Author: Laurence Tribe, Joshua Matz
Publisher: Henry Holt and Company
With the Supreme Court more influential than ever, this eye-opening book tells the story of how the Roberts Court is shaking the foundation of our nation's laws From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
Author: Laurence Tribe, Joshua Matz
A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.
Author: Laurence Tribe, Joshua Matz
"Irresistible...A brilliantly layered account of the Roberts Court filled with memorable stories...This book is a joy to read from start to finish."-Doris Kearns Goodwin, author of Team of Rivals and The Bully Pulpit From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court, and the court's decisions on key topics-including free speech, privacy, voting rights, and presidential power-could be uniquely durable. Tribe, one of the country's leading constitutional lawyers, and Matz dig deeply into the court's rulings to deliver original insights and compelling human stories. In the end, Uncertain Justice illuminates the most colorful story of all-how the Supreme Court and the Constitution frame the way we live.
Author: F. Murray Greenwood, Beverley Boissery
In 1754 Eleanor Powers was hung for a murder committed during a botched robbery. She was the first woman condemned to die in Canada, but would not be the last. In Uncertain Justice, Beverley Boissery and Murray Greenwood portray a cast of women characters almost as often wronged by the law as they have wronged society. Starting with the Powers trial and continuing to the not-too-distant past, the authors expose the patriarchal values that lie at the core of criminal law, and the class and gender biases that permeate its procedures and applications. The writing style is similar to that of a popular mystery: "Harriet Henry lay dead. Horribly and indubitably. Her body sprawled against the bed, the head twisted at a grotesque angle. Foam engulfed the grinning mouth." Scholarly analysis combines with the narrative to make Uncertain Justice a fascinating and engaging read. There is a wealth of information about the emerging and evolving legal system and profession, the state of forensic science, the roles of juries, and the political turmoil and growing resistance to a purely class-based aristocratic form of government.
On a sunny afternoon in March 1922, Deputy Sheriff Morton was gunned down in cold blood, and his grandson, Sherman, wants revenge. For Sherman, only an eye-for-an-eye retribution will serve the demands of justice, but elements of the community feel differently. Soon the national media ignites a frenzy amongst boys' organizations across the country, coaxing the governor to consider a stay of execution for the two youths responsible for the crime. As Sherman's anger and frustration increase, his life begins to unravel -- affecting his job and his relationship with the girl he loves. This riveting true story about the last legal hanging in Georgia captured the attention of a nation, but more importantly, it racked the soul of a boy who dearly loved his grandfather. How does one deal with the long-lasting effects of murder? Does a punishment ever fit the crime? Is it possible, or even necessary to forgive a murderer? Find out within the pages of An Uncertain Justice, a look into the scope of justice and mercy that will make you question what you believe.
Author: John Eekelaar, Mavis Maclean
Publisher: Bloomsbury Publishing
This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.
Author: Citizens for Independent Courts, Century Foundation
Publisher: Twentieth Century Fund
Author: Nicoletta Di Ciolla
Publisher: Cambridge Scholars Publishing
The crime genre entered Italy in the late nineteenth century, and if initially Italian authors followed models developed abroad principally in the United States, England and France a uniquely Italian brand began to emerge soon. Il giallo, as the crime genre has been known in Italy since the 1930s, proved to be the ideal instrument to confront pressing and often uncomfortable issues which were pertinent to the Italian context: it became a useful tool to restore, symbolically at least, the truth and justice that were, and still are, perceived by a large part of the Italian reading public to be systematically denied in reality. In today's Italy, the crime genre, and particularly its noir sub-genre, narrates so that readers might remember, so that they might take heed and action, turning cognition into an act of resistance against oblivion and of rebellion against injustice. Uncertain Justice explores three broad areas that contemporary Italian noir literature appears particularly keen to debate, retrieving them from the silence to which they might otherwise be consigned: unresolved historical and political legacies, the repercussions of which still inform and affect life and practices in the present times; the problematic institution of the family, considered as the bedrock of Italian culture and the founding principle of Italian society, with specific attendant questions of gender politics; and the justice system seen through some of its operators, nominally in charge of putting the wrongs right and frequently accused of preventing this from happening. These explorations are conducted through an analysis of texts published in the last twenty years, which represent an effort to expose and counter injustice through the power of the word. Crime literature authors often revisit recent Italian history in their novels, and genre fiction plays a prominent role in acts of resistance against cover-ups or revisionist views of history. The volume starts with an analysis of this role, through novels that look back at the years of the fascist regime and, more recently, at the period from the anni di piombo onwards. It then considers the contribution made to the giallo and noir genre by women writers, looking at the effects that female practitioners in Italy have had on the ethics and aesthetics of a genre that, in other cultures, has traditionally been firmly conservative. A further section examines novels set in a familial context and looks at a range of family dynamics, expressed in the relationships between mothers and sons, mothers and daughters, large extended families or small nuclear ones. If some of the texts expose the devastating effects of the violence perpetrated "in the name of love," others more positively offer hope, demonstrating how more desirable options do exist and can be pursued. Finally the volume looks at justice as a system and at its practitioners, as, in an interesting development peculiar to Italy, a significant number of judges, lawyers and senior police officers have recently become involved in crime fiction writing. The concluding chapter investigates the contribution that these "specialists," who have extensive theoretical and technical knowledge in a field which crime fiction routinely frequents, can make to the genre; it also analyses whether these authors, who bring together the moral function of unveiling the truth (prerogative of the investigator) and the social function of rectifying a wrong (prerogative of the upholders of the law), may have a role in forming a more ethically and socially aware Italian citizen.
Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.
Author: Laurence H. Tribe
Explores the path to compromise in the controversial issue of abortion, taking into account the crucial issues of right to privacy, the relations between the sexes, and individual freedom
To End a Presidency
Author: Laurence Tribe, Joshua Matz
Publisher: Basic Books
The history and future of our democracy's ultimate sanction, presidential impeachment, and a guide to how it should be used now To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century. Of impeachments, one Constitutional Convention delegate declared, "A good magistrate will not fear them. A bad one will be kept in fear of them." To End a Presidency is an essential book for all Americans seeking to understand how this crucial but fearsome power should be exercised.
Author: Ines Hasselberg
Publisher: Berghahn Books
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.
Since its Independence in 1971, Bangladesh has made remarkable progress in terms of reducing poverty levels, achieving high levels of economic growth over a sustained period of time, and meeting its Millennium Development Goals (MDG) targets set by the United Nations. With some justification, Bangladesh is considered an international development success story, and the country appears to be well on track to meet its policy target of becoming a middle-income country by 2021, the same year the country will celebrate 50 years of Independence. This book explores the central issue of Bangladeshi politics: the weakness of governance. The coexistence of a poor governance track record and a relatively strong socioeconomic performance makes Bangladesh an intriguing case which throws up exciting and relevant conceptual and policy challenges. Structured in four sections - Political Settlement, Elites and Deep Structures; Democracy, Citizenship and Values; Civil Society, Local Context and Political Change; Informality and Accountability – the book identifies and engages with these challenges. Chapters by experts in the field share a number of conceptual and epistemological principles and offer a combination of theoretical and empirical insights, and cover a good range of contemporary issues and debate. Employing a structurally determinist perspective, this book explains politics and society in Bangladesh from a novel perspective. Academics in the field of governance and politics in developing countries, with a focus on South Asia and Bangladesh will welcome its publication.
Author: Rabia Chaudry
Publisher: St. Martin's Press
Now a New York Times bestseller The 2017 American Book Award Winner from the Before Columbus Foundation A Washington Post notable nonfiction book for 2016 A Goodreads Best of 2016 Nonfiction Finalist A Kobo Best Book of 2016 Includes an update from Rabia on Adnan's vacated murder conviction in summer 2016 Serial only told part of the story... In early 2000, Adnan Syed was convicted and sentenced to life plus thirty years for the murder of his ex-girlfriend Hae Min Lee, a high school senior in Baltimore, Maryland. Syed has maintained his innocence, and Rabia Chaudry, a family friend, has always believed him. By 2013, after almost all appeals had been exhausted, Rabia contacted Sarah Koenig, a producer at This American Life, in hopes of finding a journalist who could shed light on Adnan’s story. In 2014, Koenig's investigation turned into Serial, a Peabody Award-winning podcast with more than 500 million international listeners But Serial did not tell the whole story. In this compelling narrative, Rabia Chaudry presents new key evidence that she maintains dismantles the State's case: a potential new suspect, forensics indicating Hae was killed and kept somewhere for almost half a day, and documentation withheld by the State that destroys the cell phone evidence -- among many other points -- and she shows how fans of Serial joined a crowd-sourced investigation into a case riddled with errors and strange twists. Adnan's Story also shares Adnan’s life in prison, and weaves in his personal reflections, including never-before-seen letters. Chaudry, who is committed to exonerating Adnan, makes it clear that justice is yet to be achieved in this much examined case.
The Idea of Justice
Author: Amartya Sen
Publisher: Harvard University Press
Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.