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Since 1958, twenty-five men and two women have forced the Supreme Court to consider whether the Constitution's promises of equal protection apply to gay Americans. Here Joyce Murdoch and Deb Price reveal how the nation's highest court has reacted to these cases--from the surprising 1958 victory of a tiny homosexual magazine to the 2000 defeat of a gay Eagle Scout. A triumph of investigative reporting, Courting Justice gives us an inspiring new perspective on the struggle for civil rights in America.
Winning a high-profile case has given a huge boost to New York attorney DeAngelo Di Meglio’s career—and his love life. Too bad fame hasn’t helped him win the woman he’s been infatuated with for years. Tired of waiting and wondering, Angelo books a trip to the singles-only Bahamas resort where Peyton Mahoney is celebrating her thirtieth birthday. And just as he hoped, when they finally connect, the chemistry is mind-blowing…. Two weeks in paradise has given Peyton some sizzling memories. That’s all she expects—or wants—from a legendary player like Angelo. Having grown up on Chicago’s South Side, she is worlds away from his life of privilege. Then a controversial case puts them on opposing sides. And as sexual tension spills over from the courtroom to the bedroom, there’s no way they can ignore the undeniable attraction…. Title originally published in 2012
COURTING JUSTICE The second book in the Montana Courthouse Tales Series An all-new collection of courtroom tales from an all-new set of Montana courthouses. True stories of murder and corruption, libel and sedition, justice and injustice - narrated by a cast of unforgettable historical, ghostly, and inanimate characters. • Missoula • Butte • Plentywood • Dillon • Thompson Falls • Stanford • Chinook • Broadus • Deer Lodge • Miles City • Boulder • Fort Benton • Round Up • Jordan
Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world. Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies. Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity. Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts. Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes. For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
Boies traces the intricacies of numerous cases, such as Bush v. Gore in the hotly contested 2000 Florida recount, Steinbrenner's action against Major League Baseball, and the U.S. Government's antitrust litigation against Microsoft. At the same time he sheds light on the legal profession itself, exploring the politics of the profession and the power plays endemic to it. As though presenting his cases to a jury, Boies lays out the framework and issues of each case in a patient, step-by-step manner that illuminates the nature of the litigation and Boies's strategy while also supporting the narrative arc of the story he's trying to tell.--amazon.com.
This work is a wide-ranging and sensitive examination of the lived experience of intimate stalking victimization. It explores how it feels and what it means to be stalked by a former intimate and how this situation creates dilemmas for victims and their advocates. What is it like to try to become a "victim" in the eyes of the law and then to remain one, when almost anything a woman does to manage the violent emotions of an ex-husband or ex-boyfriend can backfire and discredit her claims? The author draws upon a broad array of rich data, including a survey of college women, courtroom testimony, prosecutors' case files, interviews with victims and observations in a prosecutor's office and a stalking survivor's support group to illustrate the difficulties women face as they work to cope with danger - and to negotiate the hazardous terrain of legal systems - simultaneously. For some victims, Dunn shows, prosecution processes are more traumatic than the events that brought them to seek legal help and her analysis of the historical, cultural and gendered frameworks in which stalking victimization and prosecution takes place accounts for the additional trauma. Definitions of situations and identities are contested rather than given in these arenas where lives and self-concepts rest in the balance. The ways in which we socially construct and confer meaning upon intimate violence and its victims profoundly shape what happens to ordinary women facing extraordinary circumstances. "Courting Disaster" illuminates what we can learn from their experience, whether we are working in these arenas or theorizing about how they do, and sometimes do not, work.
Courtiers of the Marble Palace explores how law clerks are hired and utilized by United States Supreme Court justices.
This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Despite being labeled as adults, the approximately 200,000 youth under the age of 18 who are now prosecuted as adults each year in criminal court are still adolescents, and the contradiction of their legal labeling creates numerous problems and challenges. In Courting Kids Carla Barrett takes us behind the scenes of a unique judicial experiment called the Manhattan Youth Part, a specialized criminal court set aside for youth prosecuted as adults in New York City. Focusing on the lives of those coming through and working in the courtroom, Barrett’s ethnography is a study of a microcosm that reflects the costs, challenges, and consequences the “tough on crime” age has had, especially for male youth of color. She demonstrates how the court, through creative use of judicial discretion and the cultivation of an innovative courtroom culture, developed a set of strategies for handling “adult-juvenile ” cases that embraced, rather than denied, defendants’ adolescence.
In this book, Pat Robertson examines the threat of "no judicial limits" to the Christian heritage of our country, and how it has steadily eroded the power of both representative government and democracy itself.
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
This book is a picture of prison life from the inside. It illustrates prison life as, at turns, exciting, surprising, distressing and, often, amusing. Each day is different, and anyone who walks through a prison gate had better be alert. It tells of the small human dramas that play out daily among staff, prisoners, and others who enter this gated world. It calls the reader to see that justice begins by seeing each person, staff or prisoner, as an individual with his or her own story. The passion of the author is to portray prison life as continuous with life in broader society. In prisons, we meet the same cast of characters, the same temptations, the same dangers, and the same rewards as on the outside. Rather than regarding prisons as separate worlds, we should regard them as extensions of the society in which we live. This is important because there is a continuous flow between prisons and the broader society. Those who go to prison usually return to society. Understanding how prisons work will help us as we consider how to reintegrate former prisoners into our society. As the author argues, this is difficult but important work.
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order, and its relationship with the UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
From the Pentagon to the wedding chapel, there are few issues more controversial today than gay rights. As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the crime against nature, but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted degenerates and (later) homosexuals. The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States
"This book is essential reading for anyone interested in war crimes tribunals and their place in transitional justice. Nettelfield's wide and thorough research in the literature and on the ground in Bosnia and Herzegovina make this work stand out in a field already heavily populated. It represents a well-balanced and realistic assessment of the record of the International Criminal Tribunal for the former Yugoslavia."- Richard Goldstone, former chief prosecutor for the United Nations International Criminal Tribunals for Yugoslavia and Rwanda "Elegantly written and drawing on years of meticulous empirical research, Courting Democracy in Bosnia and Herzegovina is a major contribution to theoretical and policy debates on the role of international justice institutions. Nettelfield robustly challenges conventional critical assessments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and in so doing, changes forever the terms of the discussion about the impact of the ICTY in Bosnia-Herzegovina. Should be required reading in courses on human rights, international criminal law and political transitions in post-conflict settings."- Richard A. Wilson, Gladstein Chair of Human Rights, Director of the Human Rights Institute, and Professor of Anthropology at the University of Connecticut "This work is elegant in its rigor, lively in its tone, and uplifting in its spirit. Nettelfield gracefully moves us beyond turgidly contemptuous or blindly enthusiastic assessments of the relevance of international criminal law. She charts the field's role in post-conflict transition - a modest role, to be sure, and certainly a nuanced one, but also one that fosters democratic development. The book is a must-read for anyone concerned with Bosnia, transitional justice, and the role of law, in life. A tour de force!"- Mark A. Drumbl, Class of 1975 Alumni Professor and Director, Transnational Law Institute Washington and Lee University School of Law "Friends of international justice will welcome this balanced, methodologically rigorous assessment of popular responses to the ICTY in the Western Balkans. With its nuanced presentation of the Tribunal's impact, this work amply identifies missteps and pitfalls while providing gracious encouragement to proponents of international jurisprudence."- Robert Donia, Visiting Professor of History, University of Michigan "Lara Nettelfield has masterfully documented and analyzed the true impact of the International Criminal Tribunal for the former Yugoslavia on Bosnian society since 1993. She challenges conventional wisdom by demonstrating the Tribunal's modest but largely positive contribution to the democratic development of Bosnia and Herzegovina, including the introduction of new social movements for accountability. This book slays a few dragons and introduces refreshing clarity to a very challenging subject." - Professor David Scheffer, Northwestern University School of Law, and former U.S. Ambassador for War Crimes Issues (1997-2001)
Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.
Columbia University began the second half of the twentieth century in decline, bottoming out with the student riots of 1968. Yet by the close of the century, the institution had regained its stature as one of the greatest universities in the world. According to the New York Times, "If any one person is responsible for Columbia's recovery, it is surely Michael Sovern." In this memoir, Sovern, who served as the university's president from 1980 to 1993, recounts his sixty-year involvement with the institution after growing up in the South Bronx. He addresses key issues in academia, such as affordability, affirmative action, the relative rewards of teaching and research, lifetime tenure, and the role of government funding. Sovern also reports on his many off-campus adventures, including helping the victims of the Tuskegee syphilis experiment, stepping into the chairmanship of Sotheby's, responding to a strike by New York City's firemen, a police riot and threats to shut down the city's transit system, playing a role in the theater world as president of the Shubert Foundation, and chairing the Commission on Integrity in Government.

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