Law

The Missing American Jury

Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1107055652

Category: Law

Page: 262

View: 7141

Explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
Law

The Missing American Jury

Restoring the Fundamental Constitutional Role of the Criminal, Civil, and Grand Juries

Author: Suja A. Thomas

Publisher: Cambridge University Press

ISBN: 1316666565

Category: Law

Page: N.A

View: 8143

Criminal, civil, and grand juries have disappeared from the American legal system. Over time, despite their significant presence in the Constitution, juries have been robbed of their power by the federal government and the states. For example, leveraging harsher criminal penalties, executive officials have forced criminal defendants into plea bargains, eliminating juries. Capping money awards, legislatures have stripped juries of their power to fix damages. Ordering summary judgment, judges dispose of civil cases without sending them to a jury. This is not what the founders intended. Examining the Constitution's text and historical sources, the book explores how the jury's authority has been taken and how it can be restored to its rightful, co-equal position as a 'branch' of government. Discussing the value of juries beyond the Constitution's requirements, the book also discusses the significance of juries world-wide and argues jury decision-making should be preferred over determinations by other governmental bodies.
Law

Representing the Accused

A Practical Guide to Criminal Defense

Author: Jill Paperno

Publisher: Aspatore Books

ISBN: 9780314285294

Category: Law

Page: 274

View: 3542

Whether you are a law clinic student making your first foray into criminal defense, a newly admitted attorney, a general practitioner, or an attorney whose practice is concentrated in criminal defense, Representing the Accused will provide you with invaluable advice as you navigate your way through a criminal case. Authored by an experienced criminal defense attorney in a large public defenders office who has personally handled thousands of criminal cases, supervised representation in thousands more, and trained scores of attorneys, this book provides insight and guidance on how to efficiently and effectively manage each step in the handling of a criminal case. In order to help you provide quality representation to your clients, this publication offers clear explanations of a criminal attorneys role at every stage, from the arrest through the conclusion of the case.
Law

Unequal

How America's Courts Undermine Discrimination Law

Author: Sandra F. Sperino,Suja A. Thomas

Publisher: Oxford University Press

ISBN: 0190278382

Category: Law

Page: 232

View: 2695

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Language Arts & Disciplines

The Complete Bill of Rights

The Drafts, Debates, Sources, and Origins

Author: Neil H. Cogan

Publisher: Oxford University Press

ISBN: 0199324204

Category: Language Arts & Disciplines

Page: 800

View: 4477

The fundamental, inalienable rights and privileges set forth in the Bill of Rights represent the very foundations of American liberty. The Complete Bill of Rights, Second Edition is the only comprehensive collection of texts essential to understanding the Bill of Rights. Fully revised for the first time since 1997, this volume incorporates all pertinent materials from the debate on the ratification of the Bill of Rights.
Law

The Supreme Court's New Workplace

Author: Joseph A. Seiner

Publisher: Cambridge University Press

ISBN: 1107137993

Category: Law

Page: 225

View: 3106

The US Supreme Court has systematically eroded the rights of minority workers through subtle changes in procedural law. This accessible book identifies and describes how the Supreme Court's new procedural requirements create legal obstacles for civil-rights litigants, thereby undermining their substantive rights. Seiner takes the next step of providing a framework that practitioners can use to navigate these murky waters, allowing workers a better chance of prevailing with their claims. Seiner clearly illustrates how to effectively use his framework, applying the proposed model to one emerging sector - the on-demand industry. Many minority workers now face pervasive discrimination in an uncertain legal environment. This book will serve as a roadmap for successful workplace litigation and a valuable resource for civil-rights research. It will also spark a debate among scholars, lawyers, and others in the legal community over the use of procedure to alter substantive worker rights.
LAW

Making Habeas Work

A Legal History

Author: Eric M. Freedman

Publisher: NYU Press

ISBN: 1479870978

Category: LAW

Page: 208

View: 6277

Eric M. Freedman "Making Habeas Work: A Legal History" explores habeas corpus, a judicial order that requires a person under arrest to be brought before an independent judge or into court. In his book, Freedman critically discusses habeas corpus as a common law writ, as a legal remedy and as an instrument of checks and balances.
Law

Constitutional Morality and the Rise of Quasi-Law

Author: Bruce P. Frohnen

Publisher: Harvard University Press

ISBN: 0674968921

Category: Law

Page: 303

View: 9898

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Law

The Jury in America

Triumph and Decline

Author: Dennis Hale

Publisher: N.A

ISBN: 9780700622009

Category: Law

Page: 448

View: 1429

The Jury in America is an indispensable contribution to understanding a vital institution, one that once embodied real responsibilities in the hands of the governed as an antidote to a stifling centralization of democracy
Law

Unequal

How America's Courts Undermine Discrimination Law

Author: Sandra F. Sperino,Suja A. Thomas

Publisher: Oxford University Press

ISBN: 0190278382

Category: Law

Page: 232

View: 2484

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.
Political Science

The Second Reconstruction

A History of the Modern Civil Rights Movement

Author: Gary Donaldson

Publisher: Krieger Publishing Company

ISBN: N.A

Category: Political Science

Page: 153

View: 1647

This text traces the history of the civil rights movement in the years following World War II, to the present day. Issues discussed the Civil Rights Act of 1964, the Voting Rights of 1965, and the Northern Ireland ghetto's.
Law

American Juries

The Verdict

Author: Neil Vidmar,Valerie P. Hans

Publisher: N.A

ISBN: N.A

Category: Law

Page: 428

View: 8166

Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury’s verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It’s said that there are "judicial hellholes" where local juries provide "jackpot justice" in medical malpractice and product liability cases with corporate defendants. Are these claims valid? This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans—renowned scholars of the jury system—place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law? Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.
Law

The Machinery of Criminal Justice

Author: Stephanos Bibas

Publisher: Oxford University Press

ISBN: 0195374681

Category: Law

Page: 285

View: 1549

The Machinery of Criminal Justice explores the transformation of the criminal justice system and considers how criminal justice could better accommodate lay participation, values, and relationships.
Law

Fifty-One Imperfect Solutions

States and the Making of American Constitutional Law

Author: Jeffrey S. Sutton

Publisher: Oxford University Press

ISBN: 0190866047

Category: Law

Page: 296

View: 1850

When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Executive power

The Limits of Presidential Power

A Citizen's Guide to the Law

Author: Lisa Manheim,Kathryn Watts

Publisher: Manheim & Watts, LLC

ISBN: 9780999698808

Category: Executive power

Page: 178

View: 2615

This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.
Law

The Federal Judiciary

Strengths and Weaknesses

Author: Richard A. Posner

Publisher: N.A

ISBN: 9780674975774

Category: Law

Page: 464

View: 1367

No sitting federal judge has ever written so trenchant a critique of the federal judiciary as Richard A. Posner does in this, his most confrontational book. He exposes the failures of the institution designed by the founders to check congressional and presidential power and resist its abuse, and offers practical prescriptions for reform.