Courts Books - Page 3

Justice for All: Earl Warren and the Nation He Made

Jim Newton

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Customer Reviews:
Total reviews: 18 Average rating: 5.0 of 5

Great Learning Opportunity 5 out of 5 stars.
2 of 2 people found this review helpful.

I rarely give a 5-star review on a book. This one gets one for a stack of reasons.

When I finish a biography, I ask myself if I feel like I know the person. I feel I know Warren.

Another reason to like this book, it makes no bones about Warren's bad decisions, his support of the uprooting of Japanese in California in 1941. The author is not shy about criticizing Earl Warren.

Finally, I am a layman. It is a tough task to explain complex legal decisions to a non-lawyer. But Newton does it quite well.

One other thought: After all the learning I did by reading this book, it makes me quite critical of any and all the "teachers" I had in government and American History. They could not teach a politician to steal.

Editorial Review:

In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned- Chief Justice who refashioned the place of the Supreme Court in American life through cases whose names have entered the common parlance-Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

America's Courts and the Criminal Justice System

David W. Neubauer

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Customer Reviews:
Total reviews: 1 Average rating: 3.0 of 5

Misleading 3 out of 5 stars.
0 of 0 people found this review helpful.

The book I recieved is in very good shape, however it is not the book I wanted. There was no picture, and I assumed, since it said "new" that it was the newest edition. I recieved the 8th edition of the boook instead of the 9th, which is the one i needed.

Editorial Review:

By far the best-selling text in this market, AMERICA'S COURTS focuses on the dynamics of the court by introducing the concept of the "courtroom work group" and the relationship between the three main-actors judge, prosecutor, and defense attorney-thus illustrating the law in action, not just dry theory and facts. Neubauer also uses myriad pedagogical devices which bring the court process to life for students. This text has become a leader because of its comprehensiveness, its focus on dynamics of the process, and its pedagogical features. This new edition is a radical revision, with many new topics, features, and supplements.

Nolo's Deposition Handbook (1st Edition)

Paul Bergman, Albert J. Moore

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Total reviews: 4 Average rating: 4.0 of 5

Editorial Review:

Getting deposed can seem as mysterious and complicated as the tango. What are the right moves? The subtle signals to send? Is it possible to make it through without getting stepped on? The new, easy-to-follow guide to the entire deposition process, The Deposition Handbook is one guide that won't leave users sweaty-handed.

The Deposition Handbook addresses witnesses, parties, experts and non-experts who will have their deposition taken; providing all the information, tips and instructions they need whether or not they are represented by a lawyer. Packed with concrete suggestions and examples, the book explains how to arrange a convenient date, prepare for the deposition and respond to questions with aplomb. The Deposition Handbook even includes the three "golden rules" for answering questions and points out the trick questions lawyers often use to try to influence testimony. Finally, the book discusses the questions one can refuse to answer and how to testify at a videotaped deposition.

The Deposition Handbook provides a separate chapter for experts, which explains the expert's involvement in helping the lawyer to prepare for the deposition. It also covers how the expert should prepare for the deposition and answer questions by the deposing lawyer; and how the other side will try to challenge the expert's opinion and establish that the expert is biased during the deposition.

The Deposition Handbook also addresses anyone who is a pro-se--either a person who wishes to defend her own deposition or the deposition of another person; or to take a deposition herself. Once again, the book explains, with numerous concrete examples and suggestions, how to: schedule and prepare for the deposition; question the witness, make and respond to objections, respond to improper behavior by the other side's lawyer, depose the other side's expert witness, take a videotaped deposition and depose a witness favorable to his or her case to preserve deposition testimony for use at trial.

Written by two UCLA law professors and attorneys, The Deposition Handbook enables anyone who has been deposed to sail through the deposition process smoothly, confidently--and with only one left foot.

A People's History of the Supreme Court

Peter Irons

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Customer Reviews:
Total reviews: 24 Average rating: 4.0 of 5

A Patriotic Triumph of Historiography 5 out of 5 stars.
13 of 18 people found this review helpful.

Peter Irons is an ardent patriot. He believes passionately in the founding promises of America as expressed in the Declaration of Independence and the Constitution, especially the Bill of Rights: "all men are created equal" - "life liberty and the pursuit of happiness" for all people - "justice for all" - "promote the General welfare" - "no law respecting an establishment of religion....or abridging the freedom of speech." With these ideals always in mind, Irons is not hesitant about passing judgement on America and the Americans, in this book on the Supreme Court, when actions are committed or decisions made which fail to fulfill these promises. In other words, Irons is not an impartial, neutral historian. If the reader has dissimilar understandings of the founding promises, she or he may react hostilely to A People's History of the Supreme Court. But that reader especially should make the effort to suspend judgement and read on. This is a very fine book even if you disagree with it. Irons knows his judicial history well, and he explains the issues of important Supreme Court decisions with amazing clarity. He also treats the key personalities of Supreme Court history with respect, recognizing the greatness even of Justices whose opinions had unfortunate consequences. The only justices he scorns are those who made no contribution.

The first seven chapters of the book describe the battles and compromises that went into the writing of the Constitution and the Bill of Rights, and thereafter into the establishment of the first Supreme Court. We hear a lot about the "intentions" of the founding fathers these days; Irons analyzes what we can and can't be sure of, concerning those intentions, with masterful support from the available sources. He establishes very convincingly that from the start America has been polarized over the intertwined issues of racism and the proper balance of federal authority versus states' rights. Irons clearly defends his interpretation of the Constitution as a document establishing federal authority, but yielding fatal compromises with the usually less-than-admirable demands of states with peculiar institutions. Slavery is of course the biggest and most fatal such compromise, the one that most threatened to destroy the efforts of the Constitution-writers, and the one that the Supreme Court failed to resolve in keeping with the founding promises for the longest time - not making much progress until the Warren Court.

Irons plainly believes that "states' rights" has most frequently been a pretext for reneging on those founding promises of justice and equality. He makes a very good case throughout the book that the federal government has frequently operated just as Madison hoped in his Federalist essays, eventually though painfully imposing justice for all when one or several states denied justice to some. The implication is that the federal government, with its awkward checks and balances, is indeed the guardian of the Constitution and of the American aspirations of liberty and the pursuit of happiness.

The very best section of the book is Section IV: Liberty in a Social Organization. These seven chapters deal with economic justice, beginning with the distressing misuse of the 14th Amendment by the courts and the Supreme Court to impose a feudal system of employer/employee relations on the whole country, to legislate a "laissez-faire" ideology from the bench. Irons makes no bones, by the way, in finding that the Court has always been staffed with "activist" justices. The turning point in modernizing economic democracy - in fulfilling the promise of promoting the General welfare - comes in the New Deal court confrontations between the "horsemen of reaction" and the agents of reform. FDR's threat of `stacking the court' is usually portrayed as one of his most embarrassing failures, but Irons sees it rather as a piece of the drama, an effective tactic perhaps, of compelling the Court to change its ways, to stop representing only the economic interests of capitalists and to address the needs of the whole American people. Irons is not waging a propaganda campaign, however. His accounts of the crucial Court decisions of the 1930s outline the arguments for both sides with precision and balance.

Section V presents the remarkable tale of the Supreme Court turning its attention from issues of property and labor rights to issues of civil liberties. This is the drama of our lifetimes, isn't it? Obviously Irons is fully partisan to the promise of "liberty and justice for all, but once again he depicts the conflicts on the Supreme Court with marvelous clarity.

Section VI will inevitably offend those readers who define themselves as conservative. It narrates the demise of the great consensus of the Warren Court and the subsequent bitter division of the Supreme Court from Nixon to Clinton. Irons quite openly regards the Republican appointed reactionary justices as attempting to renege once more on those lovely founding promises. Still I urge conservative readers to let Irons make his case before ranting against it. He writes very well. It's an entertaining book to hate, if that's your choice after reading it.

Editorial Review:

Beginning with the debates over judicial power in the Constitutional Convention of 1787 to controversial rulings on slavery, racial segregation, free speech, school prayer, abortion, and gay rights, constitutional scholar Peter Irons offers a penetrating look at the highest court in the land. Here are revealing sketches of every justice from John Jay to Stephen Breyer, as well as portraits of such legal giants as John Marshall, Oliver Wendell Holmes, Earl Warren, and Thurgood Marshall. Astute, provocative, and extremely accessible, A People's History of the Supreme Court illuminates and pays tribute to a system of justice that both reflects and parallels our country's remarkable legal history.

"Bracing . . . Irons and his book burst with lively and often funny stories that make the history of the institution come alive." --San Francisco Chronicle Book Review

The Oxford Guide to United States Supreme Court Decisions

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Total reviews: 11 Average rating: 4.5 of 5

Editorial Review:

The Supreme Court has been the site of the great debated of American history, from child labor prayer in the schools, to busing and abortion. The Oxford Guide to Untied States Supreme Court Decisions offers lively and insightful accounts of over four hundred of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade.
Here are the landmark decisions that have shaped American life, described by some of our most eminent legal scholars. Arranged alphabetically, each entry provides and up-to-date official citation, the date the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More importantly, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Court's decision, and the case's impact on American society. Kermit Hall has drawn the material primarily from the acclaimed Oxford Companion to the Supreme Court, revising and updating entries where necessary, and he has written 47 new entries covering recent notable cases, including Clinton v. Jones, Shaw v. Reno, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Turner Broadcasting System, Inc. v. FCC. The Guide also features a case index (including all cases mentioned anywhere in the text), a topical index, the Constitution of the United States, an appendix on the Justices, and a legal glossary.
For anyone interested in the great controversies of our time, this invaluable book is a must read--a primer on the epic constitutional battles that have informed American life.

And Justice for Some: An Expose of the Lawyers and Judges Who Let Dangerous Criminals Go Free

Wendy Murphy

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Total reviews: 16 Average rating: 3.0 of 5

Editorial Review:

A scathing exposé of the judges and lawyers who put criminals’ rights ahead of victims’ rights

When Wendy Murphy was a young prosecutor, she learned that the deck is stacked in favor of criminal defendants. Between their arrest and (potential) conviction, murderers, rapists, and drug dealers get more than a fair shake—they get an unfair advantage, often at the expense of their victims.

In many states, for instance, defendants can subpoena a victim’s private medical and counseling files, without any justification. They can threaten victims with brutal cross-examinations if they dare to testify. They can put on "dog and pony show" defenses that have nothing to do with the truth—and even lie under oath with virtually no risk of being prosecuted for perjury.

These kinds of injustices make Murphy fighting mad. She’s made it her mission to help the victims who get the least protection from our twisted legal system. And in her first book, she guides readers through one horror story after another about judges and lawyers who bend over backward to let the worst offenders go free.

You’ll meet judges who unapologetically declare that they care more about their liberal ideology than about the pain and suffering of abuse victims. Judges who let child molesters walk free because they’re "too frail" to go to prison. Defense attorneys who take big money from wealthy child molesters, then twist the Bill of Rights beyond recognition. And even a few prosecutors who go easy on criminals for their own selfish reasons.

Murphy’s true stories will shock you, but they will also inspire you to join the fight for a more rational system. This is an important book that is sure to infuriate America’s legal establishment.

The Betrayal of America: How the Supreme Court Undermined the Constitution and Chose Our President

Vincent Bugliosi, Gerry Spence

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Customer Reviews:
Total reviews: 217 Average rating: 3.5 of 5

Right Result, Wrong Reasoning 2 out of 5 stars.
7 of 10 people found this review helpful.

I voted for Al Gore in 2000 and wish that he were finishing his second term as President at this time. However, if you put partisan emotions aside and look at the full legal context of that election, it is clear that Bush was the legally elected President.

Article II of the Constitution gives state legislatures the authority to appoint electors to the electoral college, using whatever criteria each legislature establishes. In the early days of the Republic, most legislatures chose all electors themselves, by majority vote. Over time, other criteria were used, until now all 50 states award electors based on the results of the popular vote. With only one or two exceptions (I forget which states), the candidate with the highest popular vote in a given state gets ALL of that state's electoral votes.

For many decades, Florida has followed this procedure to award its electoral votes. But Florida election laws clearly state that the state legislature has the right to set aside the results of the popular vote totals; the legislature may then directly award, by majority vote of all legislators, the electoral votes to whichever candidate it chooses. In 2000, both Houses of the Florida legislature had solid Republican majorities. The Republican leaders of both bodies (and the Republican governor, Jeb Bush), clearly stated that, if necessary, they would call a special legislative session to award ALL Florida electors to George W. Bush.

Had that scenario occurred, here is what would likely have played out. On the day that Congress was scheduled to count the electoral votes, the Gore operatives would have challenged the Florida electoral count. Existing FEDERAL election laws would then have become operative. The Republican U.S. House majority would have awarded the electoral votes to Bush. The U.S. Senate would have voted 51-50 to award the electoral votes to Gore, with then Vice President Gore casting the tiebreaking vote in his favor. Federal law states that if the Senate and House award electors to different candidates, the governor of the state in question has the right to break the tie and award the electors to the candidate he so chooses. The Florida governor in 2000...Jeb Bush, George W.'s brother. In a last ditch effort to salvage the election for Gore, the Florida Supreme Court would probably have tried to use their powers of judicial review to thwart this scenario, by claiming that a state Supreme Court has authority to review all acts of its own legislature. However, the U.S. Supreme Court would certainly have ruled that the U.S. Constitution unequivocally gives the power to select electors (by whichever method it chooses) to state legislatures, outside the scope of state court judicial review - and by more than a 5-4 vote.

So there you have it, folks. Lament all you want over what federal election laws should be, bash the electoral college, lambaste the confusing "butterfly" ballots in south Florida, criticize the flimsy equal protection arguments of the 5 or 7 justices, etc. But all partisan feelings aside, George W. Bush was the legitimately, constitutionally elected winner of the 2000 Presidential election. All other legal reasonings in this book make for nice academic discussions, but are beside the point in any practical sense.

Editorial Review:

During the course of American history, wrongful events have occurred and certain Americans have stood up and spoken out against these wrongs: Tom Paine, Edward R. Murrow, Daniel Ellsberg. Vincent Bugliosi takes his place in this special pantheon of patriots with his powerful, brilliant, and courageous expose of crime by the highest court in the land. When an article he wrote on this topic appeared in The Nation magazine in February 2001, it drew the largest outpouring of letters and e-mail in the magazine's 136-year history, tapping a deep reservoir of outrage. The original article is now expanded, amended, and backed by amplifications, endnotes, and the relevant Supreme Court documents.

Fight Your Ticket & Win in California

David Wayne Brown

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Customer Reviews:
Total reviews: 27 Average rating: 4.5 of 5

Only 1 out of every 50 traffic tickets are disputed 5 out of 5 stars.
4 of 4 people found this review helpful.

Police officers know this statistic and that's one reason why they write tickets that they know wouldn't hold water! That's one of the points in this book. But more importantly the author explains clearly exactly what vehicle code you've been accused of and how you might benefit from disputing it. For example: the most common vehicle code violation in California is Section 22350. Do you know what that means? The author explains it in an easy to understand way. There are something like 5 conditions that have to be met to prove your guilt (I don't have the book right in front of me at the moment). He also explains that ALL of the conditions of Section 22350 have to be met in order for you to be found guilty. Not one or most of the conditions, but ALL of them. I found it pretty easy to get out of one of the conditions and the judge had no choice but to dismiss the charge.

First thing that happens is the officer is given a chance to say his part. He rants on and on about how he's the radar god, the gun was calibrated that morning, blah blah blah. Then it's your turn. Yes you're nervous, but you're also prepared! I said that I didn't dispute the radar's accuracy or the officer's ability to use it, and went on to my defense using the information learned in the book. I highly recommend it. For me, it was worth every penny...and another $421 on top of that ;-)

Editorial Review:

Thousands of Californians have used this book to win their traffic court cases!

A traffic conviction can add hundreds of dollars to your yearly auto insurance premiums. Fight Your Ticket & Win in California shows you how to handle your case in traffic court, get the right kind of hearing and win.

Attorney David Brown provides you with the detailed tactics you need to:

prepare and present your evidence

argue before a judge

cross-examine a police officer's testimony

get your case dismissed

appeal a decision

determine the consequences of your violation

The 12th edition provides the latest legal information, including fines and penalties.

Gilbert Law Summaries on Federal Courts (Gilbert Law Summaries)

William A. Fletcher

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Editorial Review:

The Federal Courts ouline discusses Article III courts, the case or controversy ;requirement, justiciability, advisory opinions, political questions, and ripeness. Also includes mootness, standing, congressional power over federal court jurisdiction, Supreme Court jurisdiction, district court subject matter jurisdiction (including federal question jurisdiction and diversity jurisdiction), and pendent and ancillary jurisdiction. Other topics include removal jurisdiction, venue, forum non conveniens, law applied in the federal courts (including Erie Doctrine), federal law in the state courts, abstention, habeas corpus for state prisoners, federal injunctions against state court proceedings, and Eleventh Amendment.

Everybody's Guide to Small Claims Court in California

Ralph Warner, Emily Doskow

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Total reviews: 6 Average rating: 5.0 of 5

Editorial Review:

The only guide to California Small Claims Court that provides tips by former judges!

The definitive guide to California Small Claims Court for more than 25 years, this plain-English guide gives you step-by-step instructions to bring or defend your case --from preparing evidence and lining up persuasive witnesses, to making a presentation in court and collecting the money you're awarded.

Everybody's Guide to Small Claims Court in California shows you how to:

decide if you have a winning case

mediate a settlement if possible

determine how much to sue for

write your demand letter

file and serve papers

prepare evidence and witnesses for court

plan a winning courtroom strategy

convince the judge that you are right

collect your money when you win

With a proven sales record over the last 20-plus years, the 17th edition -- updated with the new notarization requirements for California and the ruling on Security Deposit Interest for California Landlords in Rent Control Cities also explains how to handle disputes involving Internet transactions.

Go after the money that's owed you -- represent yourself in small claims court and win!