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Author: Richard L. Hasen
Publisher: Yale University Press
Published: 2018-03-20
Total Pages: 245
ISBN-13: 0300228643
DOWNLOAD EBOOKAn eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
Author: John H. Langbein
Publisher: Oxford University Press, USA
Published: 2003
Total Pages: 378
ISBN-13: 0199258880
DOWNLOAD EBOOKThe lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Author: David Jardine
Publisher:
Published: 1835
Total Pages: 438
ISBN-13:
DOWNLOAD EBOOKAuthor: Shenequa L. Grey
Publisher:
Published: 2015
Total Pages: 0
ISBN-13: 9781611638196
DOWNLOAD EBOOKAn Anatomy of Louisiana Evidence Law is the first of its kind in Louisiana, representing a new trend in law school casebooks across the country. Much more than just a compilation of cases and notes, this book is a complete coursebook. It presents a detailed, thorough, and comprehensive examination of the law of evidence through the use of concise commentary and a number of pedagogical elements designed to both reinforce legal principles and to help bridge the ever-widening gap between law school theory and practice. This exceptionally organized casebook covers the entire Louisiana Code of Evidence with a treatise-like explanation of the legal principles, written in a reader friendly style. The casebook includes both Louisiana cases and select U.S. Supreme Court cases directly affecting Louisiana law with discussion questions to assist students in understanding the cases and concepts in each section. Reinforced by a summary of key points, students are presented with a straightforward presentation of the law, designed to better equip them to more fully engage in classroom lectures and discussion. This style of presentation of the law is coupled with numerous opportunities for application with over 400 original problems and practical application exercises. Throughout the book are comparisons of major distinctions between the Louisiana Code of Evidence and the Federal Rules of Evidence and a discussion of public policy concerns underlying the evidentiary principles to serve as a guide to understanding how the law should be applied and to better understand many of the distinctions in the state and federal laws.
Author: John H. Langbein
Publisher: The Lawbook Exchange, Ltd.
Published: 2005
Total Pages: 336
ISBN-13: 1584775777
DOWNLOAD EBOOKOur present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut für Europäische Rechtsgeschichte and the Max-Planck-Institut für Ausländisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991).
Author: Anoosha Rouhanian
Publisher: Novel Audio
Published:
Total Pages: 72
ISBN-13:
DOWNLOAD EBOOKIn 2004, the U.S. Supreme Court held in Crawford v. Washington that testimonial hearsay is inadmissible at trial unless the declarant is available for cross-examination. Courts have subsequently struggled to define “testimonial hearsay,” but have often vaguely defined it as an out-of-court statement made for the primary purpose of establishing past events for use in future prosecution. Although Crawford intended to protect a defendant’s Sixth Amendment right to confrontation, in doing so, it overlooked the holding’s detrimental effects on two particular types of victims: domestic violence and rape victims. Under Crawford, domestic violence and rape victims’ out-of-court statements are likely to be considered testimonial because the sensitive and personal nature of these incidents often results in substantial deliberation prior to any declaration, as opposed to the impromptu declarations made during so-called ongoing emergencies. In turn, these statements are likely viewed as made for future prosecution. Moreover, domestic violence and rape victims have especially compelling and uniquely fragile psychological reasons to be unavailable for cross-examination, including being at risk at for re-traumatization. Yet, despite these reasons, Crawford still places pressure on these victims to be cross-examined in front of their perpetrators because testimonial hearsay evidence is often determinative in these types of trials, and thus an unavailable victim would lead to an increased likelihood of the perpetrator escaping conviction. This sensitivity and consequential unreliability surrounding the admissibility of testimonial hearsay upon which domestic violence and rape cases rely also disincentives prosecutors from pursuing these cases, further exacerbating the unlikelihood of conviction. To alleviate the detrimental impacts that Crawford has on both victims and trials, this Article suggests that Crawford’s essential terminology must be narrowly defined, exceptions to the ruling must be expanded upon, and victims must be adequately safeguarded.
Author: Matthew B. Crawford
Publisher: HarperCollins
Published: 2020-06-09
Total Pages: 368
ISBN-13: 0062741985
DOWNLOAD EBOOKA brilliant and defiant celebration of driving as a unique pathway of human freedom, by "one of the most influential thinkers of our time" (Sunday Times) "Why We Drive weaves philosophers, thinkers, and scientific research with shade-tree mechanics and racers to defend our right to independence, making the case that freedom of motion is essential to who we are as a species. ... We hope you'll read it." —Road & Track Once we were drivers, the open road alive with autonomy, adventure, danger, trust, and speed. Today we are as likely to be in the back seat of an Uber as behind the wheel ourselves. Tech giants are hurling us toward a shiny, happy “self-driving” future, selling utopia but equally keen to advertise to a captive audience strapped into another expensive device. Are we destined, then, to become passengers, not drivers? Why We Drive reveals that much more may be at stake than we might think. Ten years ago, in the New York Times-bestselling Shop Class as Soulcraft, philosopher-mechanic Matthew B. Crawford—a University of Chicago PhD who owned his own motorcycle shop—made a revolutionary case for manual labor, one that ran headlong against the pretentions of white-collar office work. Now, using driving as a window through which to view the broader changes wrought by technology on all aspects of contemporary life, Crawford investigates the driver’s seat as one of the few remaining domains of skill, exploration, play—and freedom. Blending philosophy and hands-on storytelling, Crawford grounds the narrative in his own experience in the garage and behind the wheel, recounting his decade-long restoration of a vintage Volkswagen as well as his journeys to thriving automotive subcultures across the country. Crawford leads us on an irreverent but deeply considered inquiry into the power of faceless bureaucracies, the importance of questioning mindless rules, and the battle for democratic self-determination against the surveillance capitalists. A meditation on the competence of ordinary people, Why We Drive explores the genius of our everyday practices on the road, the rewards of “folk engineering,” and the existential value of occasionally being scared shitless. Witty and ingenious throughout, Why We Drive is a rebellious and daring celebration of the irrepressible human spirit.
Author: Judge Jeffrey S. Sutton
Publisher: Oxford University Press
Published: 2018-05-07
Total Pages: 297
ISBN-13: 0190866063
DOWNLOAD EBOOKWhen 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.
Author: Geoffrey Gilbert
Publisher:
Published: 1788
Total Pages: 378
ISBN-13:
DOWNLOAD EBOOKAuthor: Kate Crawford
Publisher: Yale University Press
Published: 2021-04-06
Total Pages: 336
ISBN-13: 0300209576
DOWNLOAD EBOOKThe hidden costs of artificial intelligence, from natural resources and labor to privacy and freedom What happens when artificial intelligence saturates political life and depletes the planet? How is AI shaping our understanding of ourselves and our societies? In this book Kate Crawford reveals how this planetary network is fueling a shift toward undemocratic governance and increased inequality. Drawing on more than a decade of research, award-winning science, and technology, Crawford reveals how AI is a technology of extraction: from the energy and minerals needed to build and sustain its infrastructure, to the exploited workers behind "automated" services, to the data AI collects from us. Rather than taking a narrow focus on code and algorithms, Crawford offers us a political and a material perspective on what it takes to make artificial intelligence and where it goes wrong. While technical systems present a veneer of objectivity, they are always systems of power. This is an urgent account of what is at stake as technology companies use artificial intelligence to reshape the world.
