Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All

Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All

Author: Robert L. Tsai

Publisher: W. W. Norton & Company

Published: 2024-03-12

Total Pages: 254

ISBN-13: 0393867846

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How four Supreme Court cases in recent years—all argued and won by one indomitable lawyer—are central to the pursuit of equal justice in America. Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial. In Demand the Impossible, Robert L. Tsai traces Bright’s remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court—and won each one, despite facing an increasingly hostile bench. With each victory, he brought to light how the law itself had become corrupted by the country’s thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, inadequate safeguards for people with intellectual disabilities, and the shameful quality of legal representation for the poor. Organized around these four major Supreme Court cases, each narrated in vivid and dramatic detail, Tsai’s essential account explores the racism built into the criminal justice system and the incredible advancements one lawyer and his committed allies made for equal rights. An electrifying work of legal history, Demand the Impossible reveals how change can be won in even the most challenging times and how seemingly small victories can go on to have outsized effects.


Practical Equality: Forging Justice in a Divided Nation

Practical Equality: Forging Justice in a Divided Nation

Author: Robert L. Tsai

Publisher: W. W. Norton & Company

Published: 2019-02-19

Total Pages: 262

ISBN-13: 0393652033

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“A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Eloquence and Reason

Eloquence and Reason

Author: Robert L. Tsai

Publisher: Yale University Press

Published: 2008-12-17

Total Pages: 213

ISBN-13: 030015187X

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This provocative book presents a theory of the First Amendment's development. It reveals the social and institutional processes through which foundational ideas are generated and defends a cultural role for the courts.


Equal Justice

Equal Justice

Author: Frederick Wilmot-Smith

Publisher: Harvard University Press

Published: 2019-10-08

Total Pages: 273

ISBN-13: 0674243730

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A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.


America’s Forgotten Constitutions

America’s Forgotten Constitutions

Author: Robert L. Tsai

Publisher: Harvard University Press

Published: 2014-04-29

Total Pages: 367

ISBN-13: 0674059956

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Robert Tsai’s history invites readers into the circle of defiant groups who refused to accept the Constitution’s definition of who “We the People” are and how their authority should be exercised. It is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists.


Just Pursuit

Just Pursuit

Author: Laura Coates

Publisher: Simon and Schuster

Published: 2022-01-18

Total Pages: 272

ISBN-13: 1982173769

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"A ... true story and ... account of bias in the courtroom from CNN senior legal analyst Laura Coates, recounting her time as a Black female prosecutor for the US Department of Justice"--


Law's Infamy

Law's Infamy

Author: Austin Sarat

Publisher: NYU Press

Published: 2021-12-21

Total Pages: 285

ISBN-13: 1479812080

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"This book takes up the question of whether and how to tell the story of the law's infamy. It examines when and why the word infamy should be used to characterize legal decisions or actions taken in the name of the law. It does so while acknowledging that law's infamy by no means a familiar locution. More commonly the stories we tell of law's failures talk of injustices not infamy. Labelling a legal decision infamous suggests a distinctive kind of injustice, one which is particularly evil or wicked. Doing so means that such a decision cannot be redeemed or reformed; it can only be repudiated"--


Anatomy of Injustice

Anatomy of Injustice

Author: Raymond Bonner

Publisher: Vintage

Published: 2013-01-08

Total Pages: 338

ISBN-13: 0307948544

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From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.