Fair Reflection of Society in Judicial Systems - A Comparative Study

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Author :
Publisher : Springer
ISBN 13 : 3319184857
Total Pages : 240 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Fair Reflection of Society in Judicial Systems - A Comparative Study by : Sophie Turenne

Download or read book Fair Reflection of Society in Judicial Systems - A Comparative Study written by Sophie Turenne and published by Springer. This book was released on 2015-07-20 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

Threat of Dissent

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Publisher : Harvard University Press
ISBN 13 : 0674246179
Total Pages : 353 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Threat of Dissent by : Julia Rose Kraut

Download or read book Threat of Dissent written by Julia Rose Kraut and published by Harvard University Press. This book was released on 2020-07-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive overview of the intersection of immigration law and the First Amendment, a lawyer and historian traces ideological exclusion and deportation in the United States from the Alien Friends Act of 1798 to the evolving policies of the Trump administration. Beginning with the Alien Friends Act of 1798, the United States passed laws in the name of national security to bar or expel foreigners based on their beliefs and associations—although these laws sometimes conflict with First Amendment protections of freedom of speech and association or contradict America’s self-image as a nation of immigrants. The government has continually used ideological exclusions and deportations of noncitizens to suppress dissent and radicalism throughout the twentieth and twenty-first centuries, from the War on Anarchy to the Cold War to the War on Terror. In Threat of Dissent—the first social, political, and legal history of ideological exclusion and deportation in the United States—Julia Rose Kraut delves into the intricacies of major court decisions and legislation without losing sight of the people involved. We follow the cases of immigrants and foreign-born visitors, including activists, scholars, and artists such as Emma Goldman, Ernest Mandel, Carlos Fuentes, Charlie Chaplin, and John Lennon. Kraut also highlights lawyers, including Clarence Darrow and Carol Weiss King, as well as organizations, like the ACLU and PEN America, who challenged the constitutionality of ideological exclusions and deportations under the First Amendment. The Supreme Court, however, frequently interpreted restrictions under immigration law and upheld the government’s authority. By reminding us of the legal vulnerability foreigners face on the basis of their beliefs, expressions, and associations, Kraut calls our attention to the ways that ideological exclusion and deportation reflect fears of subversion and serve as tools of political repression in the United States.

Justice

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Publisher : Princeton University Press
ISBN 13 : 0691146306
Total Pages : 416 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Justice by : Nicholas Wolterstorff

Download or read book Justice written by Nicholas Wolterstorff and published by Princeton University Press. This book was released on 2010-05-02 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.

The Art of Science in the Canadian Justice System

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Publisher : CRC Press
ISBN 13 : 1351859854
Total Pages : 165 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Art of Science in the Canadian Justice System by : David Milward

Download or read book The Art of Science in the Canadian Justice System written by David Milward and published by CRC Press. This book was released on 2017-04-07 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

Reflections on Judging

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Publisher : Harvard University Press
ISBN 13 : 0674184653
Total Pages : 423 pages
Book Rating : 4.6/5 (741 download)

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Book Synopsis Reflections on Judging by : Richard A. Posner

Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Mediation in the Reflection of Law and Society

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542926
Total Pages : 325 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mediation in the Reflection of Law and Society by : Lenka Holá

Download or read book Mediation in the Reflection of Law and Society written by Lenka Holá and published by Kluwer Law International B.V.. This book was released on 2021-12-08 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite slow progress in use, mediation continues to consolidate its presence in dispute resolution. This important book argues that a more favourable socio-legal climate must be created for mediation to thrive, and accordingly analyses the legal, cultural, social, systemic and spatial aspects of the use of mediation in the legal practice of the different countries of the European Union (EU). Based on a spatiotemporal analysis and models of mediation in the EU, it pinpoints the social and cultural reasons for the fragmentation of its legal regulation and shows what paths are available to promote the effective implementation of mediation in social practice. It is the first book to capture the socio-legal context of mediation. A spatiotemporal analysis of the extent of use of mediation in a region as large and at the same time as diverse as the EU has never been carried out before. Using various methodological and conceptual approaches to analyse the legal and social aspects of introducing mediation to legal systems, the authors – all with long-term experience in the exercise and research of mediation directly in the field – provide invaluable insights into such facets of the use of mediation as the following: the social context that raises the need for mediation; obstacles to the wider use of mediation in resolving disputes between parties; the effects of social influences reflected in legislation that shape the laws of each country; the basic models that make up the system of access to mediation in specific EU Member States; the role of law as a tool for social change and its reflection in the legal regulation of mediation; and perspectives for further development of mediation in the EU. The legislative efforts proposed to enhance the regulation of mediation in EU countries are based on modern knowledge of law, sociology and psychology. As a unique combination of exploration of the theoretical determinants of mediation and an empirical study of the extent of its use in the European area, this book’s fundamental contribution to the legal theory and practice of mediation is inarguable. Its analysis of mediation from three perspectives – as a means of improving citizens’ access to justice, as a means of applying social justice in society, and as a means of restorative justice – are of the utmost value in today’s global society. For users of mediation, EU institutions involved in mediation, EU Member State authorities addressing the issue of mediation, and the wider dispute resolution community worldwide, the book will be welcomed for the giant steps it takes toward refining arguments for the promotion of mediation and its development, in theory, research and practice.

Every Day Compassion

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Publisher :
ISBN 13 : 9780809130306
Total Pages : 103 pages
Book Rating : 4.1/5 (33 download)

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Book Synopsis Every Day Compassion by : Valentine N. Handwerker

Download or read book Every Day Compassion written by Valentine N. Handwerker and published by . This book was released on 1989-03-01 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice as a Virtue

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Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 0802873251
Total Pages : 300 pages
Book Rating : 4.8/5 (28 download)

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Book Synopsis Justice as a Virtue by : Porter

Download or read book Justice as a Virtue written by Porter and published by Wm. B. Eerdmans Publishing. This book was released on 2016 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Aquinas," says Jean Porter, "gets justice right." In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions. For Aquinas, justice is more about interpersonal morality than civic or social obligations, and Porter masterfully draws out the contemporary significance of Aquinas's perspective. - back of book.

Advocacy for Social Justice

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Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Advocacy for Social Justice by : David Cohen

Download or read book Advocacy for Social Justice written by David Cohen and published by . This book was released on 2001 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: * The first comprehensive guide for social and economic justice advocates * Supplies hundreds of resources and a toolkit for action * Based on work of The Advocacy Institute and Oxfam America Advocacy for Social Justice is the first guide for worldwide social and economic justice advocates. It is a direct and interactive response to the growing need for NGOs to assume new policy advocacy roles. The authors consider why it is essential to build a civil society and nurture democracy as a means of sustaining continued mainstream development. Ideal for practitioners, trainers, or students of activism, the guide uses the elements of advocacy and expounds on current issues using comprehensive case studies.

Handbook of Reflection and Reflective Inquiry

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Publisher : Springer Science & Business Media
ISBN 13 : 0387857443
Total Pages : 619 pages
Book Rating : 4.3/5 (878 download)

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Book Synopsis Handbook of Reflection and Reflective Inquiry by : Nona Lyons

Download or read book Handbook of Reflection and Reflective Inquiry written by Nona Lyons and published by Springer Science & Business Media. This book was released on 2010-04-07 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophers have warned of the perils of a life spent without reflection, but what constitutes reflective inquiry - and why it’s necessary in our lives - can be an elusive concept. Synthesizing ideas from minds as diverse as John Dewey and Paulo Freire, theHandbook of Reflection and Reflective Inquiry presents reflective thought in its most vital aspects, not as a fanciful or nostalgic exercise, but as a powerful means of seeing familiar events anew, encouraging critical thinking and crucial insight, teaching and learning. In its opening pages, two seasoned educators, Maxine Greene and Lee Shulman, discuss reflective inquiry as a form of active attention (Thoreau’s "wide-awakeness"), an act of consciousness, and a process by which people can understand themselves, their work (particularly in the form of life projects), and others. Building on this foundation, the Handbook analyzes through the work of 40 internationally oriented authors: - Definitional issues concerning reflection, what it is and is not; - Worldwide social and moral conditions contributing to the growing interest in reflective inquiry in professional education; - Reflection as promoted across professional educational domains, including K-12 education, teacher education, occupational therapy, and the law; - Methods of facilitating and scaffolding reflective engagement; - Current pedagogical and research practices in reflection; - Approaches to assessing reflective inquiry. Educators across the professions as well as adult educators, counselors and psychologists, and curriculum developers concerned with adult learning will find the Handbook of Reflection and Reflective Inquiry an invaluable teaching tool for challenging times.

Design Justice

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Publisher : MIT Press
ISBN 13 : 0262043459
Total Pages : 358 pages
Book Rating : 4.2/5 (62 download)

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Book Synopsis Design Justice by : Sasha Costanza-Chock

Download or read book Design Justice written by Sasha Costanza-Chock and published by MIT Press. This book was released on 2020-03-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological survival. What is the relationship between design, power, and social justice? “Design justice” is an approach to design that is led by marginalized communities and that aims expilcitly to challenge, rather than reproduce, structural inequalities. It has emerged from a growing community of designers in various fields who work closely with social movements and community-based organizations around the world. This book explores the theory and practice of design justice, demonstrates how universalist design principles and practices erase certain groups of people—specifically, those who are intersectionally disadvantaged or multiply burdened under the matrix of domination (white supremacist heteropatriarchy, ableism, capitalism, and settler colonialism)—and invites readers to “build a better world, a world where many worlds fit; linked worlds of collective liberation and ecological sustainability.” Along the way, the book documents a multitude of real-world community-led design practices, each grounded in a particular social movement. Design Justice goes beyond recent calls for design for good, user-centered design, and employment diversity in the technology and design professions; it connects design to larger struggles for collective liberation and ecological survival.

Justice Interruptus

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Publisher : Routledge
ISBN 13 : 1317828070
Total Pages : 262 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Justice Interruptus by : Nancy Fraser

Download or read book Justice Interruptus written by Nancy Fraser and published by Routledge. This book was released on 2014-04-23 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Refuting the argument to choose between "the politics of recognition" and the "politics of redistribution," Justice Interruptus integrates the best aspects of both. ********************************************************* ** What does it mean to think critically about politics at a time when inequality is increasing worldwide, when struggles for the recognition of difference are eclipsing struggles for social equality, and when we lack any credible vision of an alternative to the present order? Philosopher Nancy Fraser claims that the key is to overcome the false oppositions of "postsocialist" commonsense. Refuting the view that we must choose between "the politics of recognition" and the "politics of redistribution," Fraser argues for an integrative approach that encompasses the best aspects of both.

The Justice Tree

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Publisher : Centre for Studies in Religion and Society, University of Victoria 2001.
ISBN 13 : 9781550582222
Total Pages : 26 pages
Book Rating : 4.5/5 (822 download)

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Book Synopsis The Justice Tree by : Michael L. Hadley

Download or read book The Justice Tree written by Michael L. Hadley and published by Centre for Studies in Religion and Society, University of Victoria 2001.. This book was released on 2001 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reflections on Crime and Culpability

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Publisher : Cambridge University Press
ISBN 13 : 1107159946
Total Pages : 237 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reflections on Crime and Culpability by : Larry Alexander

Download or read book Reflections on Crime and Culpability written by Larry Alexander and published by Cambridge University Press. This book was released on 2018-10-11 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through one coherent retributivist vision of the criminal law, this book explores under examined problems within criminal law theory.

The Quest for Cosmic Justice

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Publisher : Simon and Schuster
ISBN 13 : 0743215079
Total Pages : 225 pages
Book Rating : 4.7/5 (432 download)

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Book Synopsis The Quest for Cosmic Justice by : Thomas Sowell

Download or read book The Quest for Cosmic Justice written by Thomas Sowell and published by Simon and Schuster. This book was released on 2001-06-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.

Reflection in Action

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Publisher : Taylor & Francis
ISBN 13 : 1000981185
Total Pages : 134 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Reflection in Action by : Kimberly A. Kline

Download or read book Reflection in Action written by Kimberly A. Kline and published by Taylor & Francis. This book was released on 2023-07-03 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This guidebook aims to stimulate student affairs professionals and higher education faculty alike to adopt new approaches when discussing sensitive or controversial topics with their students. It provides teachers and professionals with a critical social understanding of social justice, social agency, reflection, and actionable knowledge to develop new and effective skills, practice them in safe spaces, and apply them in the field. It offers tools that are equally applicable in a classroom or cocurricular setting.The exceptional teachers, scholars, and professionals contributing to this volume provide a diverse and alternative lens through which to examine the intersection of social justice education and professional practice. The text is organized in three overarching themes: Part One, “Existing Theories, Examining Claims, and Proposing New Understandings”; Part Two, “Concrete Tools and Safe Spaces for Practicing Difficult Dialogues in Professional Practice”; and Part Three, “Professional Development, Action Research, and Social Agency.” In Part Four, “Moving Forward,” the book concludes with a chapter on implications for daily life and practice.The action-oriented research model provides strategies and frameworks for using social science research to engage in critical social and educational problem solving. The emphasis is on moving colleges and universities to widen their moral and ethical lenses, beyond understanding diversity, to developing multicultural competence and enriching their campus communities.Written for faculty in higher education and student affairs professionals, along with master’s and doctoral students in these fields, this book provides a framework that is grounded in research and sound pedagogies and theories.

The Majesty of the Law

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Publisher : Random House
ISBN 13 : 0307432416
Total Pages : 354 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis The Majesty of the Law by : Sandra Day O'Connor

Download or read book The Majesty of the Law written by Sandra Day O'Connor and published by Random House. This book was released on 2007-12-18 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: NATIONAL BESTSELLER • “Shows us why Sandra Day O’Connor is so compelling as a human being and so vital as a public thinker.”—Michael Beschloss In this remarkable book, Sandra Day O’Connor explores the law, her life as a Supreme Court Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, ideas, and landmark cases, O’Connor sheds new light on the basics, exploring through personal observation the evolution of the Court and American democratic traditions. Straight-talking, clear-eyed, inspiring, The Majesty of the Law is more than a reflection on O’Connor’s own experiences as the first female Justice of the Supreme Court; it also reveals some of the things she has learned and believes about American law and life—reflections gleaned over her years as one of the most powerful and inspiring women in American history.