Résultats Éditeur "Tantor Audio" dans Droit

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate.

Advocate discusses the travails of prominent politicians and other well-known individuals, focusing particularly on high-profile congressional and other investigations. Credited with developing the modern system for vetting Democratic vice-presidential candidates, Hamilton recounts his extensive vetting of vice-presidential, cabinet, and Supreme Court candidates-including Joe Biden, John Edwards, and Ruth Bader Ginsburg. Advocate is a richly detailed history of some of the most sensational and controversial events in Washington politics over the past 50 years.

Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.

A host of technologies—including digital cameras, drones, facial recognition devices, night-vision binoculars, automated license plate readers, GPS, geofencing, DNA matching, datamining, and artificial intelligence—have enabled police to carry out much of their work without leaving the office or squad car, in ways that do not easily fit the traditional physical search and seizure model envisioned by the framers of the Constitution. Virtual Searches develops a useful typology for sorting through this bewildering array of old, new, and soon-to-arrive policing techniques.

In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. Legal reforms gradually brought an end to traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people's rights.

Whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. This Very Short Introduction explains the "where," "when," and "who" of American courts. It also makes clear the "how" and "why" behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels.

In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students found that DeLuna almost certainly was innocent. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously.

In this book, Katherine Beckett explains how and why mass incarceration persists despite growing recognition of its many failures, plummeting crime rates, and widespread efforts by state legislators and others to reduce prison populations. Beckett identifies three primary forces sustaining incarceration rates in this country: political dynamics around violence, resistance to criminal legal system reform in suburban and rural counties, and the failure of popular drug policy reforms to reduce the reach of the criminal legal system.

The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch.

When a young screenwriter goes online to check out the promotional website for a new poker movie called Rounders, he's shocked to discover how similar it is to a screenplay he wrote a few years earlier. Against all odds, he proceeds to take on Miramax and the Hollywood system with the help of an ingenious lawyer. Jeffrey Grosso simply has to prove how it could have happened and convince a judicial system that often favors studios over writers that he's a victim of intellectual property theft, which results in a ten-year landmark legal battle against Hollywood's most notorious studio.

Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? Who wins the disputes of the day often turns on who decides them. And our acceptance of the resolution of those disputes often turns on who the decision maker is—because it reveals who governs us. Who Decides makes the case that Constitutional Law should account for the role of the state courts and constitutions, together with the federal courts and constitution, in assessing the right balance of power among all branches of government.

When Freedom Speaks chronicles the stories behind our First Amendment right to speak our minds. Lynn Levine Greenky's background as a lawyer, rhetorician, and teacher gives her a unique perspective on the protection we have from laws that abridge our right to the freedom of speech. Powerfully employing that rhetorical approach, this book explores concepts related to free speech as moral narratives that proscribe the boundaries of our constitutionally protected right.

For over seventy years and five generations, the enslaved families of Prince George's County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation's capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families.

For almost a decade, Backpage was the world's largest sex trafficking operation. Seven days a week, 24 hours a day, in 800 cities throughout the world, Backpage ran thousands of listings advertising the sale of vulnerable young people for sex. Reaping a cut off every transaction, the owners of the website raked in millions of dollars. But many of the people in the advertisements were children, as young as 12, and forced into the commercial sex trade through fear, violence, and coercion.

In Real Americans, Jared A. Goldstein boldly challenges the conventional wisdom that a shared devotion to the Constitution is the essence of what it means to be American.

On September 17, 1787, at the State House in Philadelphia, 39 men from 12 states, after months of often bitter debate, signed America's Constitution. Yet very few of the delegates, at the start, had had any intention of creating a nation that would last. Most were driven more by pragmatic, regional interests than by idealistic vision. Lawrence Goldstone chronicles the forging of the Constitution through the prism of the crucial compromises made by men consumed with the needs of the slave economy.

Forensic science is in crisis and at a cross-roads. Movies and television dramas depict forensic heroes with high-tech tools and dazzling intellects who - inside an hour, notwithstanding commercials - piece together past-event puzzles from crime scenes and autopsies. Likewise, Sherlock Holmes - the iconic fictional detective, and the invention of forensic doctor Sir Arthur Conan Doyle - is held up as a paragon of forensic and scientific inspiration - does not "reason forward" as most people do, but "reasons backwards."

Nearly every aspect of our criminal justice system encourages defendants-whether innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens.