possibilities of deliberation on multi-member courts." * Ron Levy, Brazilian Political Science Review *"Overall, the monograph provides a welcome insight into the omissions in wider challenges faced by scholarship concerning "good" constitutional courts in democracies. Given the diversity in both institutional set ups and legal cultures, future work in this area will require an empirical turn." * Hayley Hooper, Law Quarterly Review *Constitutional Courts and Deliberative Democracy is an inestimable contribution to explain what a 'forum of principle' or a 'dialogue' between powers entail and to provide a critical account of the ethical virtues, the facilitators, the legal constraints, and the political circumstances of judicial deliberation." * Thomas Bustamante , Modern Law Review *Table of ContentsINTRODUCTION

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Book SynopsisThe dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood tTrade ReviewHo's book A Philosophy of Evidence Law is an important contribution to this emerging body of literature at the interface between evidence scholarship and philosophy. This monograph is an excellent exemplar of this kind of interdisciplinary work, as it combines a deep understanding of the law of evidence with rigorous philosophical analysis, and it succeeds in showing the relevance of abstract theory to the detailed study of evidence rules and legal problems. The book is also to be commended for its breath of analysis, for it examines evidence rules of both criminal and civil law in several common law jurisdictions, with a foray into international law and continental law. * Amaya, Amalia (2009) "The Ethics of Trial Deliberation: Moral Agency in Legal Fact-Finding," International Commentary on Evidence: Vol. 7 : Iss. 2, Article 2 *Ho is admirably clear and eloquent in patiently setting out his stall and defending his thesis...It is compellingly written, and arguments are carefully cross-referenced. As a normative critique of the law of evidence, it deserves to take its place alongside recent well-known works such as Alex Stein's Foundations of Evidence Law...and Larry Laudan's Truth, Error, and Criminal Law...A Philosophy of Evidence Law: Justice in the Search for Truth is an impressive work of scholarship. * Andrew L-T Choo, The Edinburgh Law Review, Volume 13, 2009 *In summary the book embodies vast learning, makes many acute points, and in so doing has driven some of the piles preparatory to the task of bridging the gap between theory and practice in the law of evidence. * Professor Colin Tapper, Law Quarterly Review, 2009 *Ho's book is important and well worth study by evidence scholars and others interested in the morality and epistemology of legal fact-finding. * William E. O'Brian Jr, The Modern Law Review 72 (1) *This is a scholarly, well-researched and thought provoking work, providing an excellent introduction to the theoretical underpinnings of evidence law. * Andrew C. Stumer, International Commentary on Evidence, Vol 6, Issue 1 *Ho has written an erudite and timely text that lawyers and judges ought to consider reading to enhance the proper working of the judicial system, especially in the age of digital evidence * Stephen Mason, ICLQ, Vol 58 *Table of Contents1. Fact-Finding ; 2. Truth, Justice, and Justification ; 3. Epistemology of Legal Fact-Finding ; 4. Standard of Proof ; 5. Hearsay ; 6. Similar Fact Evidence

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Book SynopsisThis clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely: (i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgments recognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed Hague Convention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and techniTrade ReviewThe preclusive effect of foreign judgments in international law is a veritable minefield for lawyers. But given the exponential rise in transnational litigation in recent years, it is a subject which more and more practitioners are having to come to grips with. This book promises to be a formidable weapon in the armoury of such practitioners. ... attempts to unravel many of the mysteries surrounding this branch of the law. * Journal of the Commonwealth Lawyers' Association 2001 *The series of Oxford monographs in private international law is producing some innovative titles, frequently in areas that have not been covered previously in texts of such depth. Dr Barnett's work is a welcome addition to the series, and is in many ways groundbreaking. ... deals with the complex questions which arise when the doctrines of res judicata and abuse of process are applied to foreign judgements. It will be a valuable addition to the library of the international commercial lawyer. * New Law Journal, 15 Feb 2002 *This is another excellent contribution to the Oxford Monographs in Private International Law. The academic community of private international lawyers, not to mention those in the real world of legal practice and judges, owe a debt of gratitude to Peter Carter QC for taking the initiative to found this series and to edit it. this is a very thoroughly researched book on a difficult topic that adds to our knowledge of the effects of foreign judgments. * Law Quarterly Review, 1 Apr 2002 *a welcome addition to the [Oxford monographs in private international law] series, and ... in many ways ground breaking ... It will be a valuable addition to the library of the international commercial lawyer. * Gavin McFarlane, New Law Journal, February 2002 *Table of ContentsI: INTRODUCTION ; II: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND AT COMMON LAW OR UNDER RELATED STATUTORY SCHEMES ; III: THE PRECLUSIVE EFFECTS OF FOREIGN JUDGMENTS RECOGNISED IN ENGLAND UNDER INTERNATIONAL CONVENTIONS ; IV: CONCLUSION

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Book SynopsisThis collection of materials is concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the use of different theories of probability in legal reasoning.Table of ContentsPreface ; Table of Works Represented, with Abbreviations Used ; Evidence, Proof, and Facts: Introductory Essay ; 1. The Concept of Evidence and the Law of Evidence ; SECTION 1: WHAT IS EVIDENCE? ; Bentham, Rationale ; Schum, Foundations ; SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE ; Thayer, Preliminary Treatise ; Holdsworth, History ; Twining, Rethinking Evidence ; SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED? ; Bentham, Rationale ; Stephen, Report ; SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM ; Twining, Theories ; 2. Logic and Rhetoric ; SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM ; Aristotle, Topics ; Aristotle, Prior Analytics ; Mill, System ; SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD ; Bacon, Novum Organum ; Hume, Enquiry ; Schum, Foundations ; SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE ; Schmidt, The Influence of the Legal Paradigm on the Development of Logic ; Mill, System ; SECTION 4: LOGICAL FALLACIES ; Mill, System ; SECTION 5: DIALECTIC AND RHETORIC ; Aristotle, The Art of Rhetoric ; Plato, Gorgias ; Plato, Phaedrus ; 3. Judicial Reasoning About Facts ; SECTION 1: RELEVANCE ; Stephen, Digest ; US Federal Rule of Evidence 401 ; Bentham, Rationale ; Schum, Foundations ; Keynes, Treatise ; SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE ; Bentham, Rationale ; SECTION 3: THE PROCESS OF JUDICIAL REASONING ; Thayer, Preliminary Treatise ; Wigmore, Science ; SECTION 4: PROBATIVE VALUE AND WEIGHT ; Bentham, Rationale ; Keynes, Treatise ; SECTION 5: GENERALIZATIONS ; Hume, Enquiry ; Bentham, Rationale ; Mill, System ; 4. Causation ; SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT ; Aristotle, Physics ; Locke, Essay ; Hume, Treatise ; Hume, Enquiry ; Mill, System ; SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE ; Hart and Honore, Causation ; Schum, Foundations ; SECTION 3: LEGAL APPLICATIONS OF CAUSATION ; Hart and Honore, Causation ; 5. The Standard of Proof ; SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF ; Cohen, The Probable and the Provable ; SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE ; Rhesa Shipping Co SA v. Edmunds (The Popi M) ; T.N.T. Management Pty. Ltd. v. Brooks ; Cohen, The Probable and the Provable ; SECTION 3: PROOF BEYOND REASONABLE DOUBT ; Shapiro, Beyond Reasonable Doubt ; Cohen, The Probable and the Provable ; SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF ; Kaplan, Decision Theory and the Factfinding Process ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; 6. Theories of Probability ; SECTION 1: PROBABILITY THEORIES GENERALLY ; Locke, Essay ; Hume, Treatise ; Bentham, Rationale ; Keynes, Treatise ; SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY ; Keynes, Treatise ; Eggleston, Evidence, Proof, and Probability ; SECTION 3: THE PRINCIPLE OF INDIFFERENCE ; Cohen, Introduction ; 7. Probability: Issues of Mathematics ; SECTION 1: MATHEMATICAL PROBABILITY CALCULUS ; Mill, System ; Schum, Foundations ; Cohen, Introduction ; SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE ; Schum, Foundations ; Bayes, Essay ; SECTION 3: MATHEMATICS IN THE COURTROOM ; People v. Collins ; R v. Adams (No. 2) ; 8. Probability: Mathematical and Non-Mathematical Models ; SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS ; Mill, System ; Keynes, Treatise ; Cohen, Introduction ; Cohen, The Probable and the Provable ; SECTION 2: PASCAL OR BACON? THE GREAT DEBATE ; Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process ; Kaye, The Laws of Probability and the Laws of the Land ; 9. Alternative Epistemologies of Evidence ; SECTION 1: CHANCE AND ACAUSAL CONNECTIONS ; Aristotle, Physics ; Mill, System ; SECTION 2: THE OLDER MODES OF PROOF ; Holdsworth, History ; Hammurabi, Code ; Manu, Laws ; Supakar, The Law of Evidence in Ancient India ; SECTION 3: A WOMAN'S PERSPECTIVE ; Harmon, Etchings on Glass ; APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE ; Wigmore, The Problem of Proof ; APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS ; Index

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Book SynopsisProvides an account of the law, practice, and procedure governing bail at every stage. This book includes the relevant legislation and procedural rules, case law, and also offers guidance on ethics as well as research findings in this area. It also takes account of the major changes introduced by the Criminal Justice Act.Trade Review...No one actively practising or otherwise seriously concerned with the English criminal law can hope to survive without it...it cannot be too highly praised for it's thorough and indeed exhaustive exploration of the intricacies as well as the principles of it's subject...their job is to set out and comment upon the law as it is. They have done their job splendidly and we are all in their debt.Table of ContentsIntroduction ; 1. The Right to Bail ; 2. Surety and Security ; 3. Conditions other than Surety or Security ; 4. Failing to Surrender and Breaching Conditions ; 5. Renewed Applications for Bail ; 6. Police Bail ; 7. The Jurisdiction of the Magistrates' Court ; 8. The Jurisdiction of the Crown Court ; 9. Bail Pending Appeal ; 10. The Jurisdiction of the High Court ; 11. Vulnerable Suspects and Defendants ; 12. Custody Time Limits ; 13. The Role and Duties of the Advocate on Matters of Bail ; Appendix

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Book SynopsisUnder the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

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Trade Review"By a skillful use of comparative materials, Damaska gives many insights into the forces that have shaped the way evidence is handled in common law and civil law systems."—Arthur T. von Mehren"A masterly, thought-provoking, and persuasive explanation of the distinctive features of common law evidence and their modern erosion, by the world's leading scholar on comparative common law and civil law evidence. Damaska's constant, balanced comparisons to Continental procedure will give common law readers a fresh and valuable perspective on their system of evidence law. This lucid book will be widely influential. Every evidence scholar should buy it, and I would also recommend it to anyone interested in comparative trial procedure."—Roger C. Park

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Book SynopsisThis book explores some of the most glaring misunderstandings about the U.S. Supreme Court-and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.Trade ReviewThis book is well-written, and tells background stories about several cases that may be of interest to students and some professors. . . . Supreme Myths may be a good book for undergraduates studying American government, judicial process, or constitutional law. Summing Up: Recommended. * Choice *Table of ContentsPreface Acknowledgments Prologue 1 Supreme Mythology 2 Marbury v. Madison and the Birth of Judicial Review 3 Racial Discrimination: Dred Scott, Plessy, and the Reconstruction Amendments 4 The Economy 5 Abortion 6 Guns 7 Affirmative Action 8 Freedom of Religion 9 Proposals 10 Conclusion Epilogue Notes Index

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Book Synopsis#1 NATIONAL BESTSELLER • A “searching and emotionally intimate memoir” (The New York Times) told with a candor never before undertaken by a sitting Justice. This “powerful defense of empathy” (The Washington Post) is destined to become a classic of self-invention and self-discovery. The first Hispanic and third woman appointed to the United States Supreme Court, Sonia Sotomayor has become an instant American icon. In this story of human triumph that “hums with hope and exhilaration” (NPR), she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself.Here is the story of a precarious childhood, with an alcoholic father (who would die when she was nine) and a devoted but overburdened mother, and of the refuge a little girl took from the turmoil at home with her passionately spirited paternal grandmother. But it was when she was diagnosed with juvenile diabetes that the precocious Sonia recognized she must ultimately depend on herself. She would learn to give herself the insulin shots she needed to survive and soon imagined a path to a different life. With only television characters for her professional role models, and little understanding of what was involved, she determined to become a lawyer, a dream that would sustain her on an unlikely course, from valedictorian of her high school class to the highest honors at Princeton, Yale Law School, the New York County District Attorney’s office, private practice, and appointment to the Federal District Court before the age of forty. Along the way we see how she was shaped by her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America’s infinite possibilities are envisioned anew in this warm and honest book.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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