The Supreme Court Justices: Illustrated Biographies, 1789-2012, Third Edition, provides a single-volume reference profiling every Supreme Court justice from John Jay through Elena Kagan. An original essay on each justice paints a vivid picture of his or her individuality as shaped by family, education, pre-Court career, and the times in which he or she lived. Each biographical essay also presents an overview of the justice's jurisprudence, the major cases during his or her tenure, and the justice's relationships with the other members of the Court. Essays are arranged in the order of the justices' appointments. Lively anecdotes along with portraits, photographs, and political cartoons enrich the text and deepen readers' understanding of the justices and the Court. The volume includes an extensive bibliography and is indexed for easy research access. New to this edition Foreword by Chief Justice John G. Roberts, Jr. Updated essays on sitting or recently retired members of the court New biographies for Chief Justice John G. Roberts and Associate Justices Samuel A. Alito, Sonia Sotomayor, and Elena Kagan A revised listing of members of the Supreme Court with appointment and confirmation dates -as new documents have come to light, the editor has reassessed the dates of service of several of the justices An updated bibliography with key sources on the Supreme Court and the justices All-new images replace nearly one fourth of the illustrations in this edition There is no better reference than this updated new volume for insightful background and dynamic commentary on the individuals who have served on the Supreme Court of the United States. This is a vital reference work for researchers, students, and others interested in the Supreme Court's past, present, and future. Editor Clare Cushman is director of publications for the Supreme Court Historical Society, a private nonprofit organization dedicated to the collection and preservation of the history of the Supreme Court of the United States. The society accomplishes its mission by conducting educational programs of interest to legal practitioners, scholars, and the general public by supporting historical research, publishing books, journals, and electronic materials and by collecting antiques and artifacts related to the Court's history.

First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack - on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.

Prillaman argues that a sound judiciary is critical for building popular support for democracy and laying the foundations for sustainable economic development, but that most Latin American governments have made virtually no progress toward building a more effective judiciary. He shows that the traditional approach to judicial reform is flawed on several levels. Reformers are wrong to focus on a single aspect of the judiciary on the assumption that one reform naturally leads to another. In fact, all aspects of the courts are so closely related that failure to reform one aspect creates a "negative synergy" that ultimately undermines the reformed areas. Instead, a successful reform strategy must simultaneously tackle independence, accountability, access, and efficiency; otherwise, it is virtually assured of failure. As Prillaman points out, judicial reform is not merely a technical process that can be isolated from broader economic and political forces. Rather, it is an inherently political process that will be opposed by forces ranging from politicians accustomed to stocking the courts to judges and court personnel reluctant to accept greater oversight and professional norms. Based on four case studies, Prillaman concludes that failed judicial reforms have led to growing support for mob lynching and vigilante justice that promises to fill the void created by ineffectual courts--ultimately challenging the quality and sustainability of democracy. An invaluable survey for political scientists, students, and researchers involved with democratic consolidation, institution building, and comparative judicial politics in Latin America specifically and the developing world in general.

Using a new conceptual framework, the author examines the processes of legal reform in post-socialist countries such as China. Drawing on Bourdieu's concept of the 'field', the increasingly complex and contested processes of legal reform are analysed in relation to police powers. The impact of China's post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour. The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered. Despite over 20 years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint. They continue to be seriously and systematically abused. However, there has been both systematic and occasionally dramatic reform of these powers. This book considers the processes which have made these legal changes possible.

Introduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law.

This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order.

Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.

An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.

Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims' personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.

Condemned to Die is a book about life under sentence of death in American prisons. The great majority of condemned prisoners are confined on death rows before they are executed. Death rows typically feature solitary confinement, a harsh regimen that is closely examined in this book. Death rows that feature solitary confinement are most common in states that execute prisoners with regularity, which is to say, where there is a realistic threat that condemned prisoners will be put to death. Less restrictive confinement conditions for condemned prisoners can be found in states where executions are rare. Confinement conditions matter, especially to prisoners, but a central contention of this book is that no regimen of confinement under sentence of death offers its inmates a round of activity that might in any way prepare them for the ordeal they must face in the execution chamber, when they are put to death. In a basic and profound sense, all condemned prisoners are warehoused for death in the shadow of the executioner. Human warehousing, seen most clearly on solitary confinement death rows, violates every tenet of just punishment; no legal or philosophical justification for capital punishment demands or even permits warehousing of prisoners under sentence of death. The punishment is death. There is neither a mandate nor a justification for harsh and dehumanizing confinement before the prisoner is put to death. Yet warehousing for death, of an empty and sometimes brutal nature, is the universal fate of condemned prisoners. The enormous suffering and injustice caused by this human warehousing, rendered in the words of the prisoners themselves, is the subject of this book.

The essays in this volume attempt to explore and elucidate some of the legal and constitutional complexities of the relationship between the EU and the WTO,focusing particularly on the impact of the latter and its relevance for the former. The effect of WTO norms is evident across a broad range of European economic and social policy fields, affecting regulatory and distributive policies alike. A number of significant areas have been selected in this book to exemplify the scope and intensity of impact, including EC single market law, external trade, structural and cohesion funding, cultural policy, social policy, and aspects of public health and environmental policy. Certain chapters seek to examine the legal and political points of intersection between the two legal orders, and many of the essays explore in different ways the normative dimension of the relationship between the EU and the WTO and the legitimacy claims of the latter.

The presumption of innocence is universally recognized as a fundamental human right and a core principle in the administration of criminal justice. Nonetheless, statutes creating criminal offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction. Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions. This book investigates the supposed justifications for limitation of the presumption of innocence. It does so through a comprehensive analysis of the history, rationale and scope of the presumption of innocence. It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest. In particular, it is argued that a test of 'proportionality', which seeks to weigh individual rights against the community interest, is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect. The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence. It also draws upon extensive references to comparative material, both judicial and academic, from the United States, Canada and South Africa.

When they go low, we learn: an examination of mudslinging in contemporary American politics-and how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discourse-a technique not invented by but certainly refined by Donald Trump-and, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds, The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political strategy that anticipates the profound but poorly understood damage they can inflict to whole movements. Illustrating how completely the tactic has been adopted and embraced by the American right wing, the book catalogues how public insults have been used against people with disabilities, immigrants, people seeking abortions, individuals who are sexually harassed, members of the LGBTQ community, and, of course, Black Americans. These examples demonstrate both the pervasiveness of the deployment of insults by the political right and the ways in which the left has been caught flat-footed by this tactic. She then uses the Black Lives Matter movement as a case study to consider how to effectively counter these insults and maintain an emphasis on structural reform.

Drawing on court records from London and the South West, Sexual Forensics in Victorian and Edwardian England explores medical roles in trials for sexual offences. Its focus on sexual maturity, a more flexible concept than the legal age of consent, enables histories of sexual crime to be seen in a new light.

"Written for a general audience. . . . Excellent. . . . If enough American judges and law professors read his book, some of the silly rules that he criticizes will be discarded."
"--Judge Richard A. Posner, Times Literary Supplement"

"A beautifully written, finely nuanced work, a marvelous comparative constitutional study of criminal procedure that seeks to understand the larger culture."
"--Lawrence Fleischer, New York Law Journal"

"In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. . . . An important book."
"--Publishers Weekly"

"Pizzi is certainly convincing in his argument that the American trial system is in dire need of overhaul. "
--"Law Society Journal," July 2002 Rodney King. Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulingsaoften with perverse resultsathe American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world.

William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence.

How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed todegenerate into one so profoundly flawed?

Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice systemaand a prescription for how it can be fixed.

The ideal companion to developing the essential skills needed to undertake the core module of English Legal System as part of undergraduate study of law or a qualifying GDL/CPE conversion course. Providing support for learning and revision throughout, the key skills are demonstrated in the context of the core topics of study with expertly written example sets of notes, followed by opportunities to learn and test your knowledge by creating and maintaining your own summaries of the key points. The chapters are reinforced with a series of workpoints to test your analytical, communication and organisational skills; checkpoints, to test recall of the essential facts; and research points, to practice self-study and to gain familiarity with legal sources. Course Notes: the English Legal System is designed for those keen to succeed in examinations and assessments with view to taking you one step further towards the development of the professional skills required for your later career. In addition, concepts are set out both verbally and in diagrammatic form for clarity, and the essential case law is displayed in a series of straightforward and indisposable tables illustrating how best to analyse and compare legal points as expressed by the opinions of the authorities in each case. To check your answers to questions examples are provided online along with sample essay plans and web links to useful web sites and sources at www.unlockingthelaw.co.uk, making this the ideal resource to guide you through the demands of compiling and revising the information you will need for your exams.

In the second edition of Murder as a Business Decision, a new chapter is added that covers aspects of additional real world planned homicide investigations. The new material covers investigations related to FBI undercover operation Strawman in Kansas City. Public record material is included and case investigations are described generically. Planned homicide investigations are analyzed and contrasted with economic based investigative techniques. There is an expanded analysis of whether FBI profiles are technically efficient in planned homicide investigation and a theory is developed that explains and predicts common observations related to FBI assistance in homicide investigation.

Franklin D. Roosevelt appointed ten justices to the U.S. Supreme Court - more than any president except Washington - and during his presidency from 1933 to 1945, the Court gained more visibility, underwent greater change, and made more landmark decisions than it had in its previous 150 years of existence. FDR challenged, confronted, and ultimately transformed the Supreme Court from a conservative, anti-interventionist institution opposed to government involvement in the economy to a liberal, activist Court that expanded government powers, protected civil liberties, and promoted civil rights. This collection of ten essays examines FDR's influence on the Supreme Court and the Court's growing influence on American life during his presidency. Subjects include the court-packing fight of 1937, the impact of the New Deal on the Court, key FDR appointments (Hugo Black, Felix Frankfurter, and William O. Douglas), and the Roosevelt Court's enduring legacy.

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant's role as a participant in the criminal process and the ramifications of penalising a defendant's non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant's duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.

This book provides an empirically grounded, theoretically informed account of recent changes to the youth justice system in England and Wales, focusing on the introduction of elements of restorative justice into the heart of the criminal justice system, and the implementation of referral orders and youth offender panels. Taken together, this amounts to the most radical overhaul of the youth justice system in the last half century, fundamentally changing the underlying values of the system away from an 'exclusionary punitive justice' and towards an 'inclusionary restorative justice'. The book explores the implications of these changes by using the lens of a detailed study of the implementation of referral orders and youth offender panels to explore wider issues about youth justice policy and the integration of restorative justice principles. It draws upon the findings of an in-depth study of the pilots established prior to the national rollout of referral orders in April 2002. The book will be essential reading not only for those involved in the task of implementing the new youth justice, but others with an interest in the criminal justice system and in restorative justice who need to know about the far reaching reforms to the youth justice system and their impact.

Many legal scholars believe that judges should not be "activists." But exactly what does it mean for judges to practice "restraint," and how did that set of practices evolve in America? In Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented, Evan Tsen Lee traces the cultural, social, and intellectual forces that shaped the contours of judicial restraint from the time of John Marshall, through the "vested property rights" courts of the early 20th Century, through the Warren Court, and up to the present. The Supreme Court and the many lower federal courts have long used mystifying technical doctrines known as "standing" and "abstention" out of a professed fidelity to judicial restraint. Yet this book aims to demonstrate that the concept of judicial restraint cannot be meaningfully viewed outside of the varying contexts of American history. The notion of judicial restraint only makes sense in light of the waxing and waning American commitments to property rights and Protestant idealism, to scientific pragmatism, to racial equality, and even to environmental protection and the need to stem climate change. This book focuses on the personalities and lives of powerhouse Supreme Court justices - John Marshall, Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter, William Brennan, and now Antonin Scalia. Largely written in narrative form, it will appeal to those interested in how politics, society, and the power of ideas have shaped American public law.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts.