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In 1962 John Goldmark, cattle rancher, Harvard Law School graduate, and distinguished three-term state legislator for a lightly populated area in north central Washington, was overwhelmingly defeated in his bid for reelection. He and his wife, Sally, had been accused of being communists by a small group of right-wing extremists. The Goldmarks sued their accusers for libel and when their case came to trial in the winter of 1963-64 it has become a cause celebre throughout the country. Witnesses of national reputation crossed the country to testify, the eastern press covered the case, and issues of civil liberties, the communist challenge to the values of American society, and the radical right movement were fought out before a rural jury. The charge that the American Civil Liberties Union was a communist front, among other issues, was litigated for the first time. Today the Goldmark trial can still tell us much about democracy, civil liberties, and trial by jury. William Dwyer was the Goldmarks' chief counsel. His gripping story of their nightmare and ultimate vindication is a classic of American trial court history. He provides a vivid picture of the political climate and its effect on everyone involved--plaintiffs, defendants, and counsel for both sides. In addition he gives us a fascinating description of the courtroom drama itself, revealed in the extensively quoted testimony, and a fascinating account of the way trial lawyers plan the strategy of a case: from jury selection, the questioning and cross-examination of witnesses, to final arguments.
#1 NATIONAL BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD WINNER • The true story of one man so determined to take down two of the nation's largest corporations accused of killing children from water contamination that he risks losing everything. "The legal thriller of the decade." —Cleveland Plain Dealer Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship" by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall.
Self-representation has a long, venerable history dating to biblical times and continuing through the common law, the colonial era, to the present. This book collects and analyzes the law, ethics opinions, and empirical studies about the wide range of issues surrounding Self-represented litigants (SRLs) in our justice system, including how much, if any, assistance should a judge provide, what duties do lawyers interacting with SRLs, and many others. Using recent empirical studies from both Civil litigation and criminal defense, Jona Goldschmidt argues that SRLs’ cases cannot be fairly heard without a mandatory judicial duty of reasonable assistance. In order to maintain public trust and confidence in our justice system, self-represented parties must be guided and assisted. Courts and the legal profession should continue to adapt and meet the challenge of managing and interacting with those who choose or are compelled to self-represent. Only when self-represented litigants are embraced by the courts, they will finally receive “equal justice under law.” This book would be of interest to those studying criminal justice and legal studies, specifically legal history and legal ethics, as well as judges, lawyers and other professionals in the field.
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--
Contrary to longtime assumptions about the insular nature of imperial China’s legal system, Circulating the Code demonstrates that in the Qing dynasty (1644–1911) most legal books were commercially published and available to anyone who could afford to buy them. Publishers not only extended circulation of the dynastic code and other legal texts but also enhanced the judicial authority of case precedents and unofficial legal commentaries by making them more broadly available in convenient formats. As a result, the laws no longer represented privileged knowledge monopolized by the imperial state and elites. Trade in commercial legal imprints contributed to the formation of a new legal culture that included the free flow of accurate information, the rise of nonofficial legal experts, a large law-savvy population, and a high litigation rate. Comparing different official and commercial editions of the Qing Code, popular handbooks for amateur legal practitioners, and manuals for community legal lectures, Ting Zhang demonstrates how the dissemination of legal information transformed Chinese law, judicial authority, and popular legal consciousness.
Explains why lawyers seeking gender progress from primary legal materials should start with the common law.