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This book analyzes the newspaper coverage of one of America’s most famous and dramatic trials–the trial of the “Chicago 8.” Covering a five month period from September 1969 to February 1970 the book considers the way eight radical activists including Black Panther leader Bobby Seale, antiwar activists Tom Hayden, David Dellinger, and Rennie Davis, and leading Yippies, Abbie Hoffman and Jerry Rubin are represented in the press. How did the New York Times represent Judge Hoffman’s decision to chain and gag Bobby Seale in the courtroom for demanding his right to represent himself? To what extent did the press adequately describe the injustice visited on the defendants in the trial by the presiding Judge, Julius J Hoffman? The author aims to answer these questions and demonstrate the press’s reluctance to criticize Judge Hoffman in the case until the evidence of his misconduct of the trial became overwhelming.
A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.
Perhaps no drama catches the interest of the American public more than a spectacular trial. Even though the reporting of a crime may quickly diminish in news value, the trial lingers while drama builds. Although this has become seemingly more pronounced in recent years with the popularity of televised trials, public interest in criminal trials was just as high in 1735 when John Peter Zenger defended his right to free speech, or in 1893 when Lizzie Borden was tried for the murder of her father and stepmother. This book tells the stories of sixteen significant trials in American history and their media coverage, from the Zenger trial in 1735 to the O. J. Simpson trial in 1995. Each chapter relates the history of events leading up to the trial, the people involved, and how the crimes and subsequent trials were reported.
THE TRIAL THAT IS NOW A MAJOR MOTION PICTURE Reprinted to coincide with the release of the new Aaron Sorkin film, this book provides the political background of this infamous trial, narrating the utter craziness of the courtroom and revealing both the humorous antics and the serious politics involved Opening at the end of 1969—a politically charged year at the beginning of Nixon's presidency and at the height of the anti-war movement—the Trial of the Chicago Seven (which started out as the Chicago Eight) brought together Yippies, antiwar activists, and Black Panthers to face conspiracy charges following massive protests at the 1968 Democratic National Convention in Chicago, protests which continue to have remarkable contemporary resonance. The defendants—Rennie Davis, Dave Dellinger, John Froines, Tom Hayden, Abbie Hoffman, Jerry Rubin, Bobby Seale (the co-founder of the Black Panther Party who was ultimately removed from the trial, making it seven and not eight who were on trial), and Lee Weiner—openly lampooned the proceedings, blowing kisses to the jury, wearing their own judicial robes, and bringing a Viet Cong flag into the courtroom. Eventually the judge ordered Seale to be bound and gagged for insisting on representing himself. Adding to the theater in the courtroom an array of celebrity witnesses appeared, among them Timothy Leary, Norman Mailer, Arlo Guthrie, Judy Collins, and Allen Ginsberg (who provoked the prosecution by chanting "Om" on the witness stand). This book combines an abridged transcript of the trial with astute commentary by historian and journalist Jon Wiener, and brings to vivid life an extraordinary event which, like Woodstock, came to epitomize the late 1960s and the cause for free speech and the right to protest—causes that are very much alive a half century later. As Wiener writes, "At the end of the sixties, it seemed that all the conflicts in America were distilled and then acted out in the courtroom of the Chicago Conspiracy trial." An afterword by the late Tom Hayden examines the trial's ongoing relevance, and drawings by Jules Feiffer help recreate the electrifying atmosphere of the courtroom.
In November 1984, Jeffrey Masson filed a libel suit against writer Janet Malcolm and the New Yorker, claiming that Malcolm had intentionally misquoted him in a profile she wrote for the magazine about his former career as a Freud scholar and administrator of the Freud archives. Over the next twelve years the case moved up and down the federal judicial ladder, at one point reaching the U.S. Supreme Court, as lawyers and judges wrestled with questions about the representation of truth in journalism and, by extension, the limits of First Amendment protections of free speech. Had a successful Freudian scholar actually called himself an intellectual gigolo and the greatest analyst who ever lived? Or had a respected writer for the New Yorker knowingly placed false, self-damning words in her subject's mouth? In Literary Journalism on Trial, Kathy Roberts Forde explores the implications of Masson v. New Yorker in the context of the history of American journalism. She shows how the case represents a watershed moment in a long debate between the advocates of traditional and literary journalism and explains how it reflects a significant intellectual project of the period: the postmodern critique of objectivity, with its insistence on the instability of language and rejection of unitary truth in human affairs. The case, Forde argues, helped widen the perceived divide between ideas of literary and traditional journalism and forced the resolution of these conflicting conceptions of truth in the constitutional arena of libel law. By embracing traditional journalism's emphasis on fact and objectivity and rejecting a broader understanding of truth, the Supreme Court turned away from the FirstAmendment theory articulated in previous rulings, opting to value less the free, uninhibited interchange of ideas necessary to democracy and more the trustworthiness of public expression. The Court's decision in this case thus had implications that reached beyond the legal realm to the values and norms expressed in the triangular relationship between American democracy, First Amendment principles, and the press.
The controversial 1922 Federal Baseball Supreme Court ruling held that the "business of base ball" was not subject to the Sherman Antitrust Act because it did not constitute interstate commerce. In Baseball on Trial, legal scholar Nathaniel Grow defies conventional wisdom to explain why the unanimous Supreme Court opinion authored by Justice Oliver Wendell Holmes, which gave rise to Major League Baseball's exemption from antitrust law, was correct given the circumstances of the time. Currently a billion dollar enterprise, professional baseball teams crisscross the country while the games are broadcast via radio, television, and internet coast to coast. The sheer scope of this activity would seem to embody the phrase "interstate commerce." Yet baseball is the only professional sport--indeed the sole industry--in the United States that currently benefits from a judicially constructed antitrust immunity. How could this be? Drawing upon recently released documents from the National Baseball Hall of Fame, Grow analyzes how the Supreme Court reached this seemingly peculiar result by tracing the Federal Baseball litigation from its roots in 1914 to its resolution in 1922, in the process uncovering significant new details about the proceedings. Grow observes that while interstate commerce was measured at the time by the exchange of tangible goods, baseball teams in the 1910s merely provided live entertainment to their fans, while radio was a fledgling technology that had little impact on the sport. The book ultimately concludes that, despite the frequent criticism of the opinion, the Supreme Court's decision was consistent with the conditions and legal climate of the early twentieth century.
"A multiple murder case in Nebraska in October 1975 attracted massive media attention, spawning a collision between the rights of free press and fair trial. Scherer details the criminal prosecution and the ensuing legal battles that led to a landmark constitutional ruling regarding these rights by the U.S. Supreme Court"--Provided by publisher.
"He won't be tried in the United States. He can't be tried by an international tribunal. So Donald Rumsfeld will have to be prosecuted by book."—from The Trial of Donald RumsfeldThe Trial of Donald Rumsfeld lays out the evidence that high-level officials of the Bush administration ordered, authorized, implemented, and permitted war crimes, in particular the crimes of torture and cruel, inhuman, and degrading treatment.Using primary source documents ranging from Rumsfeld's "techniques chart" and Iraqi plaintiffs' statements to the testimony of whistleblowers and key pieces of reportage, the book sets forth evidence of a torture program that took place throughout the world: in Afghanistan, Iraq, Guantánamo, secret CIA prisons, and other places unknown.The accused are accorded a defense drawn from their memos and public statements. Readers are allowed to judge whether the Bush administration has engaged in torture and whom among the administration to hold responsible.Reminiscent of Christopher Hitchens's bestselling The Trial of Henry Kissinger, The Trial of Donald Rumsfeld constitutes one of the only attempts to hold high-ranking Bush administration officials criminally responsible for their actions.Includes excerpts from:• testimony from Abu Ghraib victims and the Tipton Three• the interrogation log from Mohammed al Qahtani's detainment at Guantánamo• the Gonzales, Yoo, and Bybee memos• the U.S. Army's Fay/Jones Report on the abuse of prisoners at Abu Ghraib• the August 2004 Final Report of the Independent Panel to Review Department of Defense Detention Operations• testimony from the former head of Abu Ghraib, Janis Karpinski• and analyses by Peter Weiss, Wolfgang Kaleck, Vincent Warren, and others
Gerry Handley faced years of blatant race-based harassment before he filed a complaint against his employer: racist jokes, signs reading “KKK” in his work area, and even questions from coworkers as to whether he had sex with his daughter as slaves supposedly did. He had an unusually strong case, with copious documentation and coworkers’ support, and he settled for $50,000, even winning back his job. But victory came at a high cost. Legal fees cut into Mr. Handley’s winnings, and tensions surrounding the lawsuit poisoned the workplace. A year later, he lost his job due to downsizing by his company. Mr. Handley exemplifies the burden plaintiffs bear in contemporary civil rights litigation. In the decades since the civil rights movement, we’ve made progress, but not nearly as much as it might seem. On the surface, America’s commitment to equal opportunity in the workplace has never been clearer. Virtually every company has antidiscrimination policies in place, and there are laws designed to protect these rights across a range of marginalized groups. But, as Ellen Berrey, Robert L. Nelson, and Laura Beth Nielsen compellingly show, this progressive vision of the law falls far short in practice. When aggrieved individuals turn to the law, the adversarial character of litigation imposes considerable personal and financial costs that make plaintiffs feel like they’ve lost regardless of the outcome of the case. Employer defendants also are dissatisfied with the system, often feeling “held up” by what they see as frivolous cases. And even when the case is resolved in the plaintiff’s favor, the conditions that gave rise to the lawsuit rarely change. In fact, the contemporary approach to workplace discrimination law perversely comes to reinforce the very hierarchies that antidiscrimination laws were created to redress. Based on rich interviews with plaintiffs, attorneys, and representatives of defendants and an original national dataset on case outcomes, Rights on Trial reveals the fundamental flaws of workplace discrimination law and offers practical recommendations for how we might better respond to persistent patterns of discrimination.