The Law of Law School

The Law of Law School

Author: Andrew Guthrie Ferguson

Publisher: NYU Press

Published: 2020-04-07

Total Pages: 191

ISBN-13: 1479801623

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Offers one hundred rules that every first year law student should live by “Dear Law Student: Here’s the truth. You belong here.” Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.


Whose Monet?

Whose Monet?

Author: John A. Humbach

Publisher: Aspen Publishing

Published: 2016-01-31

Total Pages: 219

ISBN-13: 1454876166

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This extraordinary paperback provides a highly accessible and appealing orientation to the American legal system and presents basic concepts of civil litigation to first-year law students. Whose Monet? An Introduction to the American Legal System focuses on a lengthy dispute over the ownership of a painting as a vehicle for introducing students to the basic law school tasks of reading analytically, understanding legal materials, and working with the common law. The author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness: Whose Monet? can be used as primary course material in orientation courses or seminars, as well as collateral reading for in-semester Legal Process or Civil Procedure courses The organization is logical and straightforward and the accessible writing style--lucid, descriptive, and conversational--is ideal for incoming students The major events in a lawsuit are considered, and the text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law and the various courts and their interrelationship (trial/appellate, state/federal) The author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible Telling the story of a real lawsuit (DeWeerth v. Baldinger)--from client intake through trial and various appeals--draws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors The lawyer's role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do? This book is suitable for both classroom and stand-alone assigned reading


Peculiar Institution

Peculiar Institution

Author: David Garland

Publisher: Harvard University Press

Published: 2011-02-01

Total Pages: 428

ISBN-13: 0674058488

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The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.


A System of Pleas

A System of Pleas

Author: Vanessa A. Edkins

Publisher: Oxford University Press

Published: 2019-03-06

Total Pages: 240

ISBN-13: 0190689269

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Over 95% of criminal convictions are by guilty plea. Trials are the rarity, and while much has been written on jury decision making and various parts of the trial process, the field has been largely silent on the practice that is most likely to affect an individual charged with a crime: plea bargaining. A System of Pleas: Social Science's Contributions to the Real Legal System brings together into one resource the burgeoning body of research on plea bargaining. Drawing attention to the fact that convictions today are nearly synonymous with guilty pleas, this contributed volume begins with an overview and history of plea bargaining, with chapters focusing on defendants, defense attorneys and prosecutors and plea bargains; influences on plea decision-making, including race, juvenile justice system involvement, and innocence; and the results of a "system of pleas", such as sentencing disparities and mass incarceration, collateral consequences, and disenfranchisement. A concluding chapter by the volume's editors examines ways to move forward within an entrenched system. An excellent reference tool for furthering both research and practice, A System of Pleas is a must-have for academics and legal professionals interested in the fields of criminal justice, psychology and law, and related disciplines.


Not Enough

Not Enough

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2018-04-10

Total Pages: 297

ISBN-13: 067498482X

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“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books


The Democracy Sourcebook

The Democracy Sourcebook

Author: Robert A. Dahl

Publisher: MIT Press

Published: 2003-08-15

Total Pages: 580

ISBN-13: 9780262541473

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The Democracy Sourcebook offers a collection of classic writings and contemporary scholarship on democracy, creating a book that can be used by undergraduate and graduate students in a wide variety of courses, including American politics, international relations, comparative politics, and political philosophy. The editors have chosen substantial excerpts from the essential theorists of the past, including Jean-Jacques Rousseau, John Stuart Mill, Alexis de Tocqueville, and the authors of The Federalist Papers; they place them side by side with the work of such influential modern scholars as Joseph Schumpeter, Adam Przeworski, Seymour Martin Lipset, Samuel P. Huntington, Ronald Dworkin, and Amartya Sen. The book is divided into nine self-contained chapters: "Defining Democracy," which discusses procedural, deliberative, and substantive democracy; "Sources of Democracy," on why democracy exists in some countries and not in others; "Democracy, Culture, and Society," about cultural and sociological preconditions for democracy; "Democracy and Constitutionalism," which focuses on the importance of independent courts and a bill of rights; "Presidentialism versus Parliamentarianism"; "Representation," discussing which is the fairest system of democratic accountability; "Interest Groups"; "Democracy's Effects," an examination of the effect of democracy on economic growth and social inequality; and finally, "Democracy and the Global Order" discusses the effects of democracy on international relations, including the propensity for war and the erosion of national sovereignty by transnational forces.


Standing Up for Justice

Standing Up for Justice

Author: Theodor Meron

Publisher: Oxford University Press

Published: 2021-03-25

Total Pages: 280

ISBN-13: 0192608622

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This is a book about international criminal justice written by one of its foremost practitioners and academic thinkers, Judge Theodor Meron. For two decades, Judge Meron has been at the heart of the international criminal justice system, serving as President of the International Criminal Tribunal for the former Yugoslavia (ICTY), President of the International Residual Mechanism for Criminal Tribunals, and a Judge of the Appeals Chambers of the ICTY and the International Criminal Tribunal for Rwanda. Drawing on this experience, and his life and career before serving as an international judge, Judge Meron reflects on some of the key questions facing the international criminal justice system. In the opening chapter, Judge Meron writes vividly about his childhood experiences in Poland during World War II, his education, career with the Israeli Foreign Ministry, and subsequent move into academia in the United States. The book continues with Meron's reflections on what it means to transform from a law professor into an international criminal judge, and shifts focus to the criminal courtroom, addressing topics such as the judicial function, the rule of law, and the principle of fairness in trying atrocity crimes: genocide, crimes against humanity, and war crimes. Judge Meron discusses judicial independence and impartiality in international criminal courts, shedding light on the mystery of judicial decision-making and deliberations. Notably, he addresses the controversial subjects of acquittals and the early release of prisoners. Although acquittals are often seen as a failure of international justice, Judge Meron argues that legal principle must come before any extraneous purpose, however desirable that purpose may be. Finally, the book looks ahead at the challenges facing the future of international justice and accountability, and discusses the all-important question: does international criminal justice work?


Essential Legal English in Context

Essential Legal English in Context

Author: Karen M. Ross

Publisher: NYU Press

Published: 2019-04-11

Total Pages: 236

ISBN-13: 1479854808

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An essential handbook for international lawyers and students Focusing on vocabulary, Essential Legal English in Context introduces the US legal system and its terminology. Designed especially for foreign-trained lawyers and students whose first language is not English, the book is a must-read for those who want to expand their US legal vocabulary and basic understanding of US government. Ross uses a unique approach by selecting legal terms that arise solely within the context of the levels and branches of US government, including terminology related to current political issues such as partisanship. Inspired by her students’ questions over her years of teaching, she includes a vast collection of legal vocabulary, concepts, idioms, and phrasal verbs and unpacks concepts embedded in US case law, such as how the US constitutional separation of powers may affect a court’s interpretation of the law. The handbook differentiates basic terms in civil and criminal cases and compares terms that may seem similar because of close spellings but in fact have different meanings. For instance, what is the distinction between “taking the stand” and “taking a stand?” What is the difference between “treaties” and “treatises”? Featuring illustrations and hands-on exercises, Essential Legal English in Context is a valuable self-study resource for those who want to improve their legal English terminology before entering a US law school, studying US law or government, or working as a seconded attorney to a US law firm. Instructors can use the handbook in an introductory US legal English course.


Struggling for Air

Struggling for Air

Author: Richard L. Revesz

Publisher: Oxford University Press

Published: 2016

Total Pages: 233

ISBN-13: 0190233117

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Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.