Legal systems: courts and procedures Books

Book SynopsisIn 1998, an Asian woman first joined the ranks of federal judges with lifetime appointments. It took ten years for the second Asian woman to be appointed. Since then, however, over a dozen more Asian women have received lifetime federal judicial appointments. This book tells the stories of the first fifteen. In the process, it recounts remarkable tales of Asian women overcoming adversity and achieving the American dream, despite being the daughters of a Chinese garment worker, Japanese Americans held in internment camps during World War II, Vietnamese refugees, and penniless Indian immigrants. Yet The First Fifteen also explores how far Asian Americans and women still have to go before the federal judiciary reflects America as a whole. In a candid series of interviews, these judges reflect upon the personal and professional experiences that led them to this distinguished position, as well as the nerve-wracking political process of being nominated and confirmed for an Article III judgeship. By sharing their diverse stories, The First Fifteen paints a nuanced portrait of how Asian American women are beginning to have a voice in determining American justice.Trade Review"The history and stories captured by Susan Oki Mollway not only preserve an important history of Asian American women in the federal judiciary, but also hopefully encourage more Asian American and other women to put themselves forward for nomination by demystifying the process. The book explores the fascinating back stories of these amazing women beyond their official bios." -- Karen K. Narasaki * civil and human rights leader and former Commissioner on the U.S. Commission on Civil Rights *“At a time when the importance of having federal judges with diverse life experiences and perspectives never has been more apparent, Susan Oki Mollway’s accounting of the paths followed by our nation’s first fifteen Asian American and Pacific Islander women judges is especially illuminating. In granular detail, it describes the attributes, talents and circumstances that enabled each of its subjects to overcome barriers and become a leader in the federal judiciary.” -- Hon. Jeremy Fogel (ret) * Executive Director, Berkeley Judicial Institute, Berkeley Law School and Former Director, Federal Judicial Center *“The First Fifteen shares the powerful narratives of the first Asian American women to become Article III judges, with a focus on their pathways to the federal bench. Through meticulous and thoughtful analysis, Susan Oki Mollway goes far beyond biography to also suggest common background and character traits, reflect on diversity in the judiciary, and recognize the external forces that contributed to their success. The First Fifteen should be required reading for everyone interested in federal courts, issues of diversity, gender studies, and Asian Americans.” -- Meera Deo * Professor of Law, Southwestern Law School, and author of Unequal Profession: Race and Gender in Legal Academia *"Interview: Judge Susan Oki Mollway (’20) on her Duke Law thesis becoming a book" * Duke Law: Bolch Judicial Institute *"The history and stories captured by Susan Oki Mollway not only preserve an important history of Asian American women in the federal judiciary, but also hopefully encourage more Asian American and other women to put themselves forward for nomination by demystifying the process. The book explores the fascinating back stories of these amazing women beyond their official bios." -- Karen K. Narasaki * civil and human rights leader and former Commissioner on the U.S. Commission on Civil Rights *“At a time when the importance of having federal judges with diverse life experiences and perspectives never has been more apparent, Susan Oki Mollway’s accounting of the paths followed by our nation’s first fifteen Asian American and Pacific Islander women judges is especially illuminating. In granular detail, it describes the attributes, talents and circumstances that enabled each of its subjects to overcome barriers and become a leader in the federal judiciary.” -- Hon. Jeremy Fogel (ret) * Executive Director, Berkeley Judicial Institute, Berkeley Law School and Former Director, Federal Ju *“The First Fifteen shares the powerful narratives of the first Asian American women to become Article III judges, with a focus on their pathways to the federal bench. Through meticulous and thoughtful analysis, Susan Oki Mollway goes far beyond biography to also suggest common background and character traits, reflect on diversity in the judiciary, and recognize the external forces that contributed to their success. The First Fifteen should be required reading for everyone interested in federal courts, issues of diversity, gender studies, and Asian Americans.” -- Meera Deo * Professor of Law, Southwestern Law School, and author of Unequal Profession: Race and Gender in Lega *"Interview: Judge Susan Oki Mollway (’20) on her Duke Law thesis becoming a book" * Duke Law: Bolch Judicial Institute *Table of ContentsList of Abbreviations Introduction Part One: Context 1. Diversity in the Federal Judiciary 2. Bridging the Gap Part Two: The Asian Woman Federal Judges 1. Susan Oki Mollway (D. Haw.) (1998) 2. Kiyo A. Matsumoto (E.D.N.Y.) (2008) 3. Jacqueline Hong-Ngoc Nguyen (C.D. Cal.) (2009), (9th Cir.) (2012) 4. Dolly Maizie Gee (C.D. Cal.) (2010) 5. Lucy Haeran Koh (N.D. Cal.) (2010) 6. Leslie Emi Kobayashi (D. Haw.) (2010) 7. Cathy Bissoon (W.D. Pa.) (2011) 8. Miranda Mai Du (D. Nev.) (2012) 9. Lorna Gail Schofield (S.D.N.Y.) (2012) 10. Pamela Ki Mai Chen (E.D.N.Y.) (2013) 11. Indira Talwani (D. Mass.) (2014) 12. Jennifer Choe-Groves (Ct. Int’l Trade) (2016) 13. Karen Gren Scholer (N.D. Tex.) (2018) 14. Jill Aiko Otake (D. Haw.) (2019) 15. Neomi Jehangir Rao (D.C. Cir.) (2019) 16. Continuing Growth Part Three: Analyzing the Data 1. Timing of Growth 2. Demographic Factors A. Particular Asian Ethnicities B. Immigrant or Child of Immigrant C. Geography D. Age E. Family Structure and Parents’ Varied Professions F. Political Affiliation G. Type of Career H. Summarizing the Demographic Characteristics 3. Attitudinal Factors A. Reliance on Encouragement B. Indefatigable Nature 4. Why Aren’t These Other Asian Women Article III Judges? A. Women Who Opted Not To Apply B. Women Who Applied But Were Not Nominated Conclusion Acknowledgements Notes Bibliography Index

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Book SynopsisThis work paints a dark picture of Justice Holmes as a distasteful man who, among other things, espoused Social Darwinism, favoured eugenics, and as he himself acknowledged, came "devilish near to believing that might means right".Trade Review"An exuberantly and entertainingly polemical attack on the character, scholarship and philosophy of America's most revered judicial saint." - Jeffrey Rosen, New York Times Book Review "[This] slender volume by a distinguished University of Chicago law professor should be required reading." - Tom Roeser, Chicago Sun-Times; "In a lively and entertaining attack, Albert Alschuler strips layer after layer from the traditional image of Holmes to reveal not a wise and compassionate liberal saint, but a heartless social Darwinist who believed in nothing but power. [H]is dissection of Holmes's legal scholarship is devastating." - The Economist

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Book SynopsisDonald Downs offers an analysis of the injustices behind the logic of battered woman syndrome, concluding that this very logic harms those it is trying to protect. This work seeks to rethink the criminal justice system.

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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 SynopsisFor more than fifty years, TheSupreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.

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Book SynopsisSometimes the outcome of a legal case can depend upon sensory evidence known only to the person who experiences it, such as the buzzing sound heard by a plaintiff who suffers from tinnitus as the alleged result of an accident. Increasingly lawyers, litigants, and expert witnesses are attempting to re-create these sensations in the courtroom, using new digital technologies to offer evidence that purports to simulate litigants' subjective experiences and thus to help jurors know not merely know about what it is like to be inside a litigant's mind. But with these advances in courtroom evidentiary practice comes a host of questions: Can anyone really know what it is like to have another person's perceptual experiences? Why should courts admit these simulations as evidence? And how might these simulations alter the ways in which judges and jurors do justice? In Experiencing Other Minds in the Courtroom, Neal Feigenson turns the courtroom into a forum for exploring the profound philosophical, psychological, and legal ramifications of our efforts to know what other people's conscious experiences are truly like. Drawing on an array of disciplines from cognitive psychology to media studies and science and technology studies, Feigenson harnesses real examples of digitally simulated subjective perceptions to tease out the ways in which the epistemological value of this evidence is affected by who creates it, how it is made, and how it is presented. Through his close scrutiny of the different kinds of simulations and the different knowledge claims they make, Feigenson is able to suggest best practices for how we might responsibly incorporate such evidence in the courtroom, thereby improving the quality of justice for all.

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Book SynopsisMy name will survive as long as man survives, because I am writing the greatest diary that has ever been written. I intend to surpass Pepys as a diarist.When John Frush Knox (1907-1997) wrote these words, he was in the middle of law school, and his attempt at surpassing Pepyspart scrapbook, part social commentary, and part recollectionhad already reached 750 pages. His efforts as a chronicler might have landed in a family attic had he not secured an eminent position after graduation as law clerk to Justice James C. McReynoldsarguably one of the most disagreeable justices to sit on the Supreme Courtduring the tumultuous year when President Franklin D. Roosevelt tried to pack the Court with justices who would approve his New Deal agenda. Knox's memoir instead emerges as a record of one of the most fascinating periods in American history. The Forgotten Memoir of John Knoxedited by Dennis J. Hutchinson and David J. Garrowoffers a candid, at times naïve, insider's view of the showdown bet

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Book SynopsisIn 1998 the United States Department of Justice and state antitrust agencies charged that Microsoft was monopolizing the market for personal computer operating systems. This book traces the development of the case from its conceptual origins through the trial and the key decisions on both liability and remedies.Trade Review"This book will become the gold standard for analysis of the monopolization cases against Microsoft.... No serious student of law or economic policy should go without reading it." - Thomas C. Arthur, Emory University "An excellent, detailed summary of the U.S. legal issues in the Department of Justice prosecution of Microsoft.... Highly recommended." - Choice"

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Book SynopsisSince it first appeared in 1960,The Supreme Court Review(SCR) has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. SCR is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. SCR is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists. This year's volume features prominent scholars assessing major legal events, including: Mark Tushnet on President Trump's Muslim Ban Kate Andrias on Union Fees in the Public Sector Cass R. Sunstein on Chevron without Chevron Tracey Maclin on the Fourth Amendment and Unauthorized Drivers Frederick Schauer on Precedent Pamela Karlan on Gay Equality and Racial Equality Randall Kennedy on Palmer v. Thompson Lisa Marshall Manheim and Elizabeth G. Porter on Voter Suppression Melissa Murray on Master

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Book SynopsisOliver Wendell Holmes, Jr, has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters Richard Posner reveals the fullness of Holmes' achievements as judge, historian and philosopher.

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Book SynopsisIn the former Eastern Bloc countries, one aspect of the transition to democracy has been the establishment of constitutional justice and the rule of law. This text chronicles and analyzes the rise of constitutional courts in this changing region.Trade Review"Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book.... [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis." - James L. Gibson, Law and Politics Book Review

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Book SynopsisA full-scale history, analysis and critique of the new sentencing regime is examined in this text, showing how the present system has burdened the courts, dehumanized the sentencing process and by repressing judicial discretion, eroded the constitutional balance of powers.Table of ContentsPreface Introduction Ch. 1: Sentencing Reform in Historical Perspective Ch. 2: The Invention of the Sentencing Guidelines Ch. 3: Judging under the Federal Sentencing Guidelines Ch. 4: The Battle Cry of Disparity Ch. 5: Prospects for the Future A: Sentencing Table of the United States Sentencing Guidelines B: "Relevant Conduct" Guideline C: The Complexity of Criminal History D: How Sentencing Works Notes Bibliography Index

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Book SynopsisArguing that lawyers need to share more power with the judge and jury, this study recommends ways in which the basic adversarial system can be retained and improved. It examines the power the attorneys had over the court in the O.J. Simpson case and sheds light on the trial system's weaknesses.Table of ContentsAcknowledgments Preface Ch. 1: The Battle of Champions Ch. 2: An Adversary Society Ch. 3: How Much Justice Can You Afford? Ch. 4: The Verdict on Juries Ch. 5: Can Lawyers Lie? Truth, Justice, and Advocacy Ethics Ch. 6: Alternative Dispute Resolution, the Expanded Version Ch. 7: A Blueprint for Reform Selected Bibliography Index

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Book SynopsisTable of ContentsREADING REGENTS AND THE POLITICAL SIGNIFICANCE OF LAW Cristina M. Rodríguez NOT IN THE ROOM WHERE IT HAPPENS: ADVERSARINESS, POLITICIZATION, AND LITTLE SISTERS OF THE POOR Martha Minow THE UNITARY EXECUTIVE: PAST, PRESENT, FUTURE Cass R. Sunstein and Adrian Vermeule LIVING TEXTUALISM Cary Franklin SEXUAL ORIENTATION AND THE DYNAMICS OF DISCRIMINATION David A. Strauss “NOT A SINGLE PRIVILEGE IS ANNEXED TO HIS CHARACTER”: NECESSARY AND PROPER EXECUTIVE PRIVILEGES AND IMMUNITIES Saikrishna Bangalore Prakash WHY RESTRICT ABORTION? EXPANDING THE FRAME ON JUNE MEDICAL Reva B. Siegel ON POWER AND THE LAW: MCGIRT V. OKLAHOMA Maggie Blackhawk ADVOCACY HISTORY IN THE SUPREME COURT Richard J . Lazarus

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Book SynopsisTrade Review"Elaine Craig offers a compelling, timely, and empirically rigorous indictment of Canadian legal professionals for their collective failure to act lawfully and ethically towards complainants in sexual assault cases." Canadian Journal of Law & Society"This thorough and convincing book should be required reading for students and practitioners of criminal law and for the law societies that govern professional conduct. It will be a useful resource for feminists concerned about the treatment of women in sexual assault trials and the psychology professionals who deal with the aftermath suffered by victims." Quill & Quire"Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession - a rigorous and damning indictment of the justice and legal systems' handling of sexual-assault cases in Canada - was finished before the #MeToo and #TimesUp movements seized national headlines. But it is arguably now more relevant than ever. For actors in and outside the legal profession, there is no shortage of answers in Craig's excoriating study. This book will undoubtedly generate controversy as it delivers a verdict upon the Canadian legal system: guilty." The Globe and Mail

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Book SynopsisWhat kinds of stories win cases, and why? Drawing on trial transcripts and appellate court opinions in civil adultery cases, and on literary examples from Mark Twain, E.D.E.N Southworth, Harriet Beecher Stowe and others, Laura Korobkin sheds new light on the intersections of gender, genre, law and story.Trade ReviewRecommended... for its impressive clarity, incisive analysis, mastery of sources, and timeliness. -- E. Nettels, College of William and Mary Choice In the course of this interesting mix of methodologies and historical time periods, Korobkin makes fascinating suggestions about the impacts of women's sentimental (domestic) fiction on popular and legal rhetoric of the time. College EnglishTable of ContentsIntroduction and Historical Foundation Prologue: Telling Stories in the Courtroom Criminal Conversation and the Conversational Process of the Law The Transformative Magic of Legal Fictions: The Suppression of Sex in Early English Civil Adultery Cases Theodore Tilton v. Henry Ward Beecher: Criminal Conversation, 1875 Prologue: Crisis of Confidence in the Courtroom The Maintenance of Mutual Confidence: Sentimental Strategies at the Beecher-Tilton Trial Silent Woman, Speaking Fiction: The "ministry of Catherine Gaunt" at the Beecher-Tilton Trial Female-Plaintiff Criminal Conversation Cases: Rewriting the Law's Story of Marriage Prologue: Four Cases Rethinking the Law's Story of Marriage: The Bonds of Sentiment Consequences of Change: The Sexually Passive Husband and the Erotically Autonomous Wife

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Book SynopsisBeyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region's large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes tTrade Review"Matthew Ingram and Diana Kapiszewski persuasively set out to design a new agenda in the study of judicial institutions in Latin America. The volume is aimed at political science students and those particularly interested in institutional configuration and design. It will also appeal to scholars and students of comparative law and other social science fields, because it provides rich descriptions and background information about little understood judicial institutions." —Lydia Brashear Tiede, University of Houston"As is true in most of the democratic world, justice institutions in Latin America other than the Supreme Court are important yet understudied. Beyond High Courts: The Justice Complex in Latin America is an excellent contribution that helps address that lacuna." —Scott Mainwaring, Jorge Paulo Lemann Professor of Brazil Studies, Harvard Kennedy School"As a researcher and teacher in comparative judicial politics, it is exciting to see a new work on non-peak judicial institutions. Beyond High Courts: The Justice Complex in Latin America makes an important contribution to the field. The contributors address a clear set of questions across an array of judicial actors in Latin America. The volume contains comparative and single country case studies and helps to fill both empirical and theoretical gaps in the literature on comparative judicial politics." —Druscilla Scribner, University of Wisconsin, Oshkosh"The most important contribution of Beyond High Courts is shedding light on fascinating institutions that have received, quite undeservedly, little scholarly attention. In addition, these remarkable chapters offer interesting analytical and theoretical lessons. Readers from different disciplines that are interested in law and courts or socio-legal studies will find many gems in each chapter included within this edited volume." —Bulletin of Latin American Research

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Book SynopsisHow to repair the dysfunction at the Supreme Court in a way that cuts across partisan ideologiesTrade Review“Tang masterfully shows how overconfidence bias among U.S. Supreme Court justices has imperiled this once hallowed institution. A must read on where the Court went wrong, and how to fix it.”—Franita Tolson, author of In Congress We Trust?: Enforcing Voting Rights from the Founding to the Jim Crow Era“Tang’s important book explains that the Supreme Court’s errors often stem from its overconfidence. He offers an innovative solution: justices should pursue the outcome that is likely to cause the least harm.”—Erwin Chemerinsky, author of Worse than Nothing: The Dangerous Fallacy of Originalism“Aaron Tang has accomplished something extraordinary. He has written a smart and original book about how the Supreme Court should do its job. It is almost impossible to say something truly new about constitutional law that makes a contribution. Tang has done that with his least harm principle.”—Eric Segall, author of Originalism as Faith

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Book SynopsisHilarious, unbelievable-but-true stories from the American courts.

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Book SynopsisForensic Science in Court: The Role of the Expert Witness is a practical handbook aimed at forensic science students, to help them prepare as an expert witness when presenting their evidence in court. Written in a clear, accessible manner, the book guides the student through the legal process and shows them how to handle evidence, write reports without ambiguity through to the more practical aspects of what to do when appearing in court. The book also offers advice on what to expect when working with lawyers in a courtroom situation. An essential text for all students taking forensic science courses who are required to take modules on how to present their evidence in court. The bookis also an invaluable reference for any scientist requested to give an opinion in a legal context. Integrates law and science in an easy to understand format Inclusion of case studies throughout Includes straightforward statistics essential for the forensic science stTable of ContentsINTRODUCTION: Forensic science and the justice system. CHAPTER ONE: Where the law comes from: You don't mess about with The People. CHAPTER TWO: The legal system and how it works. The legal justification for expert witnesses. The structure of civil and criminal courts. Who sits and the correct form of address. The unusual: coroners courts, courts martial and human rights. CHAPTER THREE: Rules of evidence as they apply to expert witnesses. The expert as advocate. The expert as arbiter. Appointment of experts by disputing sides and by the court. CHAPTER FOUR: The first point of contact, dealing with solicitors. The written report, structure and content. CHAPTER FIVE: The expert in court. What makes an expert. What you will be expected to contribute to the of the court. How to make the most of your appearance in court. CHAPTER SIX: Statistics and statistical inferences. What traditional statistical methodology can and cannot tell us. The statistical nature of databases. Different types of databases: Anonymous and named. CHAPTER SEVEN: Ethical considerations for the forensic scientist. APPENDIX: Nomenclature for citing law reports. GLOSSARY OF COMMONLY USED TERMS AND PHRASES INDEX

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Book SynopsisThe leading resource on forensic practice The Psychologist as Expert Witness, Second Edition introduces practitioners to the law and the role of psychologists in the courtroom, covering all facets of forensic practice-one of the most rapidly growing areas of professional specialization.Table of ContentsComing of Age. Present and Future Roles of the Psychologist. The American Court System. Preparing to Serve as an Expert Witness. Admissibility. Psychological Tests in the Courtroom. Competency to Stand Trial, to Testify, and To Make Decisions. The Insanity Defense. Addiction and the Law. Domestic Issues: Marriage, Dissolution, and Custody. The Expert Witness and Personal Injury Litigation. Malingering, Deceit, and Exaggeration. Your Day in Court. Emerging Applications and Issues. Ethics, Constraints, Concerns, and Standards. Appendix A: Landmark Cases. Appendix B: Current Training in Psychology and the Law. Appendix C: Expert Witness Admissibility--Federal Rules of Evidence, 1993. Appendix D: Custody Evaluation Guidelines Recommended by the APA. Appendix E: Tables and Formulae for Comparing Military Test Performance with Current Test Results. Appendix F: Forensic Psychology Specialty Guidelines. Appendix G: Comparison of Neuropsychological Test Performance in Forensic and Non-Forensic Populations. Appendix H: Ethical Principles of Psychologists and Code of Conduct. Forensic Glossary. References. Author Index. Subject Index.

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Book SynopsisCourtroom proceedings offer the thrill of a sporting event and the drama of a stage production as lawyers match wits, grill witnesses, and introduce eleventh-hour elements that may upend the course of a trial. This title features the nation's best court reporters who discuss the most memorable cases over the years.

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Book SynopsisThe US Supreme Court exists to resolve constitutional disputes between the lower courts and the other branches of government. American law and society function more effectively when the Court resolves ambiguous questions of Constitutional law. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions.Trade ReviewThe author sets out to accomplish an ambitious task and, in my view, achieves that task. The phenomenon under investigation has not received sufficient attention in the extant literature and Matthew B. Hitt's treatment of it is both wide and deep."" - Wendy Martinek, Binghamton University

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Book SynopsisAnalyses transcripts for all district and circuit court confirmation hearings between 1993 and 2012. The authors find that the practice of confirmation hearings for district and circuit nominees provides an important venue in which senators can advocate on behalf of their policy preferences and bolster their chances of being reelected.Trade Review“An outstanding contribution to our understanding of both judicial and congressional politics. In addition to providing substantial insight into the selection of lower federal court judges, it is an excellent example of how to bridge the divide between quantitative and qualitative approaches to political science and law.” — Paul M. Collins Jr., University of Massachusetts, Amherst"This book offers a really interesting, in-depth exploration of lower federal court confirmation hearings and the goals of the senators participating in them. The authors illuminate in rich detail how senators pursue policy and electoral goals while also exercising their constitutional advise and consent function." —Amy Steigerwalt, Georgia State University

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Book SynopsisToday, all but one U.S. jurisdiction restricts a convicted felon's eligibility for jury service. Are there valid, legal reasons for banishing millions of Americans from the jury process? How do felon-juror exclusion statutes impact convicted felons, jury systems, and jurisdictions that impose them?Twenty Million Angry Menprovides the first full account of this pervasive yet invisible form of civic marginalization. Drawing on extensive research, James M. Binnall challenges the professed rationales for felon-juror exclusion and highlights the benefits of inclusion as they relate to criminal desistance at the individual and community levels. Ultimately, this forward-looking book argues that when it comes to serving as a juror, a history of involvement in the criminal justice system is an asset, not a liability. Trade Review"Not only is Twenty Million Angry Men, a quick read, but it is well written. The book reviews and contextualizes the most important scholarship that has been done on the subject of felon juror exclusion. . . . Much like the field of convict criminology, felon-juror research demonstrates how previously convicted people can make a positive contribution to understanding the subtleties of the criminal justice process that lay people often overlook." * British Journal of Criminology *"Scholars and activists need look no further than Binnall’s book for a powerful exposition of the flaws in felon-juror exclusions and compelling evidence that allowing felon-jurors to serve would enhance 'our purest form of civic engagement.'" * Law & Society Review *“Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System is a powerful title, and gives a useful preview of some of the emphases of this important book. James Binnall demonstrates the broad scope of this form of jury exclusion, unearths fascinating new material about the emotions of those involved, presents a multi-tiered argument for change, and shows, through his upfront ownership of the word ‘felon,’ that he is not going to shy away from exposing and tackling stigmatizing labels in this area of the law.” * Criminal Law and Criminal Justice Books *"This book will interest students and scholars of American jurisprudence, sociology of law, and desistance studies." * CHOICE *"Well organized and…tightly argued." * Critical Criminology *Table of ContentsAcknowledgments Introduction 1 • Framing the Issue 2 • Rotten to the Core? 3 • Honor Among Thieves 4 • Sequestering the Convicted: Part I 5 • Sequestering the Convicted: Part II 6 • Criminal-Desistance Summoned 7 • A Community Change Agent 8 • A Healthy Ambivalence Conclusion Epilogue Appendix A Appendix B Appendix C Notes References Index

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Book SynopsisTrade Review"Not only is Twenty Million Angry Men, a quick read, but it is well written. The book reviews and contextualizes the most important scholarship that has been done on the subject of felon juror exclusion. . . . Much like the field of convict criminology, felon-juror research demonstrates how previously convicted people can make a positive contribution to understanding the subtleties of the criminal justice process that lay people often overlook." * British Journal of Criminology *"Scholars and activists need look no further than Binnall’s book for a powerful exposition of the flaws in felon-juror exclusions and compelling evidence that allowing felon-jurors to serve would enhance 'our purest form of civic engagement.'" * Law & Society Review *“Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System is a powerful title, and gives a useful preview of some of the emphases of this important book. James Binnall demonstrates the broad scope of this form of jury exclusion, unearths fascinating new material about the emotions of those involved, presents a multi-tiered argument for change, and shows, through his upfront ownership of the word ‘felon,’ that he is not going to shy away from exposing and tackling stigmatizing labels in this area of the law.” * Criminal Law and Criminal Justice Books *"This book will interest students and scholars of American jurisprudence, sociology of law, and desistance studies." * CHOICE *"Well organized and…tightly argued." * Critical Criminology *Table of ContentsAcknowledgments Introduction 1 • Framing the Issue 2 • Rotten to the Core? 3 • Honor Among Thieves 4 • Sequestering the Convicted: Part I 5 • Sequestering the Convicted: Part II 6 • Criminal-Desistance Summoned 7 • A Community Change Agent 8 • A Healthy Ambivalence Conclusion Epilogue Appendix A Appendix B Appendix C Notes References Index

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Book SynopsisLanguage Crimes tells the story of some of the remarkable criminal court cases in which Roger Shuy has served as a consultant or expert witness. These intriguing cases show how linguistic analysis can help the courts unravel the ambiguities of taped conversations used in evidence.Trade Review"Roger Shuy's book explores some of the most fascinating trials in recent times. His use of linguistic analysis in hearings that involve crimes of language is stunningly creative and makes for gripping reading." Elizabeth Loftus, University of Washington "Dr Roger Shuy's Language Crimes is an important book. Through the use of materials taken from a series of actual criminal prosecutions, Shuy amply shows the value of sophisticated linguistics analysis for the proper interpretations of oral conversations recorded on electronic tape. Shuy's book, too, is easily read by those without a technical background in linguistics, as he keeps his use of professional jargon to the minimum. As such, Language Crimes should be read - and studied - by all those involved in investigating, prosecuting, defending, and judging in the administration of justice." G. Robert Blakey, The Notre Dame Law School Language Crimes is a clear and lively exposition of one linguist's important work in bringing the knowledge and skills developed by linguistics into the courtroom, where (as he demonstrates) they are badly needed."Robin Lakoff, University of California, Berkeley "An excellent work for the student, the lawyer, and the lingust who may not have explored this field at all. The field of Language and Law can truly be seen as having come of age when so prominent a scholar as Roger Shuy has brought forth so readable a volume." American Speech "A valualbe addition to the understanding of both linguists and lawyers of the contributions the work of the former can make to that of the latter."Book Reviews "Clear and readable book" Language in SocietyTable of ContentsForeword vi Introduction: New Directions xv 1. Misconceptions about Language in Law Cases 1 2. Bribery 20 3. Offering Bribes 43 4. Agreeing 66 5. Threatening 97 6. Admitting 118 7. Telling the Truth Versus Perjury 136 8. Promising 157 9. Asking Questions 174 10. On Testifying 200 Index 206

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Book SynopsisIn a learned and lively narrative discussing over 200 significant rulings, Lucas A. Powe, Jr. explores why the Supreme Court under Chief Justice Earl Warren was the most revolutionary and controversial Supreme Court in American history. Powe finds the Warren Court to be a functioning partner in KennedyJohnson liberalism.Trade ReviewMr. Powe describes himself as someone who 'worshipped' the Warren Court. Even so, he portrays it impartially as the super-legislature it often resembled—an outcome-directed body that rarely worried about constitutional theory or precedent… The court set into motion a philosophy of political activism—heedless of constitutional doctrine—that has become, for many judges ever since, almost a way of life. This cannot be a good thing, however much we might applaud some of the Warren court's rulings or the good intentions that lay behind them. Admirably, especially for someone still enthralled by the Warren Court, Mr. Powe seems to recognize this. -- Jay P. Lefkowitz * Wall Street Journal *[Powe's] book would be of considerable interest to students of the judiciary even if its sole virtue were the deftness with which Powe organizes and analyzes the unusually large number of important decisions that the Supreme Court rendered during the controversial tenure of Chief Justice Earl Warren. In this respect, Powe is deserving of comparison to such eminent chroniclers of the Court's history as Henry Abraham, Alfred Kelly, and Winfred Harbison. The book's purpose, however, is as ambitious as its scope… A comprehensive (and accessible) history of the Warren Court. -- Jeffrey D. Hockett * Jurist: Books-on-Law *An intriguing…history of the path-breaking, even revolutionary, court under Chief Justice Earl Warren in the 1950s and 1960s. Rarely for a constitutional scholar, Powe places the Warren court's most famous cases in their political context…[in] a colorful tale. The liberal Warren court's decisions on race, crime, religion, free speech and obscenity startled, delighted or outraged contemporaries and had a far-reaching impact on American politics and society. * The Economist *In an important book, Lucas A. Powe, Jr. argues that the familiar debate about the merits of the Warren Court is, in fact, wrong. Far from being a group of liberal judicial activists who imposed their views on an unwilling nation, Powe argues, the Warren Court was, for much of its tenure, remarkably deferential to the political branches… Powe persuasively argues that the most important decision of…[the Warren Court] can be justified as an effort to unclog, rather than to thwart, the expression of majority will. -- Jeffrey Rosen * New Republic *A thorough and enlightening [read]. -- Mary Carroll * Booklist *Professor Powe has written a masterful book, the best on the Supreme Court in a generation. Not only will it be seen as a definitive account of the Warren Court, but it will also be viewed as a seminal work on the U.S. Supreme Court. With this work, Powe stakes a powerful claim to be seen as the heir to Robert McCloskey. Powe has written in the best tradition of works at the intersection of law, political science, and history. Decision making in the Supreme Court depends on law, attitudes, personalities, contexts, and sometimes fortune. This book demonstrates this in a way that will seem exactly right to most students of the Court. Not since Walter Murphy's classic Elements of Judicial Strategy have we had a book that does this so elegantly and persuasively. -- H. W. Perry, author of Deciding to Decide: Agenda Setting in the United States Supreme CourtProfessor Powe, demonstrating total control of the legal and historical materials, illuminates how the Warren Court was deeply embedded in the culture and politics of its time, particularly the Kennedy–Johnson liberalism of the mid and late 1960s. In doing so, he has resuscitated a neglected and valuable tradition of the institutional analysis of public law and given us a deeper understanding of what lies ahead for America in the new millennium. -- Mark Yudof, University of MinnesotaWriting accessibly, and often irreverently, Powe locates the Warren Court within the major political movements of the era and convincingly refutes the notion that the Court was a forum of principle that ignored the political world outside its marble palace. Although there will undoubtedly be other treatments of the Court, Powe's ambitious and comprehensive survey establishes a very high threshold for any future historians to meet. -- Sanford Levinson, author of Written in Stone: Public Monuments in Changing SocietiesThis book makes an important contribution to our understanding of the Warren Court. Numerous scholars have asserted that Earl Warren and his fellow justices were deeply involved in politics and mindful of changing political currents, but L.A. Powe is the first to have demonstrated detailed connections between the legal opinions issued by Warren Court justices and contemporaneous political arguments made by members of Congress and the Executive branches. The Warren Court and American Politics represents a skillful blending of the techniques and concerns of legal scholars and political scientists, combined in a lively, at times riveting, narrative. -- G. Edward White, University of Virginia School of LawFinally we have a comprehensive, readable, and clear-headed history of the Warren Court. This book is not only essential but absolutely required reading for everyone interested in American constitutional history, politics, and law. -- Stephen M. Griffin, Tulane Law SchoolPowe has revived an honorable genre—the study of the Supreme Court as a political institution—a field once graced by the likes of E.S. Corwin, Alpheus Mason, and Walter Murphy. Powe reminds us that the Court is a political institution, one of three branches of government, and as such can only be understood in the larger context of American politics. The book is a tour de force, brimming with insights and elegantly written. He reminds us all of what political science once was, and what it could be again. -- Melvin I. Urofsky, Virginia Commonwealth UniversityPurely legal analysis emphasizes the logical links, or absence of them, between the questions raised in two or more cases and the answers given to them. Purely political analysis relies on social history as an explanation for judicial decisions. A more complete picture results, as Powe argues, from a combination of the two… Powe has done his non-psychological homework, however, and he presents new material resulting from research about Brennan, Tom Clark, and Douglas…he suggests that the Court 'was not worrying about Constitutional theory but rather reaching results that conformed to the values that enjoyed significant national support in the mid-1960s.' His well-researched and lively volume presents strong evidence that he is correct. -- Philippa Strum * Journal of American History *The Warren Court and American Politics is a spectacularly good book. Written for an audience of educated non-lawyers, it provides the best available account of the relationship between the Warren Court's liberalism and American politics during the entire period of Earl Warren's tenure… It retrieves the nearly forgotten period of stalemate. Its argument that the South must be seen at the center of the Warren Court's work in free speech, religion, and criminal procedure illuminates the Court's enterprise better than any other account of which I am aware. -- Mark V. Tushnet * Texas Law Review *Challenging the reigning consensus that the Warren Court fundamentally protected minorities, this book examines the Supreme Court in a wider political environment. Powe argues that the Court was a functioning partner in Kennedy–Johnson liberalism and thus helped impose national liberal-elite values on groups that were outliers to that tradition. * Law and Social Inquiry *Table of ContentsPreface 1. The Supreme Court, 1935 -1953 I. Beginnings: The 1953 -1956 Terms Prologue: Brown before Warren 2. Brown 3. Implementation 4. Domestic Security 5. Glimpses of the Future II. Stalemate: The 1957 -1961 Terms Prologue: "Dangerously, Shockingly Close" 6. Domestic Security after Red Monday 7. Little Rock and Civil Rights 8. The Transition III. History's Warren Court: The 1962 -1968 Terms Prologue: The Fifth Vote 9. To the Civil Rights Act 10. Revamping the Democratic Process 11. After the Civil Rights Act 12. Freedom of Expression 13. The End of Obscenity? 14. Church and State in a Pluralist Society 15. Policing the Police 16. Policing the Criminal Justice System 17. Wealth and Poverty IV. The Era Ends Prologue: Retirement 18. The Last Year 19. What Was the Warren Court? Chronology Notes Bibliography Index of Cases General Index

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Book SynopsisAre scientific expert witnesses partisans or spokesmen for objective science? Golan tells stories of courtroom drama and confusion and media jeering on both sides of the Atlantic, until the start of the 21st century, as the courts still search for ways that will allow them to distinguish between good and bad science.Trade ReviewIn this witty book, Tal Golan shows how the Anglo-American legal system accommodated itself partially and reluctantly to the laws of science and the agitation of scientists. In style and substance, Laws of Men and Laws of Nature shines as a work in the history of science and eclipses most contemporary science studies. -- J. L. Heilbron, author of The Sun in the Church: Cathedrals as Solar ObservatoriesIn disputes ranging across health, the environment, regulation, crime, and myriad other features of contemporary society, science is ubiquitous in the courts. In compelling prose, Tal Golan brilliantly illuminates the historical roots of the interplay between science and the law, showing that it has a history going back to the late 18th century and revealing how each affected the other, with the legal process calling forth expert research and the claims of scientific expertise helping to shape the rules of evidence. This is a major, authoritative work, of groundbreaking importance. -- Daniel J. Kevles, author of The Baltimore Case: A Trial of Politics, Science, and Character[An] engaging history of expert evidence in the Anglo-American courtroom...Laws of Men and Laws of Nature is both well written and wide-ranging, traveling from 18th-century England to early 20th-century America, from patent law to microscopy to experimental psychology...An extremely able, much-needed account of the tangled, troubled connections between the world of law and the world of science. -- Jennifer L. Mnookin * American Scientist *This fascinating history of scientific expert testimony explores the relations between science and law in the courts of England and America over the past two centuries. It covers the late-18th-century court case over the supposed causes of the decay of Wells harbour in Norfolk, on England's east coast; the difficulties of distinguishing human from animal blood in the 19th century; the gradual acceptance of X-ray, photographic and other 'silent witness' evidence in the 20th century; and the unsettled debate over the accuracy of lie-detector tests...For anyone who finds themselves at the ever-controversial interface between science and the law, this book provides invaluable context and a most interesting read. * New Scientist *[An] original and thoughtful [history] of the fitful relationship between science and the law from its roots in the 18th century common law. -- Bettyann Holtzmann Kevles * Science *This book will be enjoyed not only for its insight into the development of expert evidence but also into the history of industrial relations. -- Oliver Popplewell * Times Higher Education Supplement *Trials are the stuff of Tal Golan's engaging narrative as he briskly guides his readers through some of the formative moments in a century or so of scientific expert testimony in English and American common law. -- Sheila Jasanoff * Nature *Tal Golan's Laws of Men and Laws of Nature is an important historical examination of scientific expert testimony in Common Law courts. Golan accomplishes this through an examination of the relationship between the institution of law and the institution of science…Unfortunately, their relationship has gone largely ignored by historians of each field respectively …Tal Golan's book contributes importantly to our understanding of expert testimony, and, more broadly, the relationship between law and science. Furthermore, it is essential for understanding the current status of expert testimony in trials…Readers will appreciate the book's historical detail. Golan's retelling of history is excellent: not burdened with minutiae but sufficiently colorful to maintain interest…Golan effectively argues that law and science evolved concomitantly, and those interested in the relationship between these two institutions will find this book indispensable. -- Christopher Salinas * Argumentation and Advocacy *Marvelous...Tal Golan, a historian of science at the University of California at San Diego, takes us on an intimate tour of the centuries-long love-hate relationship between science and the law...Mr. Golan's book is especially timely, as in America we seem more suspicious than ever of the role of science in the courtroom. It is instructive, therefore, to take a stroll through history in this book, and see the many ways that bringing science into the courtroom served the greater good. -- Carla T. Main * New York Law Journal Magazine *Professor Golan has produced an important work, a long-overdue historical addition to the scientific evidence literature. It is a must-read, not only for scientific evidence scholars, but also for anyone seeking a richer understanding of the continuing and frustrating conflicts between law and science. -- Edward K. Cheng * Michigan Law Review *

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Book SynopsisDrawing on more than 25,000 party and amicus briefs led between 1984 and 2015 and the text of the related court opinions, as well as interviews with former Supreme Court clerks and attorneys, Morgan Hazelton and Rachael Hinkle shed light on one of the more mysterious and consequential features of Supreme Court decision-making.Table of Contents List of Figures and Tables Preface Acknowledgments Introduction 1. Briefs and the People Who Produce Them 2. Crafting a Brief 3. Coordinating and Coalescing: Investigating Information Sharing between Briefs 4. The Win/Loss Column: Influencing Case Outcomes 5. Standing Out or Speaking Together: How Individual Briefs Shape Opinion Content 6. Shaping the Law Together: Collectively Influencing Opinion Content Conclusion Appendix A. Interviews Appendix B. Data Collection, Scope, and Processing Appendix C. Regression Tables Notes Bibliography Index

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Book SynopsisIn this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role.Trade ReviewIn a field crowded with book-length studies of judicial review and the finality of Supreme Court decisions, Louis Fisher has something new and important to say. In Reconsidering Judicial Finality he demonstrates that judicial review is not the only means by which the meaning of the Constitution can by ascertained, and that the Court is not always the final authority on the meaning of the law. Fisher’s account of the ways in which Court finality has been contested will prove attractive to general readers and to scholars of constitutional law, legal history, and American politics." - Peter Charles Hoffer, coauthor of The Supreme Court: An Essential History, Second Edition"For the same reasons that it distributes substantive governmental power across multiple federal and state institutions, the US Constitution also divides interpretative power across institutions; Congress, the president, the states, and the people all contribute to the development of constitutional law along with the Supreme Court. In Reconsidering Judicial Finality: Why the Supreme Court Is Not the Last Word on the Constitution, Louis Fisher, with his characteristic sweep and erudition, shows how all institutions of government engage in the enterprise of constitutional interpretation—and how they do so with widely varying skill and results that do not always reflect well on the federal courts. Covering more than two centuries of practice across a dozen different topics, this book should help put an end to the strangely enduring myth of judicial supremacy in constitutional interpretation." - Gary Lawson, coauthor of “A Great Power of Attorney”: Understanding the Fiduciary Constitution"Louis Fisher’s most recent book provides a characteristically thorough and thoughtful argument for the shared nature of constitutional interpretation. In heated political times, Reconsidering Judicial Finality serves as a valuable reminder that American constitutionalism is and has been a collective effort fueled not only by the Supreme Court but also by the political branches and, more often than typically understood, by the people themselves." - Louis J. Virelli III, author of Disqualifying the High Court: Supreme Court Recusal and the ConstitutionTable of Contents Preface Note on Citations 1. Early Claims of Judicial Finality -Debating Judicial Review -Who Has the Final Word? -Influence of John Marshall -William Marbury's Lawsuit -Additional Lessons -Reflections on Marbury -Continuing Debate 2. Selections by Chief Justice Hughes -Dred Scott’s Case -Reactions to Dred Scott -Legal Tender Cases -Income Tax Cases 3. Rights of Blacks -Opposition to Slavery -The Civil War -Congressional Safeguards, Judicial Opposition -Access to Public Facilities -“Separate but Equal” Doctrine -Brown v. Board -The Civil Rights Act of 1964 -Judicial Resort to Busing -A Continuing Dialogue 4. Rights of Women -Doctrine of Coverture -Myra Bradwell’s Initiatives -Belva Lockwood Goes to Congress -Judicial Rulings from 1875 to 1971 -Equal Rights Amendment -Equal Pay for Women -Equal Pay for Women -Lilly Ledbetter Seeks Justice -Additional Disputes 5. Regulating Commerce -Wheeling Bridge Cases -Controls on Intoxicating Liquors -Liberty of Contract -Congress and Child Labor -Court-Packing Plan -Child Labor Returns 6. The Sole-Organ Doctrine -Problems with Dicta -The Issue inCurtiss-Wright -Treaty Negotiation -Marshall’s Sole-Organ Speech -Jerusalem Passport Case -The Supreme Court's Opinion -Creating a New Presidential Model 7. Privacy Rights -Mandatory Sterilization -Defining Obscenity -Use of Contraceptives -Abortion Rights -Reexamining Roe 8. Religious Liberty -Protecting Minority Rights -Forming Constitutional Principles -Military Chaplains -Quakers and Military Service -Compulsory Flag Salutes -The Yarmulke Case 9. Japanese-American Cases -Roosevelt’s Executive Order -Detention Camps -Evaluating the Court -Fraud Against the Court -Analysis by Peter Irons -Acknowledging Judicial Error 10. State Secrets Privilege -Aaron Burr’s Trial -Civil War Precedent -Three Widows in Court -At the Appellate Level -The Supreme Court Decides -Fraud Against the Court -Contemporary Issues 11. Legislative Vetoes -Origins of the Legislative Veto -Presidential Reorganization Authority -“Come into Agreement” Provisions -Challenges by President Carter -INS v. Chadha -Legislative Vetoes After Chadha -Presidential Signing Statements -Some Lessons 23. Campaign Finance -Sources of Judicial Error -Congressional Legislation -Continued Errors about Santa Clara -Buckley v. Valeo -Judicial Attacks on Buckley -Citizens United -Responses to Citizens United Conclusions About the Author Index of Cases Index of Subjects

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Book SynopsisDrawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada’s Supreme Court, this book offers both a qualitatively and quantitatively-based explanation of how Canada’s justices grant judicial review.Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisCanada's Supreme Court decides cases with far-reaching effects on Canadian politics and public policies. When the Supreme Court sets cases on its agenda, it exercises nearly unrestrained discretion and considerable public authority. But how does the Court choose these cases in the first place?Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases win a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers that has never before been used in studies of Canada's Supreme Court, Flemming offers both a qualitatively and quantitatively-based explanation of how Canada's justices grant judicial review.The first of its kind, this innovative study will draw the attention of lawyers, academics, and students in Canada as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada.<Trade ReviewFrom the safe refuge as a professor at Texas A & M University, the author defines the Supreme Court of Canada as a political institution subject to the usual incentives and constraints as those experienced by members of more recognizable political institutions. In assessing how the Supreme Court decides what cases to hear the author postulates how it is done and while so doing is helpful to lawyers seeking leave to appeal. The author has prepared tables of variables that lawyers may look at to find a fit. This book is a must for trial lawyers. -- Ronald F. MacIsaac * The Saskatchewan Advocate *The study described in Tournament of Appeals is interesting and timely. Which appeals the Supreme Court chooses to hear will affect the development of law and policy in Canada. How they choose these appeals should therefore be of great interest to the public at large, and the legal profession in particular. If the Court itself will not tell us how it is done, this study narrows the possibilities, and expands our understanding, not only of the Supreme Court of Canada, but also of the United States Supreme Court and the highest courts of other countries. -- Reche J. McKeague * Saskatchewan Law Review 2005, Vol 68 *I cannot count the times I have heard lawyers put forward their various theories on their own successes and failures, so they may well find this little text very illuminating. -- Ronald F. MacIsaac * The Barrister *Table of ContentsFigures and TablesPreface and Acknowledgments1 Judicial Review and Agenda Setting: American Accounts and the Canadian Setting2 Tournaments and Stratification of Canada’s Supreme Court Bar3 Litigants, Lawyers, and the Tournament of Appeals4 Tournament Rules and the Consequences of Institutional Choices5 The Court Game: Strategy and Consensus among the Tournament’s Judges6 Conclusion: Canadian Variations of American ThemesNotesReferencesIndex

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Book SynopsisCourts and Federalism examines recent developments in thejudicial review of federalism in the United States, Australia, andCanada. Through detailed surveys of these three countries, Gerald Baierclearly demonstrates that understanding judicial doctrine is key tounderstanding judicial power in a federation. Baier offers overwhelmingevidence of doctrine's formative role in division-of-powerdisputes and its positive contribution to the operation of a federalsystem. Courts and Federalism urges political scientists totake courts and judicial reasoning more seriously in their accounts offederal government.Courts and Federalism will appeal to readers interested inthe comparative study of law and government as well as the interactionof law and federalism in contemporary society.Table of ContentsAcknowledgments Introduction 1. Judicial Doctrine as an Independent Variable in Federalism 2. A Brief History of Federalism Doctrine in Practice 3. The US Supreme Court: Revived Federalism 4. The Australian High Court: Legalistic Federalism 5. The Canadian Supreme Court: Balanced Federalism Conclusion Notes Bibliography Index

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Book SynopsisDrawing on case files and newspapers accounts of women’s confrontations with the law in the Toronto Women’s Police Court, Feminized Justice offers a multifaceted portrait of women, crime, and courts in early twentieth-century Toronto.Trade ReviewGlassbeek's book is an important addition to feminist colloquy as well as feminist inquiry...[a] comprehensive and insightful explanation of how and why a path paved with good intentions became a dead end. -- Judith A. Baer, Texas A&M University * Law and Politics Book Review, Vol 20, No 7 *Table of ContentsIntroduction1 The Toronto Women’s Police Court as an Institution2 Feminism, Moral Equality, and the Criminal Law: The Women’s Court as Feminized Justice3 “The badness of their badness when they’re bad”: Women, Crime, and the Court4 “What chance is there for a girl?” Vagrancy and Theft Charges in the Women’s Court5 “Up again, Jenny?” Repeat Offenders in the Women’s Court6 “Can her justice be just?” Margaret Patterson, Male Critics, and Female Criminals, 1922–34ConclusionNotesBibliographyIndex

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Book SynopsisAny court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a By the Court format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of By the Court, framing this practice as the most dramatic form of a modern style that highlights the institution and downplays indiviTrade ReviewThis is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book. -- Ann Marie Melvie, Law Librarian * Canadian Law Library Review *Table of ContentsPart 1: Introduction1 What are By the Court decisions?2 The Supreme Court of Canada Takes to the Constitutional Stage3 Why Decision Presentation Formats MatterPart 2: The Road to By the Court Decisions4 Originality: Nothing to Copy5 Uniqueness: A Global Common Law Survey6 Early History: The “Minor Tradition”7 Emergence: The Birth of the “Grand Tradition”Part 3: The Modern By the Court Decisions8 Inventory and Chronology of Decisions9 A Typology of Decisions10 Why These Cases?Part 4: Conclusion11 The Meaning and the Future of the By the Court FormatNotes; Bibliography; Index

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Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada’s jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

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Book SynopsisConstitutionalizing Criminal Law explains why the Supreme Court of Canada's jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.Table of Contents1 Choosing among Rights2 Principles of Criminal Law Theory3 Principles of Instrumental Rationality4 Enumerated Principles of Criminal Justice5 A Normative Approach to Constitutionalizing Criminal Law6 Lessons from the Canadian ExperienceNotes; Bibliography; Index

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Book SynopsisWitness to the Human Rights Tribunals offers a behind-the-scenes account of the difficulties facing Indigenous people in human rights tribunals, and the struggles of experts to keep their own testimony from being undermined.Trade Reviewengagingly practical instead of theoretical. -- G. Christensen, Stetson University College of Law * CHOICE Connect *Table of ContentsForeword / Sharon Venne-ManyfingersIntroductionPart 1: Anthropology and Law1 My Life in Anthropology and Law2 Symbolic Violence, Trauma, and Human Rights3 Thinning the Evidence, Discrediting the Expert Witness4 Entering Evidence in an Adversarial System5 Anthropologists versus LawyersPart 2: The Tribunal6 The British Columbia Human Rights Tribunal7 McCue v. University of British Columbia8 Menzies v. Vancouver Police DepartmentConclusionCaselaw and Legal Materials; References; Index

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