Great Fractured Moments in Courtroom History
Illustrated by Lee Lorenz

In America's courtooms, the verdict is laughter.

Sit back and enjoy a collection of verbatim exchanges from the halls of justice, where defendants and plaintiffs, lawyers and witnesses, juries and judges, collide to produce memorably insane comedy.

The Court: "The charge here is theft of frozen chickens. Are you the defendant, sir?"

Defendant: "No, sir, I'm the guy who stole the chickens."

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant's theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

This book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.

Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.

Henry E. Frye came of age just as the South was beginning a transformational change. When he graduated from college in 1953, African Americans like him could only hope that the future would be different from the past. At the close of his public career in 2001, he was chief justice of the North Carolina Supreme Court - the head of the state's third branch of government. Throughout their lives, Frye and his wife, Shirley, were in the vanguard of the advances that shaped the lives of African Americans. His election to the state legislature in 1968 was the beginning of steady, determined efforts to expand opportunities for African Americans in politics, business and society at large. This book traces, along with his, their careers as well and explores the growing participation of African Americans in the civic, political and social life of North Carolina.

This Handbook provides a comprehensive guide for college students and high school seniors considering law school. It teaches how to build an undergraduate resume, how to gather information about law school and legal careers, how to prepare for the Law School Admissions Test (LSAT) and how to navigate the pitfalls of the law school application process. It also leads students through the law school curriculum, the central importance of the first year (1L), the roles played by Law Review, clinical programs, Moot Court, Mock Trial, interviewing, networking, summer associate positions and clerkships. Finally, it concludes with seven lessons to carry from law school into legal practice. This Handbook arises from the author's two careers-one as a university professor and pre-law advisor, the other as a magna cum laude law school graduate and a successful practicing attorney. Along the way it conveys the author's love of the law and admiration for the role of law in the United States. How to Think About Law School adopts a broader and longer perspective than any of its competitors, beginning with freshman year, and covering each year as an undergraduate, through law school admissions, the three years of law school, and into the beginnings of legal practice. The Handbook provides useful, concrete and practical information including, lists of Dos and Don'ts, a Four Year Checklist, information about key resources, a step-by-step explanation of the law school application process, as well as a formula for selecting "competitive," "safe" and "reach" law schools. In addition, it presents detailed information about the law school curriculum each year, the importance of Law Review, clinical programs, Moot Court, interviewing skills, and summer associate positions. Addresses current downsides to the practice of law in a more open way than any of its competitors, including the exorbitant cost of law school, the difficulty repaying law school debt, the lack of opening legal positions in the wake of 2008, the high levels of job dissatisfaction in the profession, the stresses practice places upon a personal live. The book concludes with seven critical lessons to carry from law school into the practice of law.

This book engages the intense relationship between citizenship and security in modern politics. It focuses on questions of citizenship in security analysis in order to critically evaluate how political being is and can be constituted in relation to securitising practices.

In light of contemporary issues and events such as human rights regimes, terrorism, identity control, commercialisation of security, diaspora, and border policies, this book addresses a citizenship deficit in security studies. The chapters introduce several key political themes that characterise the interplays between citizenship and security: changes in citizenship regimes, the renewed insecurity of citizenship-state relations, the emerging ways by which the political and national communities are crafted, and the ways democratic societies and regimes react in times of insecurity. Approaching citizenship as both a governmental practice and a resource of political contestation, the book aims to highlight what political challenges and contestations are created in situations where security intensely meets citizenship today.

This book will be of interest to scholars of security studies and security politics, citizenship studies, and international relations.

The symbiosis that exists between entrepreneurship and law is of paramount importance in accommodating and advancing the freedom to innovate, as well as the need to prevent unfair and abusive activities. Seminal articles and essays reprinted in this collection examine several major subject areas of law associated with entrepreneurship, including intellectual property, restrictive covenants designed to protect proprietary information, business organizations, taxation, securities regulation and tort law. This collection presents issues implicated in both for-profit growth ventures and creative social enterprises. It also explores the roles of lawyers and trends in the education of law students to become professionals in fields ranging from valuable counselors to entrepreneurs. Along with a new and original introduction by leading scholars, this essential single volume is an invaluable tool to researchers, academics and entrepreneurs.

Star and executive producer of the hit TV show Bar Rescue and New York Times bestselling author of Don't Bullsh*t Yourself, Jon Taffer reveals the transformational power of conflict, sharing his toolkit for arguing smarter—at home, at work, and in life. Most people try their best to avoid conflict. Bar Rescue host Jon Taffer understands that. Conflict can have negative results. It’s easy to think that the key to a happy workplace or marriage is to avoid conflict. In reality, that’s not the case—the key is to argue smarter. Enter the Toolkit for Getting Conflict Right. Taffer’s approach is focused on deliberate conflict—otherwise known as “conflict with a purpose.� There are selective and strategic ways to have difficult conversations, and when doing so, to stay aware of your objectives rather than escalating tension unnecessarily. As Taffer explains, “The key is to act affirmatively, constructively, and productively.� Eliminating conflict isn’t always the answer; inevitably there will be times when it will arise. Engaging in conflict can be a way to clear the air, and get to the bottom of issues that, once resolved, can strengthen friendships, ease tensions at work, and address problems before they have a chance to bubble over. With easy-to-follow advice that shows how to best engage in constructive discourse to get the results you want, The Power of Conflict provides you with the rules to argue smarter, uphold your values, and keep the conversation real. The step-by-step guide starts with the inception of the conflict and carries through the difficult conversation’s conclusion, arming readers with the skills and confidence to fight for their principles. 

This is a book about creating information systems within firms that will truly give managers the information they need to make informed business decisions. The author contends that information is part of an ecological system in which it undergoes a process of evolution and adaptation to the requirements of the local users. The book explains ecological planning tools that guide managers to develop information systems to meet their changing needs.

In July 2004, federal agents raided the homes of five Palestinian-American families, arresting the five dads. The first trial of the "Holy Land Foundation Five" ended in a hung jury. The second, marked by highly questionable procedures, resulted in very lengthy sentences-for "supporting terrorism" by donating to charities that the U.S. government itself and other respected international agencies had long worked with. In 2013, human rights activist and author Miko Peled started investigating this case. He discussed the miscarriages of justice with the men's lawyers and heard from the men's families about the devastating effects the case had on their lives. He also traveled to the remote federal prison complexes where the men were held to conduct deep interviews. Injustice traces the labyrinthine course of this case, presenting a terrifying picture of governmental over-reach in post-9/11 America.

Who has the final say on the meaning of the Constitution? Most agree that this power lies with the Supreme Court. From high school to law school, students learn that the framers of the Constitution designed the court to be the ultimate arbiter of constitutional issues, a function Chief Justice John Marshall recognized in deciding Marbury v. Madison in 1803. This provocative work challenges American dogma about the Supreme Court's role, showing instead that the founding generation understood judicial power not as a counterweight against popular government, but as a consequence, and indeed a support, of popular sovereignty. Contending that court power must be restrained so that policy decisions are left to the people's elected representatives, this study offers a combination of remedies--including term limits and popular selection of the Supreme Court--to return the people to their proper place in the constitutional order.

The insanity defense debate has come full circle, again. The current round began when John Hinckley opened fire; in 1843, it was Daniel M'Naghten who pulled the trigger; the "acts" of both would-be "insanity acquittees" provoked the press, the populace, a President, and a Queen to expressions of outrage, and triggered Congress, the House of Lords, judges, jurists, psychologists, and psychiatrists to debate this most maddening matter. "Insanity" -which has historically been surrounded by defenses, defen ders, and detractors-found itself once again under siege, on trial, and undergoing rigorous cross-examination. Treatises were written on the sub ject, testimony was taken, and new rules and laws were adopted. The dust has settled, but it has not cleared. What is clear to me is that we have got it wrong, once again. The "full circle" analogy and historical parallel to M'Naghten (1843) warrant some elaboration. Hinckley's firing at the President, captured by television and rerun again and again, rekindled an old debate regarding the allegedly insane and punishment (Caplan, 1984; Maeder, 1985; Szasz, 1987), a debate in which the "insanity defense" is centrally situated. The smolderings ignited anew when the Hinckley (1981) jury brought in its verdict-"not guilty by reason of insanity" (NGRI)."

A detailed look at the Rehnquist Court's key figures, rulings, and major changes to U.S. constitutional law. Did the Rehnquist Court, which followed the liberal Warren Court and the moderate Burger Court, achieve a conservative counterrevolution? Using quantitative data to supplement detailed opinion analysis, political scientist Thomas R. Hensley argues that continuity not change characterized the Rehnquist Court era. But without a doubt, the Rehnquist Court was frequently a war zone. Fourteen justices served during the Rehnquist era, which began in 1986 during the Reagan administration and ended with Rehnquist's death in September 2005. Presidents Reagan and Bush appointed conservative justices and set in motion an assault on the "ultra-liberal" decisions made by the two previous courts. But President Clinton appointed two moderate Democrats, slowing the conservative juggernaut. The result? One of the most fascinating, contentious, and crucial periods in the history of the U.S. Supreme Court.

When approached by Plenum to put together a volume of social science research on the topic of "youth and justice," I found the interdisciplinary challenge of such a project intriguing. Having spent 2 years as Director of the Law and Social Science Program at the National Science Foundation, I was well aware of the rich diversity of research that could fit within that topic. I also knew that excellent research on youth and justice was coming from different communities of researchers who often were isolated from each other in their respective disciplines as psychologists, sociologists, criminologists, or policy analysts. I saw this project as an opportunity to break down some of this isolation by introducing these researchers-and their work-to each other and to the broader community of social scientists interested in law and justice. There was another gap, or set of gaps, to be bridged as well. The juvenile justice system and the criminal justice system differ in significant ways, and the civil justice system, which is a major venue for issues of youth and justice, is yet another separate world. Few researchers are likely to know the whole picture. For example, a focus on juvenile justice often ignores the extent to which civil justice proceedings shape the lives of young people through divorce, custody, adoption, family preservation policies, and other actions (and vice versa).

To understand the ethical issues raised by genetic counselling, it is necessary for the practitioner, the detached observer and the student to be aware of different perspectives. This work includes contributions from health professionals engaged in genetic counselling, and also from observers and critics of genetic counselling who have backgrounds in law, philosophy, biology, social science, and in advocacy on behalf of those with mental handicap. This diversity is designed to assist health professionals in examining their activities with a fresh eye; it may also help the observer-critic to understand the ethical problems that arise in genetic counselling practice. It is natural for health professionals to focus their concern on the immediate questions raised by individual clients, and for detached observers to consider the broader social implications of the subject.

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

Greig Coetzee's latest play Happy Natives is a triumphant confirmation of this writer's ability to comment satirically and powerfully on South African society. The play is extremely gripping, very funny and yet keeps surprising the audience with its insight into the complexities of cross-cultural relationships, ten years on from the start of the rainbow nation. The play shows how little we still know each other and how South Africans still make assumptions about each other based on racial grouping rather than on individual reality. This is rich material for comedy, and Coetzee excels in using such theatrical techniques as the reversal of expectation and the revelation of the unexpected and the contradictory. Happy Natives is very contemporary, looking at the way in which South Africans struggle to define their present identity. Coetzee's play points out just what an interesting and richly human world we inhabit. He shows that no human being in fact fits into the images that the media w

The Microfoundations of Diaspora Politics examines the various actors within and beyond the state that participate in the design and implementation of diaspora policies, as well as the mechanisms through which diasporas are constructed by governments, political parties, diaspora entrepreneurs, or international organisations. Extant theories are often hard-pressed to capture the empirical variation and often end up identifying 'exceptions'. The multidisciplinary group of contributors in this book theorise these 'exceptions' through three interrelated conceptual moves: first, by focusing on understudied aspects of the relationships between states as well as organised non-state actors and their citizens or co-ethnics abroad (or at home - in cases of return migration). Second, by examining dyads of 'origin' states and specific diasporic communities differentiated by time of emigration, place of residence, socio-economic status, migratory status, generation, or skills. Third, by considering migration in its multiple spatial and temporal phases (emigration, immigration, transit, return) and how they intersect to constitute diasporic identities and policies. These conceptual moves facilitate comparative research and help scholars identify the mechanisms connecting structural variables with specific policies by states (and other actors) as well as responses by the relevant diasporic communities. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.

In October 2019, unprecedented mobilizations in Chile took the world by surprise. An outburst of protests plunged a stable democracy into the deepest social and political crisis since its dictatorship in the 1980s. Although the protests involved a myriad of organizations, the organizational capabilities provided by underprivileged urban dwellers proved essential in sustaining collective action in an increasingly repressive environment. Based on a comparative ethnography and over six years of fieldwork, Mobilizing at the Urban Margins uses the case of Chile to study how social mobilization endures in marginalized urban contexts, allowing activists to engage in large-scale democratizing processes. The book investigates why and how some urban communities succumb to exclusion, while others react by resurrecting collective action to challenge unequal regimes of citizenship. Rich and insightful, the book develops the novel analytical framework of 'mobilizational citizenship' to explain this self-produced form of political incorporation in the urban margins.