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This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
“Like Curt Flood and Oscar Robertson, who paved the way for free agency in sports, Ed O’Bannon decided there was a principle at stake... O’Bannon gave the movement to reform college sports...passion and purpose, animated by righteous indignation.” —Jeremy Schaap, ESPN journalist and New York Times bestselling author In 2009, Ed O’Bannon, once a star for the 1995 NCAA Champion UCLA Bruins and a first-round NBA draft pick, thought he’d made peace with the NCAA’s exploitive system of “amateurism.” College athletes generated huge profits, yet—training nearly full-time, forced to tailor coursework around sports, often pawns in corrupt investigations—they saw little from those riches other than revocable scholarships and miniscule chances of going pro. Still, that was all in O’Bannon’s past...until he saw the video game NCAA Basketball 09. As avatars of their college selves—their likenesses, achievements, and playing styles—O’Bannon and his teammates were still making money for the NCAA. So, when asked to fight the system for players past, present, and future—and seeking no personal financial reward, but rather the chance to make college sports more fair—he agreed to be the face of what became a landmark class-action lawsuit. Court Justice brings readers to the front lines of a critical battle in the long fight for players’ rights while also offering O’Bannon’s unique perspective on today’s NCAA recruiting scandals. From the basketball court to the court of law facing NCAA executives, athletic directors, and “expert” witnesses; and finally to his innovative ideas for reform, O’Bannon breaks down history’s most important victory yet against the inequitable model of multi-billion-dollar “amateur” sports.
The views of leading African American jurists from around the country on the way our judicial system works. Included is an interview with Abigail R. Rogers, South Carolina's first female African American judge.
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Through internal court documents, interviews, and Arnold's diaries, Price traces the former judge's life, career, and political transformation from an elite Southerner with deep misgivings about "Brown v. Board of Education" to a modern champion of civil rights.
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
How are sentences for Federal, State, and Local crimes determined in the United States? Is this process fairly and justly applied to all concerned? How have reforms affected the process over the last 25 years? This text for advanced undergraduate students in criminal justice programs seeks to answer these questions.
An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.