New Arrivals: KF 4784 - KF 9999
Showing 1 - 25 of 51 new items.
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© 2017,Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century. -
© 2015,In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for "public use," the Court ruled that the transfer of condemned land to private parties for "economic development" is permitted by the Constitution--even if the government cannot prove that the expected development will ever actually happen. The Court's decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and "blight" condemnations are unconstitutional under both originalist and most "living constitution" theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city's poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court's unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
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© 2016,In this book, readers will take a fascinating journey with local prosecutors as they seek to obtain reasonable and appropriate case dispositions while preventing abuse and misuse of the law and protecting the civil rights of their jurisdictions. * Offers understandable explanations of why outcomes vary so widely in the criminal justice system--for example, why one prosecutor's office uses drug treatment programs for first-time offenders and another seeks jail time * Answers many of the questions raised in Ferguson, MO, and Staten Island, NY, about the role of prosecutors and their discretionary powers * Presents specific well-known cases to enhance readers' understanding of the intended/unintended consequences of our adversarial system of justice * Addresses in detail the complex relationships between various parts of the U.S. criminal justice system
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© 2016,Despite the rising number of confirmed false confession cases, most people have a hard time grasping why someone would confess to a crime they did not commit, or even why a guilty person would admit to something that could put them in jail for life. How the Police Generate False Confessions takes you inside the interrogation room, exposing the tactics that law enforcement uses to make confessions happen. James L. Trainum reveals how innocent people can become suspects and then confessed criminals even when they have not committed a crime. Using real stories, he looks at the inherent coerciveness of the interrogation process and why so many false confessions contain so many of the details that only the true perpetrator would know. More disturbingly, the book examines how these same processes corrupt witness and victim statements, create lying informants and cooperators, and induce innocent people to plead guilty. Trainum also offers recommendations for change in the U.S. by looking at how other countries are changing the process to prevent such miscarriages of justice. The reasons that people falsely confess can be complex and varied; throughout How the Police Generate False Confessions Trainum encourages readers to critically evaluate confessions on their own by gaining a better understanding of the interrogation process.
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© 2016,The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an "impartial jury" would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation's legal cases and critics warn that the jury is "vanishing" from both the criminal and civil courts. The jury's critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury's defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America , a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is "good and true" and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today.
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© 2015,Judging Free Speech contains nine original essays by political scientists and legal scholars, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice. Analyzing the first amendment expressive freedom opinions of justices from the nineteen twenties through the twenty-first century, the essays go beyond simply identifying and explaining key animating themes that are particular to specific members of the Court. The contributorsalso demonstrate the way in which free speech jurisprudence has evolved over time. The volume covers Oliver Wendell Holmes, Jr., George Sutherland, Hugo L. Black, William J. Brennan, John Marshall Harlan II, Potter Stewart, Anthony M. Kennedy, Clarence Thomas, and Stephen Breyer.
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© 2016,On June 25, 2013, the U.S. Supreme Court handed down its decision in Shelby County v. Holder , invalidating a key provision of voting rights law. The decision--the culmination of an eight-year battle over the power of Congress to regulate state conduct of elections--marked the closing of a chapter in American politics. That chapter had opened a century earlier in the case of Guinn v. United States , which ushered in national efforts to knock down racial barriers to the ballot. A detailed and timely history, The Rise and Fall of the Voting Rights Act analyzes changing legislation and the future of voting rights in the United States. In tracing the development of the Voting Rights Act from its inception, Charles S. Bullock III, Ronald Keith Gaddie, and Justin J. Wert begin by exploring the political and legal aspects of the Jim Crow electoral regime. Detailing both the subsequent struggle to enact the law and its impact, they explain why the Voting Rights Act was necessary. The authors draw on court cases and election data to bring their discussion to the present with an examination of the 2006 revision and renewal of the act, and its role in shaping the southern political environment in the 2008 and 2012 presidential elections, when Barack Obama was chosen. Bullock, Gaddie, and Wert go on to closely evaluate the 2013 Shelby County decision, describing how the ideological makeup of the Supreme Court created an appellate environment that made the act ripe for a challenge. Rigorous in its scholarship and thoroughly readable, this book goes beyond history and analysis to provide compelling and much-needed insight into the ways voting rights legislation has shaped the United States. The Rise and Fall of the Voting Rights Act illuminates the historical roots--and the human consequences--of a critical chapter in U.S. legal history.
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© 2016,A fresh and revelatory look at the Warren Burger Supreme Court finds that it was not a "moderate" or transitional court, as often portrayed, but a conservative one that still defines the constitutional landscape we live in today. When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a "transitional" court between the liberal Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as Michael J. Graetz and Linda Greenhouse show, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Even while declaring a right to abortion in Roe v. Wade , it drew the line at government funding for poor women. The authors excavate the roots of the most significant Burger Court decisions and show how their legacy affects us today. The most comprehensive evaluation of the Burger Supreme Court ever written for a general audience, The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to reveal how the Court shaped its major decisions. It will surprise even legal scholars and historians with its insights into a period that has received too little attention from either.
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© 2014,A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country's leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizen s United , are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky's stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.
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© 2014,In this provocative and insightful book, constitutional scholar and journalist Garrett Epps reviews the key decisions of the 2013-2014 Supreme Court term through the words of the nation's nine most powerful legal authorities. Epps succinctly outlines one opinion or dissent from each of the justices during the recent term, using it to illuminate the political and ideological views that prevail on the Court. The result is a highly readable summary of the term's most controversial cases as well as a probing investigation of the issues and personalities that shape the Court's decisions. Accompanied by a concise overview of Supreme Court procedure and brief case summaries, American Justice 2014 is an engaging and instructive read for seasoned Court-watchers as well as legal novices eager for an introduction to the least-understood branch of government. This revealing portrait of a year in legal action dramatizes the ways that the Court has come to reflect and encourage the polarization that increasingly defines American politics.
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© 2016,This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.
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© 2016,For courses in juvenile justice An In-depth Introduction to Juvenile Justice The Juvenile Justice System: Delinquency, Processing, and the Law is a comprehensive study of the juvenile justice system that examines how juvenile defenders are defined and classified and utilizes the current literature to illustrate the significant stages of juvenile processing and recent changes and developments in the field. This edition puts an increased focus on evidence-based programs that are effective in preventing and treating juvenile offenders. In addition to discussing policies and practices in the US system, examples of comparative foreign juvenile justice practice are also presented. The Juvenile Justice System, Eighth Edition makes the connection between theory and practice through numerous real world examples and connects new students to the many exciting career paths in the field.
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© 2015,Legal Guide for Police, 10th edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop a modern understanding of the law. Authors Walker and Hemmens have added introductory and summary chapters to this edition, which aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2013 term of court. Among the important new cases covered are: Bailey v. United States (2013), Berghuis v. Thompkins (2010), Kentucky v. King (2010), Maryland v. King (2013), and Michigan v. Bryant (2011). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
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© 2015,Just as people are captivated by murder mysteries, detective stories, and legal shows, they are also compulsively interested in the history of criminal justice. Looking Back in Crime: What Happened on This Day in Criminal Justice History? features a treasure trove of important dates and significant events in criminal justice history. Offering hundreds of facts with particular relevance to criminal justice, this unique textbook is written in a manner that is accessible to students and anyone else interested in the history of criminal justice. It presents at least one significant event for every day of the year; in some instances, there are several facts presented for the same date. Among the comprehensive listing of events there are famous and not-so-famous crimes; the development of law enforcement; criminal trials; passages of criminal laws; Supreme Court decisions; important dates related to prisons, punishment, and corrections; forensic milestones and cultural events that intersect with crime and criminal justice. Offering a unique breadth of coverage, the book adopts an interesting and engaging style to inspire enthusiasm in the classroom. It is suitable for use as a supplemental text in criminal justice history courses or as a main text in special issues courses. With this book, students will learn about hundreds of events that usually cannot be covered in depth in any typical criminal justice class. The book provides students with a better sense of history in terms of crime, law enforcement, and the justice system as well as an understanding of specific events and circumstances in the history and development of today's criminal justice system.
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© 2015,This updated text is the comprehensive guide to the Supreme Court: it covers institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and more.
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© 2015,This book examines how Justice John Paul Stevens served as an exceptionally important defender of rights in criminal justice during his thirty-five year Supreme Court career. It examines his life experiences and judicial opinions to show how the Court's most prolific opinion author defended rights throughout an era of an increasingly conservative Court.
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© 2014,For most of their history, the U.S. courts of appeals have toiled in obscurity, well out of the limelight of political controversy. But as the number of appeals has increased dramatically, while the number of cases heard by the Supreme Court has remained the same, the courts of appeals have become the court of last resort for the vast majority of litigants. This enhanced status has been recognized by important political actors, and as a result, appointments to the courts of appeals have become more and more contentious since the 1990s. This combination of increasing political salience and increasing political controversy has led to the rise of serious empirical studies of the role of the courts of appeals in our legal and political system. At once building on and contributing to this wave of scholarship, The View from the Bench and Chambers melds a series of quantitative analyses of judicial decisions with the perspectives gained from in-depth interviews with the judges and their law clerks. This multifaceted approach yields a level of insight beyond that provided by any previous work on appellate courts in the United States, making The View from the Bench and Chambers the most comprehensive and rich account of the operation of these courts to date.
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© 1992,Harlan. Known today to every student of constitutional law, principally for his dissenting opinions in early racial discrimination cases, Harlan was an important actor in every major public issue that came before the Supreme Court during his thirty-three-year tenure. Named by a hopeful father for Chief Justice John Marshall, Harlan began his career as a member of the Kentucky Whig slavocracy. Loren Beth traces the young lawyer's development from these early years through the secession crisis and Civil War, when Harlan remained loyal to the Union, both as a politician and as a soldier. As Beth demonstrates, Harlan gradually shifted during these years to an antislavery Republicanism that still emphasized his adherence to the Whig principles of Unionism and national power as against states' rights. Harlan's Supreme Court career (1877-1911) was characterized by his fundamental disagreement with nearly every judicial colleague of his day. His ultimate stance -- as the Great Dissenter, the champion of civil rights, the upholder of the powers of Congress -- emerges as the logical outgrowth of his pre-Court life. Harlan's significance for today's reader is underlined by the Supreme Court's adoption, beginning in the 1930s, of most of his positions on the Fourteenth Amendment and the Commerce Clause of the Constitution. This fine biography is also an important contribution to constitutional history. Historians, political scientists, and legal scholars will come from its pages with renewed appreciation for one of our judicial giants.
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© 1999,Supreme Court Justice John Marshall Harlan (1833-1911) is best known for condemning racial segregation in his dissent from Plessy v. Ferguson in 1896, when he declared, "Our Constitution is color-blind." But in other judicial decisions--as well as in some areas of his life--Harlan's actions directly contradicted the essence of his famous statement. Similarly, Harlan was called the people's judge for favoring income tax and antitrust laws, yet he also upheld doctrines that benefited large corporations. Examining these and other puzzles in Harlan's judicial career, Linda Przybyszewski draws on a rich array of previously neglected sources--including the verbatim transcripts of his 1897-98 lectures on constitutional law, his wife's 1915 memoirs, and a compilation of opinions, drawn up by Harlan himself, that he wanted republished. Her thoughtful examination demonstrates how Harlan inherited the traditions of paternalism, nationalism, and religious faith; how he reshaped these traditions in light of his experiences as a lawyer, political candidate, and judge; and how he justified the vision of the law he wrote. An innovative combination of personal and judicial biography, this book makes an insightful contribution to American constitutional and intellectual history.
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© 2015,You can't spell truth without Ruth.Only Ruth Bader Ginsburg can judge me.The Ruth will set you free. Supreme Court Justice Ruth Bader Ginsburg never asked for fame she was just trying to make the world a little better and a little freer. But along the way, the feminist pioneer's searing dissents and steely strength have inspired millions. Notorious RBG: The Life and Times of Ruth Bader Ginsburg, created by the young lawyer who began the Internet sensation and an award-winning journalist, takes you behind the myth for an intimate, irreverent look at the justice's life and work. As America struggles with the unfinished business of gender equality and civil rights, Ginsburg stays fierce. And if you don't know, now you know."