Author: David Luban
Publisher: Princeton University Press
ISBN: 9780691022901
Category : Law
Languages : en
Pages : 484
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Book Description
The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.
Author: Alec Karakatsanis
Publisher:
ISBN: 9781620979143
Category : Law
Languages : en
Pages : 0
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Book Description
A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.
Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Category : Law
Languages : en
Pages : 264
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Book Description
Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.
Author: David Mellinkoff
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1036
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Book Description
Author: Alec Karakatsanis
Publisher: The New Press
ISBN: 1620975289
Category : Law
Languages : en
Pages : 130
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Book Description
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.
Author: Michael Ross Fowler
Publisher: Pearson
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
This book carefully and realistically introduces and evaluates American law by combining elements of the theoretical with elements of the practical. It examines the overall nature of modern American justice--both civil and criminal--focusing the reader's attention on fundamental principals and drawing comparisons between the U.S. and foreign legal systems. In describing the processes, participants and institutions of the American judicial system, coverage emphasizes the objectives of each figure at each stage, the strategies that are employed, and the social benefits and drawbacks that accrue from their efforts.
Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198
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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 0190286660
Category : Law
Languages : en
Pages : 272
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Book Description
"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.
Author: Thomas R. Van Dervort
Publisher: Aspen Publishing
ISBN: 1454860278
Category : Law
Languages : en
Pages : 912
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Book Description
Designed to teach the basics needed to prepare students for any role in the legal system, Law and the Legal System engages students through the use of examples and practical applications of legal principles. Whether they are interested in pursuing legal careers as lawyers or paralegals, or political science careers, or criminal justice interests, students are provided a basic understanding of the law and how to find it. Mock trial experiences are encouraged, and each chapter involves the student in exercises that review understanding of legal terms and concepts. Six cases in an appendix illustrate basic concepts, and hypothetical cases showcase the inner workings of the judicial system in both criminal and civil cases. Internet sources, key terms, case excerpts, research assignments, review exercises and discussion questions help students reinforce the key concepts in each chapter, and suggested activities engage students in discovery projects. Thoroughly updated, the revised Third Edition expands coverage with new chapters on Legal Research and Writing, Tort Law, Contract Law, Family Law, Employment Law, and Equal Protection Law. Careful updating of information throughout the book includes refreshed Internet references to the text. Hallmark features of An Introduction to Law and Legal Studies in the United States: Solid overview of the system of law and government Readability, accessibility Provides the basics for any role in the legal system lawyer or paralegal career political science or criminal justice work Practical applications to engage students with legal principles mock trial experiences encouraged chapter exercises review legal terms and concepts activities engage students in discovery projects Five part structure, comprehensive coverage Basic Legal Concepts Substantive Civil Law Civil Law Procedure Criminal Law Procedure Administrative Due Process Six cases illustrate major basic concepts Explains difficult legal concepts in a reader-friendly format Hypothetical cases reveal workings of judicial system in both criminal and civil cases Differentiates civil, criminal, and administrative due process Discusses history as well as contemporary state of law and current controversies Pedagogically rich Internet sources key terms case excerpts research assignments review exercises discussion questions Thoroughly updated, the revised Third Edition presents: New chapters Legal Research and Writing Tort Law Contract Law Family Law Employment Law Equal Protection Law Updated Internet references New material, brought completely up-to-date
Author:
Publisher:
ISBN:
Category : Agriculture
Languages : en
Pages : 28
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Book Description
