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Brief Of The Cato Institute As Amicus Curiae Supporting Petitioner
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Book Synopsis Plea Bargaining’s Triumph by : George Fisher
Download or read book Plea Bargaining’s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Book Synopsis Cato Handbook for Policymakers by : Cato Institute
Download or read book Cato Handbook for Policymakers written by Cato Institute and published by Cato Institute. This book was released on 2008 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government.
Book Synopsis Jury Nullification by : Clay S. Conrad
Download or read book Jury Nullification written by Clay S. Conrad and published by Cato Institute. This book was released on 2013-12-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c
Book Synopsis Cato Supreme Court Review by : Trevor Burrus
Download or read book Cato Supreme Court Review written by Trevor Burrus and published by Cato Institute. This book was released on 2020-10-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
Book Synopsis Bouvier's Law Dictionary by : John Bouvier
Download or read book Bouvier's Law Dictionary written by John Bouvier and published by . This book was released on 1934 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conservatives in an Age of Change by : James A. Reichley
Download or read book Conservatives in an Age of Change written by James A. Reichley and published by Brookings Institution Press. This book was released on 2010-12-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1969 to 1977 the executive branch of the U.S. government was dominated by politicians and their advisers who called themselves "conservatives." In their speeches they professed belief in such values and institutions as social order, military strength, market capitalism, governmental decentralization, and traditional morality. But did these social ideas have much influence on their actual policy decisions? Or were their decisions, as some observers have argued, largely based on personal ambition, partisan interest, and pragmatic response to the day-to-day problems of government? To answer these questions, A. James Reichley examines the effects of conservative ideology on the formation of specific administration policies under the presidencies of Richard Nixon and Gerald Ford. The policies covered include the development of detente with the Soviet Union, welfare reform, revenue sharing, resistance to "busing," the imposition of wage and price controls in 1971, and governmental reorganization under Nixon; and, under Ford, adjustment to the rise of the third world and problems with detente, the drive for decontrol of oil prices, and the fight against inflation. In the last chapter Reichley considers whether the Nixon and Ford administrations can be truly described as conservative, and suggests what the future role of conservatism in American politics is likely to be.
Book Synopsis Regulation through Litigation by : Kip W. Viscusi
Download or read book Regulation through Litigation written by Kip W. Viscusi and published by Rowman & Littlefield. This book was released on 2004-05-13 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent high-profile lawsuits involving cigarettes, guns, breast implants, and other products have created new frictions between litigation and regulation. Increasingly, litigation is being used as a financial lever to force companies to accept negotiated regulatory policies—policies that invariably involve less public input and accountability than those arising from government regulation. The process not only usurps the traditional governmental authority for regulation, but also shifts the locus of establishing tax policy from the legislature to the parties involved in the litigation. Citizen interests are not explicitly represented and there is no mechanism to ensure that these outcomes are in society's best interests. By focusing on case studies involving the tobacco industry, guns, lead paint, breast implants, and health maintenance organizations, the contributors to this volume collectively shed light on the likely consequences of regulation through litigation for insurance markets and society at large. They analyze the ramifications of large-scale lawsuits, mass torts, and class actions for the insurance market, and advocate increased public scrutiny of attorney reimbursement and a competitive bidding process for all lawsuits involving government entities as the plaintiffs.
Book Synopsis Cato Supreme Court Review 2003-2004 by : Mark K. Moller
Download or read book Cato Supreme Court Review 2003-2004 written by Mark K. Moller and published by Cato Institute. This book was released on 2004 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely review of the Court's recent decisions.
Book Synopsis An Essay on the Trial by Jury by : Lysander Spooner
Download or read book An Essay on the Trial by Jury written by Lysander Spooner and published by The Minerva Group, Inc.. This book was released on 2004 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unquestionably the most radical treatise ever written on the American jury, examining Magna Carta and a host of other historical sources to sustain the claim that jurors should be chosen from the entire population and be judges of both fact and law . One of the earliest treatises on the subject. Spooner's powerful argument for reform of the jury system holds that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of the fact in question. Spooner [1808-1887] was well known for his controversial arguments on political and legal subjects. Spooner maintained that jurors should be drawn by lot from the whole body of citizens, and that they should be judges of law as well as of fact. Contents: The Right of Juries to Judge of the Justice of Laws The Trial by Jury, As Defined by Magna Carta 1. The History of Magna Carta. 2. The Language of Magna Carta Additional Proofs of the Rights and Duties of Juries 1. Weakness of the Regal Authority 2. The Ancient Common Law Juries Were Mere Courts of Conscience 3. The Oaths of Juror. 4. The Right of Jurors to Fix the Sentence 5. The Oaths of Judges 6. The Coronation Oath The Rights and Duties of Juries in Civil Suits Objections Answered Juries of the Present Day Illegal Illegal Judges The Free Administration of Justice The Criminal Intent Moral Considerations for Jurors Authority of Magna Carta Limitations Imposed Upon the Majority by the Trial by Jury Appendix Taxation
Book Synopsis Redefining Federalism by : Douglas T. Kendall
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Book Synopsis The Constitution in 2020 by : Jack M. Balkin
Download or read book The Constitution in 2020 written by Jack M. Balkin and published by Oxford University Press. This book was released on 2009-05-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.
Book Synopsis The Antitrust Enterprise by : Herbert HOVENKAMP
Download or read book The Antitrust Enterprise written by Herbert HOVENKAMP and published by Harvard University Press. This book was released on 2009-06-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Download or read book Supreme Disorder written by Ilya Shapiro and published by Simon and Schuster. This book was released on 2020-09-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: NAMED ONE OF THE BEST BOOKS OF 2021: POLITICS BY THE WALL STREET JOURNAL "A must-read for anyone interested in the Supreme Court."—MIKE LEE, Republican senator from Utah Politics have always intruded on Supreme Court appointments. But although the Framers would recognize the way justices are nominated and confirmed today, something is different. Why have appointments to the high court become one of the most explosive features of our system of government? As Ilya Shapiro makes clear in Supreme Disorder, this problem is part of a larger phenomenon. As government has grown, its laws reaching even further into our lives, the courts that interpret those laws have become enormously powerful. If we fight over each new appointment as though everything were at stake, it’s because it is. When decades of constitutional corruption have left us subject to an all-powerful tribunal, passions are sure to flare on the infrequent occasions when the political system has an opportunity to shape it. And so we find the process of judicial appointments verging on dysfunction. Shapiro weighs the many proposals for reform, from the modest (term limits) to the radical (court-packing), but shows that there can be no quick fix for a judicial system suffering a crisis of legitimacy. And in the end, the only measure of the Court’s legitimacy that matters is the extent to which it maintains, or rebalances, our constitutional order.
Book Synopsis Homelessness, Health, and Human Needs by : Institute of Medicine
Download or read book Homelessness, Health, and Human Needs written by Institute of Medicine and published by National Academies Press. This book was released on 1988-02-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have always been homeless people in the United States, but their plight has only recently stirred widespread public reaction and concern. Part of this new recognition stems from the problem's prevalence: the number of homeless individuals, while hard to pin down exactly, is rising. In light of this, Congress asked the Institute of Medicine to find out whether existing health care programs were ignoring the homeless or delivering care to them inefficiently. This book is the report prepared by a committee of experts who examined these problems through visits to city slums and impoverished rural areas, and through an analysis of papers written by leading scholars in the field.
Download or read book Peace Kills written by P. J. O'Rourke and published by Grove Press. This book was released on 2005-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: O'Rourke casts his ever-shrewd and mordant eye on America's latest adventures in warfare. He is both incisive reporter and absurdist, relevant and irreverent, with a clear eye for everyone's confusion, including his own. O'Rourke understands that peace is sometimes one of the most troubling aspects of war.
Book Synopsis Landmark Briefs and Arguments of the Supreme Court of the United States by : United States. Supreme Court
Download or read book Landmark Briefs and Arguments of the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2004 with total page 1402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Parliament of Whores by : P. J. O'Rourke
Download or read book Parliament of Whores written by P. J. O'Rourke and published by Open Road + Grove/Atlantic. This book was released on 2007-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A #1 New York Times bestseller: “An everyman’s guide to Washington” by the savagely funny political humorist and author of How the Hell Did This Happen? (The New York Times). P. J. O’Rourke’s Parliament of Whores has become a classic in understanding the workings of the American political system. Originally written at the end of the Reagan era, this new edition includes an extensive foreword by renowned journalist Andrew Ferguson—showing us that although the names may change, the game stays the same . . . or, occasionally, gets worse. Parliament of Whores is a “gonzo civics book” that takes us through the ethical foibles, pork-barrel flimflam, and Beltway bureaucracy, leaving no sacred cow unskewered and no politically correct sensitivities unscorched (Chicago Tribune). “Insulting, inflammatory, profane, and absolutely great reading.” —The Washington Post Book World
