|
|
Books > Law > Jurisprudence & general issues > Legal profession > General
Examines the outsized influence of jurors on prosecutorial
discretion Thanks to television and popular media, the jury is
deeply embedded in the American public's imagination of the legal
system. For the country's federal prosecutors, however, jurors have
become an increasingly rare sight. Today, in fact, less than 2% of
their cases will proceed to an actual jury trial. And yet, when
federal prosecutors describe their jobs and what the profession
means to them, the jury is a central theme. Anna Offit's The
Imagined Juror examines the counterintuitive importance of jurors
in federal prosecutors' work at a moment when jury trials are
statistically in decline. Drawing on extensive field research among
federal prosecutors, the book represents "the first ethnographic
study of US attorneys," according to legal scholar Annelise Riles.
It describes a world of legal practice in which jurors are
frequently summoned-as make-believe audiences for proposed
arguments, hypothetical evaluators of evidence, and invented
decision-makers who would work together to reach a verdict. Even
the question of moving forward with a prosecution often hinges on
how federal prosecutors assume a jury will react to elements of the
case-an exercise where the perspectives of the public are imagined
and incorporated into every stage of trial preparation. Based on
these findings, Offit argues that the decreasing number of jury
trials at the federal level has not eliminated the influence of the
jury but altered it. As imaginary figures, jurors continue to play
an important and understudied role in shaping the work and
professional identities of federal prosecutors. At the same time,
imaginary jurors are not real jurors, and prosecutors at times
caricature the public by leaning on stereotypes or preconceived and
simplistic ideas about how laypeople think. Imagined jurors, it
turns out, are a critical, if flawed, resource for introducing lay
perspective into the legal process. As Offit shows, recentering
laypeople and achieving the democratic promise of our legal system
will require renewed commitment to the jury trial and juries that
reflect the diversity of the American public.
Treat yourself to Second Helpings and more choice cuts in the style
of Simon Brown's much lauded first volume of memoirs, Playing off
the Roof & Other Stories. Exuberantly revisiting his early
years in National Service, at Oxford and as a young barrister, Lord
Brown recalls matters grave and trivial from his time at the Bar
and on the Bench, along the way regaling us with tales of
Paddington Bear, Nigel Lawson and Mozart at the Warsaw opera. He
also has something to say about the current legal scene and
considers such thorny problems as the 2019 prorogation judgment and
whether trial by jury might be dispensed with in order to clear a
mounting backlog of criminal cases. Drawing witty lessons from a
life of trials, Lord Brown finds time to muse on when a judge might
choose to change a sentence already imposed, what to say after
dinner and why the game of golf is strictly for the birds!
In this biography of JoaquÃn de Arredondo, historian Bradley
Folsom brings to life one of the most influential and ruthless
leaders in North American history. Arredondo (1776-1837), a Bourbon
loyalist who governed Texas and the other interior provinces of
northeastern New Spain during the Mexican War of Independence,
contended with attacks by revolutionaries, U.S. citizens, generals
who had served in Napoleon's army, pirates, and various American
Indian groups, all attempting to wrest control of the region. Often
resorting to violence to deal with the provinces' problems,
Arredondo was for ten years the most powerful official in
northeastern New Spain. Folsom's lively account shows the
challenges of governing a vast and inhospitable region and provides
insight into nineteenth-century military tactics and Spanish
viceregal realpolitik. When Arredondo and his army - which included
Arredondo's protégé, future president of Mexico Antonio López de
Santa Anna - arrived in Nuevo Santander in 1811, they quickly
suppressed a revolutionary upheaval. Arredondo went on to expel an
army of revolutionaries and invaders from the United States who had
taken over Texas and declared it an independent republic. In the
Battle of Medina, the bloodiest battle ever fought in Texas, he
crushed the insurgents and followed his victory with a purge that
reduced Texas's population by half. Over the following eight years,
Arredondo faced fresh challenges to Spanish sovereignty ranging
from Comanche and Apache raids to continued American incursion. In
response, Arredondo ignored his superiors and ordered his soldiers
to terrorize those who disagreed with him. Arredondo's actions had
dramatic repercussions in Texas, Mexico, and the United States. His
decision to allow Moses Austin to colonize Texas with Americans
would culminate in the defeat of Santa Anna in 1836, but not before
Santa Anna had made good use of the lessons in brutality he had
learned so well from his mentor.
Winner, 2019 Global Legal Skills Book Award, given by the Global
Legal Skills Conference An essential handbook for international
lawyers and students Focusing on vocabulary, Essential Legal
English in Context introduces the US legal system and its
terminology. Designed especially for foreign-trained lawyers and
students whose first language is not English, the book is a
must-read for those who want to expand their US legal vocabulary
and basic understanding of US government. Ross uses a unique
approach by selecting legal terms that arise solely within the
context of the levels and branches of US government, including
terminology related to current political issues such as
partisanship. Inspired by her students' questions over her years of
teaching, she includes a vast collection of legal vocabulary,
concepts, idioms, and phrasal verbs and unpacks concepts embedded
in US case law, such as how the US constitutional separation of
powers may affect a court's interpretation of the law. The handbook
differentiates basic terms in civil and criminal cases and compares
terms that may seem similar because of close spellings but in fact
have different meanings. For instance, what is the distinction
between "taking the stand" and "taking a stand?" What is the
difference between "treaties" and "treatises"? Featuring
illustrations and hands-on exercises, Essential Legal English in
Context is a valuable self-study resource for those who want to
improve their legal English terminology before entering a US law
school, studying US law or government, or working as a seconded
attorney to a US law firm. Instructors can use the handbook in an
introductory US legal English course.
In Appeal to the People's Court: Rethinking Law, Judging, and
Punishment, Vincent Luizzi turns to the goings on in courts at the
lowest level of adjudication for fresh insights for rethinking
these basic features of the legal order. In the pragmatic tradition
of turning from fixed and unchanging conceptions, the work rejects
the view of law as a set of black and white rules, of judging as
the mechanical application of law to facts, and of punishment as a
necessary, punitive response to crime. The author, a municipal
judge and philosophy professor, joins theory and practice to
feature the citizen in rethinking these institutions. The work
includes a foreword by Richard Hull, special Guest Editor for this
volume in Studies in Jurisprudence.
A critical history of the Americanization of legal education in
fourteen countries The second half of the twentieth century
witnessed the export of American power-both hard and
soft-throughout the world. What role did US cultural and economic
imperialism play in legal education? American Legal Education
Abroad offers an unprecedented and surprising picture of the
history of legal education in fourteen countries beyond the United
States. Each study in this book represents a critical history of
the Americanization of legal education, reexamining prevailing
narratives of exportation, transplantation, and imperialism.
Collectively, these studies challenge the conventional wisdom that
American ideas and practices have dominated globally. Editors Susan
Bartie and David Sandomierski and their contributors suggest that
to understand legal education and to respond thoughtfully to the
mounting present-day challenges, it is essential to look beyond a
particular region and consider not only the ideas behind legal
education but also the broader historical, political, and cultural
factors that have shaped them. American Legal Education Abroad
begins with an important foundational history by leading Harvard
Law School historian Bruce Kimball, who explains the factors that
created a transportable American legal model, and the book
concludes with reflections from two prominent American law
professors, Susan Carle and Bob Gordon, whose observations on
recent disruptions within US law schools suggest that their
influence within the global order of legal education may soon fall
into further decline. This book should be considered an invaluable
resource for anyone in the field of law.
Bulelwa Mabasa was born into a ‘matchbox’ family home in Meadowlands, Soweto, at the height of apartheid. In My Land Obsession, she shares her colourful Christian upbringing, framed by the lived experiences of her grandparents, who endured land dispossession in the form of the Group Areas Act and the migrant labour system.
Bulelwa’s world was irrevocably altered when she encountered the disparities of life in a white-dominated school. Her ongoing interest in land justice informed her choice to study law at Wits, with the land question becoming central in her postgraduate studies. When Bulelwa joined the practice of law in the early 2000s as an attorney, she felt a strong need to build on her curiosity around land reform, moving on to
form and lead a practice centred on land reform at Werksmans Attorneys. She describes the role played by her mentors and the professional and personal challenges she faced.
My Land Obsession sets out notable legal cases Bulelwa has led and lessons that may be drawn from them, as well as detailing her contributions to national policy on land reform and her views on how the land question must be inhabited and owned by all South Africans.
This book is the first monograph to analyse the workings of
Scotland's legal profession in its early modern European context.
It is a comprehensive survey of lawyers working in the local and
central courts; investigating how they interacted with their
clients and with each other, the legal principles governing ethical
practice, and how they fulfilled a social role through providing
free services to the poor and also services to town councils and
other corporations. Based heavily on a wide range of archival
sources, and reflecting the contemporary importance of local
societies of lawyers, John Finlay offers a groundbreaking yet
accessible study of the eighteenth-century legal profession which
adds a new dimension to our knowledge of Enlightenment Scotland.
|
|