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Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Two-term governor of Tennessee Bill Haslam reveals how faith--too often divisive and contentious--can be a redemptive and unifying presence in the public square. As a former mayor and governor, Bill Haslam has long been at the center of politics and policy on local, state, and federal levels. And he has consistently been guided by his faith, which influenced his actions on issues ranging from capital punishment to pardons, health care to abortion, welfare to free college tuition. Yet the place of faith in public life has been hotly debated since our nation's founding, and the relationship of church and state remains contentious to this day--and for good reason. Too often, Bill Haslam argues, Christians end up shaping their faith to fit their politics rather than forming their politics to their faith. They seem to forget their calling is to be used by God in service of others rather than to use God to reach their own desires and ends. Faithful Presence calls for a different way. Drawing upon his years of public service, Haslam casts a remarkable vision for the redemptive role of faith in politics while examining some of the most complex issues of our time, including: partisanship in our divided era; the most essential character trait for a public servant; how we cannot escape "legislating morality"; the answer to perpetual outrage; and how to think about the separation of church and state. For Christians ready to be salt and light, as well as for those of a different faith or no faith at all, Faithful Presence argues that faith can be a redemptive, healing presence in the public square--as it must be, if our nation is to flourish.
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.
In Edward Terry Sanford: A Tennessean on the U.S. Supreme Court, Stephanie Slater uncovers the life and work of Edward Terry Sanford (1865-1930), the only Supreme Court justice who obtained his undergraduate degree from the University of Tennessee. Born and raised in Knoxville, Sanford served as an associate justice on the United States Supreme Court from 1923 until his death in 1930. He was one of only six Tennesseans to serve on the nation's highest Court. Slater's delineation of Sanford's contributions to the legal profession illuminates one of Tennessee's favorite sons whose story had, until now, been largely left in the dark. Slater frames Sanford's personality and jurisprudence in a post-Civil War and Taft-era context, one that helps readers better understand both the man and his contributions to the Supreme Court. From Slater's important work we learn about Sanford's early upbringing, the lasting impression a largely pro-Union East Tennessee would leave upon Sanford, his rise from a skilled lawyer to federal judge during the rapid industrialization of Knoxville and the surrounding area, and his eventual appointment to the Supreme Court. Within Sanford's rich legacy is the pivotal role he played in writing the majority opinion in the landmark 1925 case, Gitlow v. New York, a decision which became a critical legal precedent for the expansion of civil rights and civil liberties in the 1950s and 1960s. Slater provides a keen look into the life of a Knoxville native whose life and career may now be appreciated and studied by a new generation. Sanford, his character, and his life as a Tennessean on the Supreme Court are sure to intrigue legal scholars, students of Tennessee culture and history, and general audiences alike.
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.