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“Tough Cases stands out as a genuine revelation. . . . Our most
distinguished judges should follow the lead of this groundbreaking
volume.” —Justin Driver, The Washington Post A rare and
illuminating view of how judges decide dramatic legal cases—Law
and Order from behind the bench—including the Elián González,
Terri Schiavo, and Scooter Libby cases Prosecutors and defense
attorneys have it easy—all they have to do is to present the
evidence and make arguments. It's the judges who have the heavy
lift: they are the ones who have to make the ultimate decisions,
many of which have profound consequences on the lives of the people
standing in front of them. In Tough Cases, judges from different
kinds of courts in different parts of the country write about the
case that proved most difficult for them to decide. Some of these
cases received international attention: the Elián González case
in which Judge Jennifer Bailey had to decide whether to return a
seven-year-old boy to his father in Cuba after his mother drowned
trying to bring the child to the United States, or the Terri
Schiavo case in which Judge George Greer had to decide whether to
withdraw life support from a woman in a vegetative state over the
wishes of her parents, or the Scooter Libby case about appropriate
consequences for revealing the name of a CIA agent. Others are less
well-known but equally fascinating: a judge on a Native American
court trying to balance U.S. law with tribal law, a young Korean
American former defense attorney struggling to adapt to her new
responsibilities on the other side of the bench, and the difficult
decisions faced by a judge tasked with assessing the mental health
of a woman who has killed her own children. Relatively few judges
have publicly shared the thought processes behind their decision
making. Tough Cases makes for fascinating reading for everyone from
armchair attorneys and fans of Law and Order to those actively
involved in the legal profession who want insight into the people
judging their work.
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