Courts Books - Page 12

The Trial: The Assassination of President Lincoln and the Trial of the Conspirators

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Editorial Review:

On April 14, 1865, John Wilkes Booth assassinated President Abraham Lincoln. By April 26, eight of the ten people eventually charged as accomplices in Lincoln's murder were in custody. Booth was killed resisting capture and John Surratt was in Canada, his where-abouts unknown to Federal authorities. In the days that followed, President Johnson issued an Executive Order directing that the persons charged with Lincoln's murder stand trial before a military tribunal. During the fifty-day trial, over three hundred and sixty witnesses gave testimony. Benn Pitman, a recognized expert in the art of phonography (an early form of short-hand), was awarded a government contract to produce a true and accurate transcription of the testimony. Working with four assistants, Pitman produced transcripts that served the general public through daily releases to select members of the press as well as to the prosecution and the defense. Pitman was given the right to publish the transcriptions for public sale, and he skillfully winnowed the 4,300 pages of transcription into a single 421 -page volume. Copies of the original 1865 edition, as well as subsequent reprints, are exceedingly rare. Here for the first time, leading experts in the field lend their insight in a series of commentaries that complement Pitman's published transcript - included here in its entirety - exposing various perjuries, explaining testimony that has escaped scholarly attention, and clarifying the events surrounding the assassination as never before.

The Process Is the Punishment: Handling Cases in a Lower Criminal Court

Malcolm M. Feeley

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Still applicable 5 out of 5 stars.
1 of 1 people found this review helpful.

The qualitative analysis of the lower court system, offered in "The Proccess" is a worthwhile and very relevant read for anyone seeking to understand the inner workings of criminal courts. The author does an excellent job providing an explanation for how courts work and why they produce so few trials. I found myself recalling countless experiences from working in the family court system that directly applied to the analysis presented in this text. This book should be read by anyone interested in researching court outcomes. It really puts a different spin on outcomes and processes that are often hidden from the general public.

The Supreme Court

Lawrence Baum

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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 Evidence Handbook

Steven Goode, Olin Guy, III Wellborn

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E-Z Rules for Evidence is much better 2 out of 5 stars.
0 of 0 people found this review helpful.

While this is the federal rules, I strongly suggest bypassing this purchase and buying the EZ Rules for Evidence instead. EZ Rules does not have all the rules, but it clearly should suffice in any law school Evidence course. I found the FRE to be overly complicated, and the EZ Rules Text breaks it down just right. SKIP FRE and purchase EZ Rules Instead...

A Must Have 5 out of 5 stars.
0 of 0 people found this review helpful.

This is an absolute must have! It has tons of examples and breaks down every single sentence of the code. Like my professor said, "you will fail evidence without this." 100% worth the money!

Editorial Review:

This handbook incorporates December, 2000 amendments to the Federal Rules of Evidence, thereby providing the most up-to-date coverage of the rules. Designed both for student advocates and students enrolled in traditional evidence courses. The book has three basic parts. First is the Federal Rules of Evidence, including the pending amendments. Next is a rule-by-rule commentary, which is designed to serve as a mini-treatise on the federal rules. The third part aims to help students bridge the gap from knowing the law of evidence to knowing how to perform at trial.

The Judge in a Democracy

Aharon Barak

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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book.

In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy.

Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia.

As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Civil Procedure & Litigation: A Practical Approach (Paralegal)

Jack S. Emery, Linda L. Edwards, J. Stanley Edwards

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Editorial Review:

An engaging story line unfolds chapter by chapter as this book takes a step-by-step approach to preparing a case for trial. It discusses procedural traps that can ensnare the unprepared litigator, and provides space for readers to write in their local and state rules and procedures. This book offers easy-to-follow "workshops" with information regarding the creation of documents and other tasks required by litigation paralegals. Included throughout the book are technical tips, ethical considerations, and practical concerns.

Criminal Procedure: From First Contact to Appeal

John L. Worrall

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A comprehensive introduction to criminal procedure, from the point where individuals first come into contact with the police, all the way through to appeal. Traditional criminal procedure topics, including search and seizure as well as interrogation and identification procedures comprise the first half of the text. Recognizing that criminal procedure consists of much more than interactions between the police and criminal suspects, Worrall goes on to discuss the pretrial process; the roles of defense attorneys, prosecutors, and grand juries; plea bargaining and guilty pleas; rights of criminal defendants at trial; and appeals and habeas corpus. The material focuses on the constitutional rights of criminal suspects, as interpreted by the U.S. Supreme Court. Reviewers are praising Worrall as an exciting new entry to the market. "The book does an excellent job of covering the material," writes one reviewer. "It covers areas rarely covered in a typical procedure text such as issues of mental incompetency. In addition, it answers the questions that professors consistently get from their students."Another reviewer calls the Worrall text "an incredible improvement over [other criminal procedure texts]. ..where those books are so confusing and choppy, this book is well written and gets the points across clearly."

A Most Disorderly Court: Scandal and Reform in the Florida Judiciary (Florida History and Culture)

MARTIN A. DYCKMAN

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In the 1970s, justices on the Florida Supreme Court were popularly elected. But a number of scandals threatened to topple the court until public outrage led to profound reforms and fundamental changes in the way justices were seated.

 

One justice abruptly retired after being filmed on a high-roller junket to Las Vegas. Two others tried to fix cases in lower courts on behalf of campaign supporters. A fourth destroyed evidence by shredding his copy of a document into "seventeen equal" strips of paper that he then flushed down a toilet.

 

As the journalist who wrote most of the stories that exposed these events, Martin Dyckman played a key role in revealing the corruption, favoritism, and cronyism then rampant in the court.

 

A Most Disorderly Court recounts this dark period in Florida politics, when stunning revelations regularly came to light. He also traces the reform efforts that ultimately led to a constitutional amendment providing for the appointment of all Florida's appellate judges, and emphasizes the absolute importance of confidential sources for journalists.

John Marshall and the Heroic Age of the Supreme Court (Southern Biography Series)

R. Kent Newmyer

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John Marshall (1755-1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to 1835, he helped move the court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law.

Newmyer vividly unfolds Marshall's early Virginia years- his Americanization in Fauquier County before the Revolution, his decision to fight for independence as "a principled soldier," and his emergence as a constitutional nationalist in the 1780s. Marshall's experience as a Federalist politician and a leading Virginia lawyer during the 1790s, Newmyer argues, defined his ideas about judicial review and the role of the Supreme Court as a curb on party-based, states'-rights radicalism.

Perhaps best known for consolidating the authority of the Supreme Court, Marshall is revealed here to have been equally skilled at crafting law that supported the emerging American market economy. He waged a lifelong struggle against champions of states'-rights constitutional theory, a struggle embodied in his personal and ideological rivalry with Thomas Jefferson.

More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.

One Case at a Time: Judicial Minimalism on the Supreme Court

Cass R. Sunstein

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Abortion, affirmative action, the "right to die," pornography and free speech, homosexuality and sex discrimination: as eagerly as the Supreme Court's rulings on these hot issues are awaited and as intently as they're studied, they never seem to settle anything once and for all. But something is settled in the process--in the incremental approach--as Cass Sunstein shows us in this instructive book.

One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings on issues from the legitimacy of affirmative action to the "right to die," and in doing so has fostered rather than foreclosed public debate on these difficult topics. He offers an original perspective on the right of free speech and the many novel questions raised by Congress's efforts to regulate violent and sexual materials on new media such as the Internet and cable television. And on the relationship between the Constitution and homosexuality and sex discrimination, he reveals how the Court has tried to ensure against second-class citizenship--and the public expression of contempt for anyone--while leaving a degree of flexibility to the political process.

One Case at a Time also lays out, and celebrates, the remarkable constellation of rights--involving both liberty and equality--that now commands a consensus in American law. An authoritative guide to the Supreme Court, the book offers a new understanding of the American Constitution, and of the relationship between democracy and constitutionalism, and between rights and self-government.