Criminal Procedure from Arrest to Appeal
Criminal Procedure from Arrest to Appeal

Author: Lester B. Orfield

Publisher: The Lawbook Exchange, Ltd.

Published: 2015-05-15

Total Pages: 0

ISBN-13: 9781584775225

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This study was first published as part of the influential Judicial Administration series published under the auspices of the National Conference of Judicial Councils. Originally published: New York: New York University Press, 1947. xxxi, 614 pp. "Lest its title lead to any misunderstanding as to the nature of this work, it should be observed that this volume is not a text book or a treatise on criminal procedure. It is a survey and a critique of the existing criminal procedure in England and the United States from an operative or practical standpoint, with an analysis of its desirable features and a scrutiny of its defects. The book is obviously a product of exhaustive research. Its material is exceedingly well classified and organized, and it gives the reader a clear understanding of the manner in which criminal justice is administered." -- ALEXANDER HOLTZOFF, 16 George Washington Law Review 155 1947-1948 "[L]awyers who practice in criminal courts and those who are interested in the improvement of a very vital part of the administration of justice will find this volume both interesting and instructive. Professor Orfield has presented us with a fine piece of constructive scholarship which must be considered in the light of his purpose and method, which consists of tracing the history of the subject, stating the law briefly and offering sound standards of reform." --LLOYD P. STRYKER, Columbia Law Review 1267 1948 LESTER BERNHARDT ORFIELD [1904-1989] was a professor at the University of Nebraska Law School from 1929-1947, Temple University from 1947- 1952 and Indiana University's Indianapolis Law School from 1952 until his retirement in 1968. His books include the six-volume set Criminal Procedure Under the Federal Rules (1966-1967), Criminal Appeals in America (1939), The Amending of the Federal Constitution (1942), The Growth of Scandinavian Law (1953) and Cases on International Law (second edition 1965).

Judging Inequality
Judging Inequality

Author: James L. Gibson

Publisher: Russell Sage Foundation

Published: 2021-08-31

Total Pages: 379

ISBN-13: 161044907X

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Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

A Renegade History of the United States
A Renegade History of the United States

Author: Thaddeus Russell

Publisher: Simon and Schuster

Published: 2011-07-05

Total Pages: 402

ISBN-13: 1416576134

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From the Publisher: In this groundbreaking book, noted historian Thaddeus Russell tells a new and surprising story about the origins of American freedom. Rather than crediting the standard textbook icons, Russell demonstrates that it was those on the fringes of society whose subversive lifestyles helped legitimize the taboo and made America the land of the free. In vivid portraits of renegades and their "respectable" adversaries, Russell shows that the nation's history has been driven by clashes between those interested in preserving social order and those more interested in pursuing their own desires - insiders versus outsiders, good citizens versus bad. The more these accidental revolutionaries existed, resisted, and persevered, the more receptive society became to change. Russell brilliantly and vibrantly argues that it was history's iconoclasts who established many of our most cherished liberties. Russell finds these pioneers of personal freedom in the places that usually go unexamined - saloons and speakeasies, brothels and gambling halls, and even behind the Iron Curtain. He introduces a fascinating array of antiheroes: drunken workers who created the weekend; prostitutes who set the precedent for women's liberation, including "Diamond Jessie" Hayman, a madam who owned her own land, used her own guns, provided her employees with clothes on the cutting-edge of fashion, and gave food and shelter to the thousands left homeless by the 1906 San Francisco earthquake; there are also the criminals who pioneered racial integration, unassimilated immigrants who gave us birth control, and brazen homosexuals who broke open America's sexual culture. Among Russell's most controversial points is his argument that the enemies of the renegade freedoms we now hold dear are the very heroes of our history books - he not only takes on traditional idols like John Adams, Thomas Jefferson, Andrew Carnegie, John Rockefeller, Thomas Edison, Franklin Roosevelt, and John F. Kennedy, but he also shows that some of the most famous and revered abolitionists, progressive activists, and leaders of the feminist, civil rights, and gay rights movements worked to suppress the vibrant energies of working-class women, immigrants, African Americans, and the drag queens who founded Gay Liberation. This is not history that can be found in textbooks - it is a highly original and provocative portrayal of the American past as it has never been written before.

The Island at the Center of the World
The Island at the Center of the World

Author: Russell Shorto

Publisher: Vintage

Published: 2005-04-12

Total Pages: 418

ISBN-13: 1400096332

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In a riveting, groundbreaking narrative, Russell Shorto tells the story of New Netherland, the Dutch colony which pre-dated the Pilgrims and established ideals of tolerance and individual rights that shaped American history. "Astonishing . . . A book that will permanently alter the way we regard our collective past." --The New York Times When the British wrested New Amsterdam from the Dutch in 1664, the truth about its thriving, polyglot society began to disappear into myths about an island purchased for 24 dollars and a cartoonish peg-legged governor. But the story of the Dutch colony of New Netherland was merely lost, not destroyed: 12,000 pages of its records–recently declared a national treasure–are now being translated. Russell Shorto draws on this remarkable archive in The Island at the Center of the World, which has been hailed by The New York Times as “a book that will permanently alter the way we regard our collective past.” The Dutch colony pre-dated the “original” thirteen colonies, yet it seems strikingly familiar. Its capital was cosmopolitan and multi-ethnic, and its citizens valued free trade, individual rights, and religious freedom. Their champion was a progressive, young lawyer named Adriaen van der Donck, who emerges in these pages as a forgotten American patriot and whose political vision brought him into conflict with Peter Stuyvesant, the autocratic director of the Dutch colony. The struggle between these two strong-willed men laid the foundation for New York City and helped shape American culture. The Island at the Center of the World uncovers a lost world and offers a surprising new perspective on our own.

Pursuing the Horizon
Pursuing the Horizon

Author: Russell Canan

Publisher:

Published: 2020-08-20

Total Pages:

ISBN-13: 9781946074324

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Pursuing the Horizon offers a collection of essays and courtroom stories from an activist, death penalty lawyer, and Washington, D.C. judge struggling to seek justice in the courtroom, in the fields where migrant farmworkers toil and in the rice paddies of Vietnam. The book explores justice in all its forms from freedom for beaten migrant farmworkers in the shadow of the Ku Klux Klan, to life itself in a death row plea for mercy before Governor George Wallace of Alabama only to witness the client killed in a botched execution in the electric chair that shocked the world. Justice from the other side of the bench looks at the challenge for a judge wrestling with the age-old quandary of whether the ends justify the means when strictly following the law would result in a miscarriage of justice. The author must make the wrenching decision as to whether to terminate life support to allow a woman die with dignity when family members have different views of the right to live and right to die. The elusive search for justice follows the judge to a high profile murder trial for the killing of a prominent Georgetown writer by her fabulist husband posing as an Iraqi general all the while conning a Vice President, Supreme Court justice and elite journalists that led to the Hollywood movie Georgetown, starring Christoph Waltz and Vanessa Redgrave. Finally, the journey takes the author to Vietnam where he seeks to pay homage and find reconciliation at the site where his brother was killed in the war. Pursuing the Horizon allows the reader to sample some of the most horrifying, perplexing, and important issues in life and the law, offering the general public, via suspenseful and riveting stories, a rare lens into the daily life and minds of those seeking to achieve justice and those who must live, or sometimes die, with the consequences of their efforts. Justice, like the horizon, always seems to be beyond our grasp. But that can never mean that we should stop pursuing it. This book is about the author's search for justice along with dedicated judges, lawyers, jurors, those accused of crime, those who are the victims of crime, police, social workers, nurses, mental health workers, and the public at large.