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.

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.

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

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.

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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Winner, 2019 Global Legal Skills Book Award, given by the Global Legal Skills Conference 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.

A System of Pleas
A System of Pleas

Author: Vanessa A. Edkins

Publisher: Oxford University Press

Published: 2019-03-06

Total Pages: 278

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.

Anthropology and Law
Anthropology and Law

Author: Mark Goodale

Publisher: NYU Press

Published: 2017-05-02

Total Pages: 429

ISBN-13: 1479836850

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An introduction to the anthropology of law that explores the connections between law, politics, and technology From legal responsibility for genocide to rectifying past injuries to indigenous people, the anthropology of law addresses some of the crucial ethical issues of our day. Over the past twenty-five years, anthropologists have studied how new forms of law have reshaped important questions of citizenship, biotechnology, and rights movements, among many others. Meanwhile, the rise of international law and transitional justice has posed new ethical and intellectual challenges to anthropologists. Anthropology and Law provides a comprehensive overview of the anthropology of law in the post-Cold War era. Mark Goodale introduces the central problems of the field and builds on the legacy of its intellectual history, while a foreword by Sally Engle Merry highlights the challenges of using the law to seek justice on an international scale. The book’s chapters cover a range of intersecting areas including language and law, history, regulation, indigenous rights, and gender. For a complete understanding of the consequential ways in which anthropologists have studied, interacted with, and critiqued, the ways and means of law, Anthropology and Law is required reading.

Law 101
Law 101

Author: Jay Feinman

Publisher: Oxford University Press

Published: 2014-08-01

Total Pages: 377

ISBN-13: 0199341702

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In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing

On the Laps of Gods
On the Laps of Gods

Author: Robert Whitaker

Publisher: Crown

Published: 2009-06-23

Total Pages: 418

ISBN-13: 0307339831

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They Shot Them Down Like Rabbits . . . September 30, 1919. The United States teetered on the edge of a racial civil war. During the previous three months, racial fighting had erupted in twenty-five cities. And deep in the Arkansas Delta, black sharecroppers were meeting in a humble wooden church, forming a union and making plans to sue their white landowners. A car pulled up outside the church . . . What happened next has long been shrouded in controversy. In this heartbreaking but ultimately triumphant story of courage and will, journalist Robert Whitaker carefully documents–and exposes–one of the worst racial massacres in American history. On the Laps of Gods is the story of the 1919 Elaine massacre in Hoop Spur, Arkansas, during which white mobs and federal troops killed more than one hundred black men, women, and children; of the twelve black men subsequently condemned to die; of Scipio Africanus Jones, a former slave and tenacious black attorney; and of Moore v. Dempsey, the case Jones brought to the Supreme Court, which set the legal stage for the civil rights movement half a century later.