Courts Books

Making Your Case: The Art of Persuading Judges

Antonin Scalia, Bryan A. Garner

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Customer Reviews:
Total reviews: 30 Average rating: 4.5 of 5

Editorial Review:

In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief-writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.

The Nine: Inside the Secret World of the Supreme Court

Jeffrey Toobin

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Total reviews: 150 Average rating: 4.0 of 5

Editorial Review:

Bestselling author Jeffrey Toobin takes you into the chambers of the most important—and secret—legal body in our country, the Supreme Court, and reveals the complex dynamic among the nine people who decide the law of the land.

Just in time for the 2008 presidential election—where the future of the Court will be at stake—Toobin reveals an institution at a moment of transition, when decades of conservative disgust with the Court have finally produced a conservative majority, with major changes in store on such issues as abortion, civil rights, presidential power, and church-state relations.

Based on exclusive interviews with justices themselves, The Nine tells the story of the Court through personalities—from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas's well-tended grievances against his critics to David Souter's odd nineteenth-century lifestyle. There is also, for the first time, the full behind-the-scenes story of Bush v. Gore—and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.

The Nine is the book bestselling author Jeffrey Toobin was born to write. A CNN senior legal analyst and New Yorker staff writer, no one is more superbly qualified to profile the nine justices.

America's Courts and the Criminal Justice System

David W. Neubauer

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Editorial Review:

Open this book and step into America's court system! What's it like to be a judge? A prosecutor? A defense attorney? With Neubauer's best-selling book, you'll find out! This fascinating and well-researched text gives you the sense of being in the courthouse-of what it is like to work in and be a part of the system. This concept of the courthouse "players" illustrates each person's important role in bringing a case through the court process. Throughout the text, Neubauer highlights not only the pivotal role of the criminal courts within the criminal justice system but also the court's importance and impact on society as a whole.

How Judges Think

Richard A. Posner

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Total reviews: 9 Average rating: 4.5 of 5

Editorial Review:

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.

Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

(20080211)

Judicial Process in America

Robert A. Carp, Ronald Stidham, Kenneth L. Manning

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Total reviews: 3 Average rating: 4.0 of 5

A easy and well written guide to American Legal System 5 out of 5 stars.
4 of 9 people found this review helpful.

This book is a comprehensive guide to professional who have an interest about the American Legal and Judicial System. Very well written is actually very easy to read. Really a very good book.

Editorial Review:

A thorough revision of a tried and true classic, the seventh edition of Judicial Process in America offers a comprehensive study of the American judicial system that integrates new scholarship and original research. Including analysis of the courts at all levels, the authors cover judges, lawyers, and litigants, as well as the powerful variables that influence judicial decision making, effectively linking the courts to public policy. In response to feedback from adopters, the authors have increased their coverage of state courts and further explore the impact of race, gender, and socio-economic factors on the judiciary. Discussion of the ideological impact of George W. Bush's judicial appointments, including two new Supreme Court justices, and inclusion of recent cases on end-of-life issues, property rights, and gay and lesbian rights bring the book fully up to date.

Baum American Courts Process And Policy Sixth Edition

Lawrence Baum

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Scholar Lawrence Baum presents thorough descriptions of the courts and their activities with clear, engaging prose to foster student interest. Comprehensive and current, the text offers explanations of what the courts do, how officers of the court perform their duties, and how the judicial branch relates to the rest of the political system.

The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom

Robert A. Levy, William Mellor

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Total reviews: 11 Average rating: 5.0 of 5

Editorial Review:

A non-lawyer’s guide to the worst Supreme Court decisions of the modern era

The Dirty Dozen takes on twelve Supreme Court cases that changed American history—and yet are not well known to most Americans.

Starting in the New Deal era, the Court has allowed breathtaking expansions of government power that significantly reduced individual rights and abandoned limited federal government as envisioned by the founders.

For example:
• Helvering v. Davis (1937) allowed the government to take money from some and give it to others, without any meaningful constraints
• Wickard v. Filburn (1942) let Congress use the interstate commerce clause to regulate even the most trivial activities—neither interstate nor commerce
• Kelo v. City of New London (2005) declared that the government can seize private property and transfer it to another private owner

Levy and Mellor untangle complex Court opinions to explain how The Dirty Dozen harmed ordinary Americans. They argue for a Supreme Court that will enforce what the Constitution actually says about civil liberties, property rights, racial preferences, gun ownership, and many other controversial issues.

The Supreme Court

Lawrence Baum

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Total reviews: 2 Average rating: 5.0 of 5

Editorial Review:

Lawrence Baum brings students--in this thoroughly revised and updated edition--trusted, balanced, and illuminating coverage of the U.S. Supreme Court. While the Court is always evolving, the changes have been especially sweeping these past few years. Looking closely at the appointments of two new justices and the possible effects of the shift from the Rehnquist Court to the Roberts Court, Baum examines the implications of recent major decisions. Baum explores the Court's rulings on the procedural rights of suspected terrorists as well as the growth in conflict between Congress and the federal courts.

The ninth edition makes use of new scholarship on the Court, from research on the role of precedent to important biographies of Justice Blackmun and Justice O'Connor. This authoritative introduction to the nation's highest judicial body describes the Court's personalities and procedures, delving deeply to explain the actions of the Court and the behavior of justices. Through Baum's straightforward yet lively prose, students begin to understand the Court's complexity and reach.

Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse

Steve Bogira

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Total reviews: 25 Average rating: 4.0 of 5

exciting look behind the scenes - but sadly terribly biased 1 out of 5 stars.
9 of 18 people found this review helpful.

It seems to be an exciting look behind the scenes of a typical big city courthouse. And it is, the reader will be given an interesting and sometimes spellbinding look into the lockups, the backrooms and chambers where justice is being sought, sometimes found, sometimes not. Having spent many years in New York City courtrooms I can agree with the descriptions in this book.

However, every page is dripping with bias. You will find every liberal prejudice that ever was invented: The deputies are pretty much heartless sadistic roboters, the prosecutors overzealous apparachicks who waste taxpayers' money -and always are white, which is pretty unbelievable-, corruption among the judges is rampant -which is even more unbelievable-, and the defendants always are poor, disadvantaged minorities, who in the author's view are only victims of society and should not be held responsible for their crimes. Luckily the author found a judge, who pretty much shares this attitude.
The author only changes his view where the defendants are white. Here the judge cannot throw the book hard enough at them.

Once the reader has been numbed enough to just ignore this mantra, the book is mildly interesting. Sadly, as in most liberal descriptions of our justice system, you read a lot about the defendants, the judges, the lawyers, but almost nothing about the victims of the defendants' crimes.

Sadly, after a few pages you have already had all the information you will get. The rest of the book will only repeat the author's ideology. That makes reading this book pretty much a waste of time.

Editorial Review:

Courtroom 302 is the fascinating story of one year in Chicago's Cook County Criminal Courthouse, the busiest felony courthouse in the country. Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira’s masterful investigation raises fundamental issues of race, civil rights, and justice in America.

Courts, Judges, and Politics

Walter F Murphy, C. Herman Pritchett, Lee Epstein, Jack Knight

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Editorial Review:

This classic reader has been a best selling component of the Judicial Process/Judicial Politics/American Legal System course for years. The sixth edition has been thoroughly updated while retaining the features that made it attractive for so long: its effective structure, thorough coverage, narrative voice, choice of excerpts, and teaching flexibility.