The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System

Author: Benjamin H. Barton

Publisher: Cambridge University Press

Published: 2010-12-31

Total Pages: 313

ISBN-13: 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.


Crusader for Justice

Crusader for Justice

Author: Trevor W. Coleman

Publisher: Wayne State University Press

Published: 2013-11-15

Total Pages: 370

ISBN-13: 0814338461

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A complete biography of one of the seminal figures in American jurisprudence. The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Along the way, the authors consult a host of Keith's notable friends and colleagues, including former White House deputy counsel John Dean, Supreme Court Justice Clarence Thomas, and industrialist Edsel Ford II for this candid and comprehensive volume. Hammer and Coleman trace Keith's early life, from his public school days in Detroit to his time serving in the segregated U.S. army and his law school years at Howard University at the dawn of the Civil Rights era. They reveal how Keith's passion for racial and social justice informed his career, as he became co-chairman of Michigan's first Civil Rights Commission and negotiated the politics of his appointment to the federal judiciary. The authors go on to detail Keith's most famous cases, including the Pontiac Busing and Hamtramck Housing cases, the 1977 Detroit Police affirmative action case, the so-called Keith Case (United States v. U.S. District Court), and the Detroit Free Pressv. Ashcroft case in 2002. They also trace Keith's personal commitment to mentoring young black lawyers, provide a candid look behind the scenes at the dynamics and politics of the Sixth Circuit Court of Appeals, and even discuss some of Keith's difficult relationships, for instance with the Detroit NAACP and Supreme Court Justice Clarence Thomas. Judge Keith's forty-five years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction in Crusader for Justice.


Judge Richard S. Arnold

Judge Richard S. Arnold

Author: Polly J. Price

Publisher: Prometheus Books

Published: 2009-09-25

Total Pages: 468

ISBN-13: 161592101X

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Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.


Disrobed

Disrobed

Author: Frederic Block

Publisher: Thomson Reuters

Published: 2012

Total Pages: 0

ISBN-13: 9780314606624

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The book was written for the general public in an effort to explain, in practical terms, the perspective behind some of the most newsworthy and sensatinal cases of the last 20 years. The Judge discusses the death penalty, racketeering, gun laws,drug laws, discrimination laws, race riots, terrorism, and foreign affairs, as well as the more humble aspects of being a man on the bench.


All Rise

All Rise

Author: Louise Ann Fisch

Publisher: Texas A&M University Press

Published: 1996

Total Pages: 252

ISBN-13: 9780890967133

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As an emerging power broker in the predominantly Anglo establishment, Garza personified the new elite in the Mexican American community and in the Democratic Party.


Great American Judges [2 volumes]

Great American Judges [2 volumes]

Author: John R. Vile

Publisher: Bloomsbury Publishing USA

Published: 2003-06-23

Total Pages: 1031

ISBN-13: 1576079902

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Inspiring and instructive biographies of the 100 most influential judges from state and federal courts in one easy-to-access volume. Great American Judges profiles 100 outstanding judges and justices in a full sweep of U.S. history. Chosen by lawyers, historians, and political scientists, these men and women laid the foundation of U.S. law. A complement to Great American Lawyers, together these two volumes create a complete picture of our nation's top legal minds from colonial times to today. Following an introduction on the role of judges in American history are A–Z biographical entries portraying this diverse group from extraordinarily different backgrounds. Students and history enthusiasts will appreciate the accomplishments of these role models and the connections between their inspiring lives and their far-reaching legal decisions. William Rehnquist, Oliver Wendell Holmes, Jr., and 12 other Supreme Court justices are found alongside federal judges like Skelly Wright, who ordered school desegregation in 1960. Influential state judges such as Rose Elizabeth Bird, California's first woman Supreme Court Chief Justice, are also featured.


Henry Friendly, Greatest Judge of His Era

Henry Friendly, Greatest Judge of His Era

Author: David M. Dorsen

Publisher: Harvard University Press

Published: 2012-04-10

Total Pages: 513

ISBN-13: 0674064933

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Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.