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This is the first book ever written for the defense on how to avoid runaway jury verdicts. I wrote this book because I care about fairness. I believe everyone has the right to a fair trial, not just plaintiff lawyers and their clients. Defendants are entitled to have a jury decide their case without being stirred with passion and bias by creative plaintiff lawyers. This is the defense "playbook" for justice. You will learn trial techniques to even the playing field for defendants seeking a fair trial. Every aspect of a civil jury trial will be covered, from voir dire to opening statements to witnesses and finally closing arguments. There is a formula for defeating plaintiff attorneys' deceptive tactics and psychological gamesmanship, and you will learn it. While full of 30 years of trial victories and personal experiences, this is a "how to" book. How to defend at trial. How to beat plaintiff attorneys at their own game. How to win. It is time to bring an end to the epidemic of nuclear verdicts across our country. It is time for you to take back justice for all! NUCLEAR VERDICTS MUST BE STOPPED! YOU CAN STOP THEM. RESPONSIBILITY. In every jury trial, accepting responsibility is not only the right thing to do, it is the most important thing you will do, no exceptions. Own what you did in every single jury trial, no excuses. REASONABLENESS. Be the most reasonable person in the courtroom. Do not take the typical defense approach of ­ fighting every little thing. Show the jury you care, and they will return a verdict that is fair and just for all. COMMON SENSE. The ultimate equalizer in any case is common sense. It allows the jury to come to a conclusion that is fair and reasonable. You must go beyond the evidence and the law, and help the jury apply their common sense for a righteous verdict.
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.
The rapid proliferation and growing sophistication of aerospace weapons--rockets, missiles, and drones--have altered the landscape of warfare. The influence of these weapons on the battlefield is felt profoundly, yet the mechanism of coercion by which these weapons alter the will of the adversary is poorly understood. In Bombing to Provoke, Jaganath Sankaran argues that it is not what these aerospace weapons physically do but what they prompt the target state to do in response that matters for understanding their coercive effect. By threatening a chemical, biological, or nuclear strike or demonstrating the ability to bombard the target's economic and political core repeatedly, aerospace weapons coerce by weaponizing fear and triggering a sense of defenselessness. Sankaran provides a series of historical and current case studies to show how these fears amplify the political vulnerabilities of the target state, coercing it to divert substantial military resources away from other vital missions to redress the threat. This scenario is playing out in real time right now in both the Russo-Ukraine and Israel-Gaza theaters, both of which are seeing barrages of cross-border missile and rocket fire aimed at weakening the target's resolve. For anyone seeking to understand why states at war in the age of aerospace weapon warfare operate and react in the ways that they do, this book's methodical dissection of the strategic rationale behind these weapons makes it necessary reading.
A nuclear weapon or a significant quantity of special nuclear material (SNM) would be of great value to a terrorist or other adversary. It might have particular value if acquired from a U.S. facility-in addition to acquiring a highly destructive tool, the adversary would demonstrate an inability of the United States to protect its nuclear assets. The United States expends considerable resources toward maintaining effective security at facilities that house its nuclear assets. However, particularly in a budget-constrained environment, it is essential that these assets are also secured efficiently, meaning at reasonable cost and imposing minimal burdens on the primary missions of the organizations that operate U.S. nuclear facilities. It is in this context that the U.S. Congress directed the National Nuclear Security Administration (NNSA)-a semi-autonomous agency in the U.S. Department of Energy (DOE) responsible for securing nuclear weapons and significant quantities of SNM-asked the National Academies for advice on augmenting its security approach, particularly on the applicability of quantitative and other risk-based approaches for securing its facilities. In carrying out its charge, the committee has focused on what actions NNSA could take to make its security approach more effective and efficient. The committee concluded that the solution to balancing cost, security, and operations at facilities in the nuclear weapons complex is not to assess security risks more quantitatively or more precisely. This is primarily because there is no comprehensive analytical basis for defining the attack strategies that a malicious, creative, and deliberate adversary might employ or the probabilities associated with them. However, using structured thinking processes and techniques to characterize security risk could improve NNSA's understanding of security vulnerabilities and guide more effective resource allocation.
An authoritative and up-to-date introduction to the American legal system. In this sixth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fifth edition, there have been many important developments on the legal front. The Supreme Court has become more conservative and is in the process of handing down important decisions that will change the law on affirmative action, abortion, gun rights, presidential power, and religious rights. Feinman covers all of this and expands his discussion of originalism, the guiding philosophy of many conservative jurists serving on the federal bench now. He also addresses the rapidly changing legal landscape in a variety of issue areas: race and the criminal justice system, cryptocurrency, and tort reform, among others. This fully updated edition of Law 101 accounts for all these developments and more, as Feinman once again covers all the main subjects taught in the first year of law school. Drawing from noteworthy, infamous, and even outrageous examples and cases, he discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, tort, and contract law. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislatures, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
First published in 1960, this is the only authorized account of the trial of Francis Gary Powers, the U-2 pilot shot down by the Soviet Union on May 1, 1960. The court proceedings were held before the Military Division of the Supreme Court of the U.S.S.R. in Moscow, Russia and commenced on August 17, 1960 and concluded on August 19, 1960. Includes introductory comments written by internationally renowned authority on Soviet law, Professor Harold J. Berman, and richly illustrated throughout with exclusive courtroom photos. An exclusive ringside seat at one of the most dramatic trials in modern times!
This book interrogates rising fascism in America. It spotlights the major facets of fascism that increasingly characterize contemporary US politics, in relation to political authoritarianism, the rise of anti-intellectualism, the mainstreaming of conspiracy theories, the glorification of political street violence and state violence, rising white supremacy, and the militarization of US political discourse. Alongside this, Giroux and DiMaggio show how the assault on critical education and pedagogy is central to the fascist program. They stress the importance of reprioritizing education as a public good to combating fascist politics and ideology and draw links between fascism and the banning of books in schools, whitewashing history, and punishing policies aimed at Black, Brown, and transgender youth. They challenge the commonly embraced notion that Trumpism is primarily a function of economic insecurity within his support base, documenting how support for the former president primarily centered on reactionary socio-cultural values and white supremacy. They also show how white supremacist values are central to the Trump base defending the January 6th insurrection, despite academics, journalists, and political officials in both major parties ignoring the threat of rising white nationalism.
Six hours of lectures and mock trial demonstrations, based on the author's 39 years of trial practice experience. The material emphasizes the development of skills needed by young lawyers. Berg offers practical tips and advice as well trial strategies and techniques.
No place is perfectly safe, but some places are more dangerous than others. Whether we live on a floodplain or in "Tornado Alley," near a nuclear facility or in a neighborhood poorly lit at night, we all co-exist uneasily with natural and man-made hazards. As Mark Monmonier shows in this entertaining and immensely informative book, maps can tell us a lot about where we can anticipate certain hazards, but they can also be dangerously misleading. California, for example, takes earthquakes seriously, with a comprehensive program of seismic mapping, whereas Washington has been comparatively lax about earthquakes in Puget Sound. But as the Northridge earthquake in January 1994 demonstrated all too clearly to Californians, even reliable seismic-hazard maps can deceive anyone who misinterprets "known fault-lines" as the only places vulnerable to earthquakes. Important as it is to predict and prepare for catastrophic natural hazards, more subtle and persistent phenomena such as pollution and crime also pose serious dangers that we have to cope with on a daily basis. Hazard-zone maps highlight these more insidious hazards and raise awareness about them among planners, local officials, and the public. With the help of many maps illustrating examples from all corners of the United States, Monmonier demonstrates how hazard mapping reflects not just scientific understanding of hazards but also perceptions of risk and how risk can be reduced. Whether you live on a faultline or a coastline, near a toxic waste dump or an EMF-generating power line, you ignore this book's plain-language advice on geographic hazards and how to avoid them at your own peril. "No one should buy a home, rent an apartment, or even drink the local water without having read this fascinating cartographic alert on the dangers that lurk in our everyday lives. . . . Who has not asked where it is safe to live? Cartographies of Danger provides the answer."—H. J. de Blij, NBC News "Even if you're not interested in maps, you're almost certainly interested in hazards. And this book is one of the best places I've seen to learn about them in a highly entertaining and informative fashion."—John Casti, New Scientist