Isn't Justice Always Unfair?

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Publisher : Popular Press
ISBN 13 : 9780879727239
Total Pages : 380 pages
Book Rating : 4.7/5 (272 download)

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Book Synopsis Isn't Justice Always Unfair? by : J. Kenneth Van Dover

Download or read book Isn't Justice Always Unfair? written by J. Kenneth Van Dover and published by Popular Press. This book was released on 1996 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Isn't Justice Always Unfair? explores the uncommonly long and uncommonly rich relationship between the fictional detective and his or her South. It begins with the New Orleans expatriate, Legrand, uncovering Captain Kidd's treasure on an island off Charleston, South Carolina; it covers the satires and parodies of Mark Twain and the polished stories of Melville Davisson Post and Irvin S. Cobb; and it concludes with surveys of the many good and excellent writers who are using the form of the detective story to compose inquiries into the character of life in the South today. At the center of Isn't Justice Always Unfair? lies an analysis of a most remarkable phenomenon: William Faulkner's exploitation of the genre as an avenue into his postage stamp of Southern experience, Yoknapatawpha County.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Unfair

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Author :
Publisher : Crown
ISBN 13 : 0770437788
Total Pages : 418 pages
Book Rating : 4.7/5 (74 download)

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Book Synopsis Unfair by : Adam Benforado

Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2016-06-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

Access to Justice

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Author :
Publisher : Emerald Group Publishing
ISBN 13 : 1848552432
Total Pages : 288 pages
Book Rating : 4.8/5 (485 download)

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Book Synopsis Access to Justice by : Rebecca L. Sanderfur

Download or read book Access to Justice written by Rebecca L. Sanderfur and published by Emerald Group Publishing. This book was released on 2009-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.

How Judges Think

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Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How Judges Think by : Richard A. Posner

Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

A Theory of Justice

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Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis A Theory of Justice by : John RAWLS

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Code of Judicial Conduct for United States Judges

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Author :
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Code of Judicial Conduct for United States Judges by : American Bar Association

Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Not Fair!

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Author :
Publisher :
ISBN 13 :
Total Pages : 335 pages
Book Rating : 4.:/5 (64 download)

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Book Synopsis Not Fair! by : Norman J. Finkel

Download or read book Not Fair! written by Norman J. Finkel and published by . This book was released on 2009 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses how claims of unfair treatment not only inform our judicial system, but are also implicit in media news reports and our everyday conversations. Yet, despite our familiarity with the term, we may often confuse "fairness" with "justice," and be clearer about what is "unfair" than what is "fair." In an effort to better understand the nature and manifestations of unfairness, N. Finkel has analyzed a wide assortment of "unfairness narratives" volunteered by both American and international study participants. By deconstructing these stories and finding their deeper meanings, he has been able to create a typology of basic unfairness categories. The stories also shed light on the extent to which our perceptions of unfair treatment seem to be justified by the facts. "Not Fair! The Typology of Commonsense Unfairness" discusses unfairness in a broad historical, religious, legal, and psychological context and shows how age, gender, and culture are likely to play a part in how we perceive it. Finkel's analysis will be of interest to a wide academic audience that includes psychologists, social scientists, legal scholars, educated laypersons interested in the topic for professional or personal reasons. (PsycINFO Database Record (c) 2004 APA, all rights reserved).

Code of Conduct for United States Judges

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Author :
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Code of Conduct for United States Judges by : Judicial Conference of the United States

Download or read book Code of Conduct for United States Judges written by Judicial Conference of the United States and published by . This book was released on 1993 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Letter from the Birmingham Jail

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781548521943
Total Pages : 24 pages
Book Rating : 4.5/5 (219 download)

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Book Synopsis Letter from the Birmingham Jail by : Jr. Martin Luther King

Download or read book Letter from the Birmingham Jail written by Jr. Martin Luther King and published by Createspace Independent Publishing Platform. This book was released on 2017-07-02 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Letter from Birmingham Jail," Martin Luther King Jr. explains why blacks can no longer be victims of inequality.

Usual Cruelty

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Publisher : The New Press
ISBN 13 : 1620975289
Total Pages : 130 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis Usual Cruelty by : Alec Karakatsanis

Download or read book Usual Cruelty written by Alec Karakatsanis and published by The New Press. This book was released on 2019-10-29 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Justice for an Unjust Society

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Author :
Publisher : Rodopi
ISBN 13 : 9789051835168
Total Pages : 244 pages
Book Rating : 4.8/5 (351 download)

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Book Synopsis Justice for an Unjust Society by : Hennie P. P. Lötter

Download or read book Justice for an Unjust Society written by Hennie P. P. Lötter and published by Rodopi. This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a theory of justice whereby people living in radically unjust societies may transform such societies in the direction of justice. The identification of injustice is addressed since a radically unjust society may well conceal its injustice from its victims. The book considers a range of moral and pragmatic requirements of political action in the transformation of society. A special feature of this work of theory is that it is illustrated by troubling examples drawn from the history of South Africa. The case made here is that justice is not just for just societies. It is for all of us everywhere.

The New Jim Crow

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Publisher : The New Press
ISBN 13 : 1620971941
Total Pages : 434 pages
Book Rating : 4.6/5 (29 download)

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Book Synopsis The New Jim Crow by : Michelle Alexander

Download or read book The New Jim Crow written by Michelle Alexander and published by The New Press. This book was released on 2020-01-07 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.

Equal Justice

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Publisher : Harvard University Press
ISBN 13 : 0674243730
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Equal Justice by : Frederick Wilmot-Smith

Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

Judicial Integrity

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Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Justice Deferred

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674975642
Total Pages : 465 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Justice Deferred by : Orville Vernon Burton

Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

Lawyers and Fidelity to Law

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691156212
Total Pages : 300 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Lawyers and Fidelity to Law by : W. Bradley Wendel

Download or read book Lawyers and Fidelity to Law written by W. Bradley Wendel and published by Princeton University Press. This book was released on 2012-08-26 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.