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Since the first editon was published in 1996, the nature of judges' papers has changed as more and more of the work of the federal courts is documented in electronic records. The record-keeping practices of the courts have also changed. This second edition discusses the preservation challenges of new media, the protocols surrounding sensitive and classified documents, and the range of access restrictions that might be appropriate for a collection of judicial papers. This edition includes updated samples of donor agreements and inventories of judicial collections.
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
This guide describes the records of the federal courts, as well as records of Congress and the executive branch, that are relevant to researching federal judicial history. Includes an Introduction to Historical Research in Federal Judicial History. This is a print on demand edition of an important, hard-to-find publication.
A comprehensive, three-volume set that provides detailed background essays, short topical entries, and primary document excerpts to explain the organization, history, and functioning of the U.S. justice system. The U.S. Justice System: An Encyclopedia is a one-stop resource, uniquely structured to include both introductory information as well as more in-depth and detailed resources. It explains not only how the American civil and criminal justice system affects the parties to a particular case or other legal action, but also how the rights, benefits, and legal protections of our country impact virtually all people in America. The set comprises three volumes. The first volume provides chapter-length essays explaining the organization and functioning of federal, state, and local government, as well as the working of federal and state judiciaries, regulatory bodies, and penal systems. The second volume contains shorter, alphabetically arranged entries on hundreds of law-related topics, including case descriptions and biographies of major figures, federal and state court organizational charts, legal statistics, and other background information. The third volume contains original documents, statutes, and texts of important cases relevant to the functioning of the American justice system. Readers will understand the structures, concepts, and vocabulary of American law and legal institutions, and grasp how the U.S. legal system has evolved to meet the complex changing needs of the nation.
In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
Outreach: Innovative Practices for Archives and Special Collections explores how archives of different sizes and types are reaching out to new potential users and increasing awareness of programs and collections. The book features twelve case studies that demonstrate ideas that can be transferred into many other settings. Some of the practices described in the case studies rely primarily on technology and the Web to interact with the public, while others are centered on face-to-face activities. The case studies featured are The Oregon Archives Crawl: Engaging New Users and Advocates Moved by the Spirit: Opportunistic Promotion of the Hamilton Family Séance Collection Working Within the Law: Public Programming and Continuing Education Staying Connected: Engaging Alumni and Students to Digitize the Carl “Pappy” Fehr Choral Music Collection “Pin”pointing Success: Assessing the Value of Pinterest and Historypin for Special Collections Outreach Creating a New Learning Center: Designing a Space to Support Multiple Outreach Goals "Wikipedia is made of people!”: Revelations from Collaborating with the World's Most Popular Encyclopedia 21 Revolutions: New Art from Old Objects Happy Accidents and Unintended Consequences: How We Named Our Tribble Navigating Nightingale: Creating an App Out of Archives DIY History: Redesigning a Platform for a Transcription Crowdsourcing Initiative Taking Preservation to the People: Educating the Public About Personal Digital Archiving All twelve case studies look at outreach as identifying the organization’s intended audience, building new ways of reaching them, and helping the organization achieve its mission. Each also reflects a philosophy of experimentation that is perhaps the most critical ingredient for any organization interested in developing its own “innovative” practices. This volume will be useful to those working in archives and special collections as well as other cultural heritage organizations, and provides ideas ranging from those that require long-term planning and coordination to those that could be immediately implemented. It also provides students and educators in archives, library, and public history graduate programs a resource for understanding the variety of ways people conduct outreach in the field today and the kinds of strategies archivists are using to attract new users to collections.
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.