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After a restrained 2017 term in which the Supreme Court muddled through most of its work with just eight justices, the court roared back to life with a momentous term in 2018. With Donald Trump's first appointment to the bench, conservative Justice Neil Gorsuch, finding his footing and swing-vote Justice Anthony Kennedy preparing for retirement at the close of the term, the Court took on a series of cases that touched on some of the most contentious issues in contemporary American life—and in almost every case gave Americans a glimpse of where the court is likely to keep shifting over the coming years: further to the right. In American Justice 2018, journalist Todd Ruger examines the most monumental of these controversial decisions—including those involving religious freedom and minority rights, partisan gerrymandering, President Trump's travel ban, privacy in the digital era, sales tax for online retailers, and apparent tensions between the First Amendment and the collection of union dues. Ruger deftly analyzes how each of these decisions fits into the history of the court—and what the opinions and dissents reveal about the shifting ideological configuration of the institution. Along the way, Ruger reflects on how the term's polarizing docket will shape the future of the Supreme Court and the legacy of individual justices.
Following the retirement of Justice Anthony Kennedy and the controversial confirmation of Justice Brett Kavanaugh, the Supreme Court plunged into a contentious term that featured divisive cases involving abortion, immigration, capital punishment, and voting rights on the court's docket. In American Justice 2019, Mark Joseph Stern examines the term's most controversial opinions and highlights the consequences of Chief Justice John Roberts stepping into a new role as the court's swing vote. No longer bound by Kennedy's erratic moderation, Roberts has begun doling out victories to both Democrats and Republicans, albeit with a clear rightward tilt. Early in the term, Roberts delivered a public rebuke to Trump's attacks on the judiciary, foreshadowing his refusal to tolerate some of the president's most extreme contortions of the law. Stern tracks the chief justice's evolution from staunch conservative to part-time centrist. Along the way, he details the term's blockbusters and surprises, including an unlikely alliance between Justices Neil Gorsuch and Sonia Sotomayor on criminal justice, and an especially radical ruling on the death penalty that overturned decades of precedent. Stern's account depicts a court sharply divided over its role in American democracy, with the man at its center striving to stay above the political fray without abandoning his conservative instincts.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different treatment, reformers founded the nation's first juvenile court in Chicago in 1899. Yet amid an influx of new African American arrivals to the city during the Great Migration, notions of inherent childhood innocence and juvenile justice were circumscribed by race. In documenting how blackness became a marker of criminality that overrode the potential protections the status of "child" could have bestowed, Tera Eva Agyepong shows the entanglements between race and the state's transition to a more punitive form of juvenile justice. In this important study, Agyepong expands the narrative of racialized criminalization in America, revealing that these patterns became embedded in a justice system originally intended to protect children. In doing so, she also complicates our understanding of the nature of migration and what it meant to be black and living in Chicago in the early twentieth century.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.
Despite inventing the juvenile court a little more than a century ago, the United States has become an international outlier in its juvenile sentencing practices. The War on Kids explains how that happened and how policymakers can correct the course of juvenile justice today.
Donald Trump is eroding the rule of law! We've heard it said many times, and we can feel it in our guts. But what does "rule of law" really mean? And what happens when it breaks down? From Richard Painter, a senate candidate and law professor who served as White House chief ethics counsel under President George W. Bush, and New York Times bestselling author Peter Golenbock, American Nero is an in-depth exploration the rule of law—the legal bedrock on which this country was founded. Painter and Golenbock present a clear description of rule of law—arguably the single most important principle underlying our civilization. They also describe the abuses of power that have occurred throughout our nation's history. Beginning in Puritan New England with the infamous Salem Witch Trials, American Nero makes vivid stops at The Red Scare of the 1920s, Japanese-American internment, the McCarthy Era, and, much more recently, President Trump's attempt to violate the First Amendment by banning Muslims from entering the US. While Trump is not the first offender, he is arguably the most blatant, and this unflinchingly honest and insightful work presents in devastating detail the ways in which our current president has trampled the rule of law with his attacks on the freedom of the press, the independence of the judiciary, and the autonomy of the justice department. This is not a book about right vs. left —instead, it is about the rule of law, a principle that transcends partisan politics, and how vital it is to the survival of our country. This book serves as a call-to-action, looking ahead to a brighter future for our country, one where citizens and officials alike protect our rights and honor their responsibilities. Timely and revealing, American Nero shares the lessons of history and lays the framework for returning to a society that respects the rule of law—an America that is consistent with our Founding Fathers' vision of a genuinely free nation.
The Fifth Edition of An Introduction to the American Legal System provides both historical context and thoroughly up-to-date coverage of all aspects of American law and the legal system. Vivid examples, on-point case summaries, and hot-button issues make this text an obvious choice for paralegal, criminal justice, political science, or legal studies courses. New to the Fifth Edition: This edition of An Introduction to the American Legal System introduces a broad reorganization of the text into four parts that are easily grasped by students: Foundations of the Legal System examines the origins of American law and the important institutions and actors of our present system. Public Law covers those areas of the law that govern the relationships between society, government, and the individual. Private Law explains those areas of the law that deal primarily with the rights and duties of private parties. The Legal Process provides an overview of legal procedure. New chapters on civil rights and civil liberties speak to students’ interests and the importance of these issues in today’s society. A new chapter on appellate procedure exhibits the role of judicial review in civil, criminal and administrative contexts. An expanded chapter on administrative law demonstrates the current importance of administrative agencies in the policymaking process. Recent Supreme Court decisions are covered throughout the book. Professors and students will benefit from: Comprehensive coverage of law and the legal system Updated coverage of the Supreme Court through the 2018-19 Term Clear prose Extensive citations Comprehensive glossary of legal terms Thought-provoking discussion questions