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Illinois congressman Henry Hyde once remarked that after reading Eleanor Roosevelt's editorials in the 1950s, he was driven into the embrace of the Republican Party. Similarly all the liberal talking heads appearing on the cable news channels have driven this longstanding Goldwater Republican to write a response. In it the author describes Republican Values from the perspective of growing up in an entrepreneurial family and his own self-employment in the financial industry. Drawing on his experiences as a Navy Midshipman while attending a private Eastern University during the turbulent 1960s, and then as a Marine combat officer during the Vietnam Era when domestic terrorism was in vogue, he discusses the politically correct's childish behavior from that unique perspective. As a former professional military officer and later a trained economist and financial analyst who's spent three decades successfully anticipating the impact of public policy on the financial markets, the author addresses issues dominating the election of 2004. This includes the politically correct's failure to understand the war on terror, understanding that their rhetoric can best be understood from the perspective of what Stalin called 'social fascism' with the accompanying need to demonize one's opposition.
The safeguarding of authentic facts is essential, especially in this disruptive Orwellian age, where digital technologies have opened the door to a post-truth world in which "alternative facts" can be so easily accepted as valid. And because facts matter, evidence matters. In this urgent manifesto, archives luminary Millar makes the case that authentic and accurate records, archives, data, and other sources of documentary proof are crucial in supporting and fostering a society that is respectful, democratic, and self-aware. An eye-opening treatise for the general public, an invaluable resource for archives students, and a provocative call-to-arms for information and records professionals, Millar's book explains the concept of evidence and discusses the ways in which records, archives, and data are not just useful tools for our daily existence but also essential sources of evidence both today and in the future; includes plentiful examples that illustrate the critical role evidence plays in upholding rights, enforcing responsibilities, tracing family or community stories, and capturing and sharing memories; and examines the impact of digital technologies on how records and information are created and used. With documentary examples ranging from Mesopotamian clay tablets to World War II photographs to today’s Twitter messages and Facebook posts, Millar’s stirring book will encourage readers to understand more fully the importance of their own records and archives, for themselves and for future generations.
While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.
Over twenty-two months in 1979 and 1981 nearly two dozen children were unspeakably murdered in Atlanta despite national attention and outcry; they were all Black. James Baldwin investigated these murders, the Black administration in Atlanta, and Wayne Williams, the Black man tried for the crimes. Because there was only evidence to convict Williams for the murders of two men, the children's cases were closed, offering no justice to the families or the country. Baldwin's incisive analysis implicates the failures of integration as the guilt party, arguing, "There could be no more devastating proof of this assault than the slaughter of the children." As Stacey Abrams writes in her foreword, "The humanity of black children, of black men and women, of black lives, has ever been a conundrum for America. Forty years on, Baldwin's writing reminds us that we have never resolved the core query: Do black lives matter? Unequivocally, the moral answer is yes, but James Baldwin refuses such rhetorical comfort." In this, his last book, by excavating American race relations Baldwin exposes the hard-to-face ingrained issues and demands that we all reckon with them.
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.
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.