Showing results by publisher "Tantor Media" in Judicial Systems

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. 

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential.

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.    

For thirty years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show listeners how the Supreme Court really works.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

Whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. This Very Short Introduction explains the "where," "when," and "who" of American courts. It also makes clear the "how" and "why" behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels.

The concept of habeas corpus - literally, to receive and hold the body - empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. 

Drawing upon the timeless wisdom of Thomas Aquinas, The Natural Law offers clear insights into perplexing ethical dilemmas. The compelling conclusions of Aquinas emerge through a critical examination of contemporary ethical frameworks, including moral relativism, utilitarianism, and Machiavellian politics. In part one, which elucidates the core principles of natural law ethics, the listener will discover fundamental truths underpinning the concepts of right and wrong, which are rooted in the very fabric of our humanity.

Christian Davis, a former big-firm lawyer turned social justice warrior, has just been assigned the case of his life by the State of California. Jamel Jackson, a sixteen-year-old black boy, has just been convicted for the brutal rape of a prominent movie star. Christian digs into the case with gusto, as he examines the trial court transcript for any hint that the trial court might have erred in Jamel's case. As he gets into the investigation of the case, he's shocked at what he has found. Corruption at the highest level is staring him in the face. 

An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history.

The courthouse is an important part of every story of mass incarceration in America and, too often, it is a place of powerlessness for those facing criminal charges, their families, and their communities. But the courthouse can also be an important site of resistance, a place where Americans affected by incarceration can become agents of change—even though they are not lawyers or judges.