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How to restore the can-do spirit that made America great, from the author of the best-selling The Death of Common Sense. Americans are losing the freedom to make sense of daily choices—teachers can’t maintain order in the classroom, managers are trained to avoid candor, schools ban tag, and companies plaster inane warnings on everything: “Remove Baby Before Folding Stroller.” Philip K. Howard’s urgent argument is full of examples, often darkly humorous. He describes the historical and cultural forces that led to this mess and lays out the basic shift in approach needed to fix it. Today we are flooded with legal threats that prevent us from taking responsibility. We must rebuild boundaries of law that protect an open field of freedom. The voices here will ring true to every reader. The analysis is powerful, and the solution unavoidable. What’s at stake, Howard explains in this seminal book, is the vitality of American culture.
The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.
Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
An odd couple legal team takes on drug lords, corrupt judges, murderers, the government--and their own fully justified fears and self-doubts. From the high-powered offices of the Bay Area to the dangerous steets of Central America, Martel delivers a stunning legal thriller.
A counterintuitive and optimistic reconsideration of the crisis in the American legal profession
Traces the life of the flamboyant lawyer who made a career of representing unpopular people and causes, including the Chicago Seven, and Leonard Peltier and the American Indian Movement.
No other nation's creation, both politically and socially, owes such a debt to lawyers as the United States of America. This book traces the story of that creation through the human lives of those who played important parts in it: amongst others, of English lawyers who established the form of the original colonies; of the Founding Fathers, who declared independence and created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the Supreme Court and finally Barack Obama. Even Richard Nixon features, if only as a reminder that even the President is subject to the law. The author combines his wide legal experience and engaging writing style to produce a book that will enthral lawyers and laymen alike, giving perhaps a timely reminder of the importance of the rule of law to American democracy.
NEW YORK TIMES BESTSELLER “We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.