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Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined, and it is essentially a trial judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion. Criminal sentencing, child welfare, the protection of those who lack mental capacity, and disputes about medical treatment are obvious examples. How do judges go about that? How far are judges influenced or affected by their backgrounds, beliefs, and own life experiences? And, if consistency is an aspect of public justice, can that be achieved? And what about the conflict between public justice and personal privacy? These are pressing questions in a society where judges have greater effective power than ever before. [Subject: Family Law, Judicial History]
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.
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
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.
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
The world came to know the Franciscan priest Mychal Judge through the bravery and self-sacrifice he displayed during the World Trade Center attacks of September 11, 2001. But long before his lifeless body was carried out of the rubble (a moment captured in a photograph that became immediately famous), and before he was officially designated “Victim 0001” of that day’s attacks, Fr. Judge was, to a great many people, a beloved priest known for his compassion and faith. In Mychal Judge, Francis DeBernardo offers a spiritual biography that will move and fascinate readers. It details the personal history and experiences—including his Irish-American upbringing, his struggles with alcoholism, his care for the marginalized, and his ministry to firefighters—that formed the man who ultimately died running into the North Tower to try to save and minister to the terrified and the dying. Whether meeting him in these pages for the first time or getting to know him better, readers will encounter in Fr. Judge a figure they will not soon forget.
#1 NEW YORK TIMES BESTSELLER • Investigator Lacy Stoltz follows the trail of a serial killer, and closes in on a shocking suspect—a sitting judge—in “one of the best crime reads of the year.... Bristling with high-tech detail and shivering with suspense.... Worth staying up all night to finish” (Wall Street Journal). In The Whistler, Lacy Stoltz investigated a corrupt judge who was taking millions in bribes from a crime syndicate. She put the criminals away, but only after being attacked and nearly killed. Three years later, and approaching forty, she is tired of her work for the Florida Board on Judicial Conduct and ready for a change. Then she meets a mysterious woman who is so frightened she uses a number of aliases. Jeri Crosby’s father was murdered twenty years earlier in a case that remains unsolved and that has grown stone cold. But Jeri has a suspect whom she has become obsessed with and has stalked for two decades. Along the way, she has discovered other victims. Suspicions are easy enough, but proof seems impossible. The man is brilliant, patient, and always one step ahead of law enforcement. He is the most cunning of all serial killers. He knows forensics, police procedure, and most important: he knows the law. He is a judge, in Florida—under Lacy’s jurisdiction. He has a list, with the names of his victims and targets, all unsuspecting people unlucky enough to have crossed his path and wronged him in some way. How can Lacy pursue him, without becoming the next name on his list? The Judge’s List is by any measure John Grisham’s most surprising, chilling novel yet. Don’t miss John Grisham’s new book, THE EXCHANGE: AFTER THE FIRM!
The sin of judging and the error of legalism cause many of the interpersonal conflicts we experience as believers. Plaguing many of our Christian institutions, from churches to schools to families, these problems sap our spiritual strength and weaken the work of God in our midst.This helpful book defines judging and legalism in a biblical manner and discusses two often-overlooked biblical commands: do not pass judgment before the time and do not exceed what is written (1 Cor. 4:5-6). Learning to identify and avoid these problems will help promote peace and joy in the body of Christ and release believers to serve God in the freedom of his grace! All Christians have, at one time or another, borne the brunt of inappropriate judging and the burden of legalism and will welcome this book.
The book was written for the general public in an effort to explain, in practical terms, the perspective behind some of the most newsworthy and sensatinal cases of the last 20 years. The Judge discusses the death penalty, racketeering, gun laws,drug laws, discrimination laws, race riots, terrorism, and foreign affairs, as well as the more humble aspects of being a man on the bench.