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Author: Scott Dodson
Publisher: Oxford University Press
ISBN: 0199993459
Category : Law
Languages : en
Pages : 280
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Book Description
New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years. The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.
Author: Scott Dodson
Publisher: Oxford University Press
ISBN: 0199993459
Category : Law
Languages : en
Pages : 280
Get Book
Book Description
New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years. The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.
Author: Scott Dodson
Publisher: Oxford University Press
ISBN: 0199832501
Category : Law
Languages : en
Pages : 256
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Book Description
"The first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a new version of fact pleading and merits screening - what Scott Dodson calls 'New Pleading.' The result of this abrupt regime change is a broad, significant, and adverse effect on the civil-justice system. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both at home and in the larger global community. This book takes on that task. It aims to synthesize a theoretical account of New Pleading, argue that New Pleading is inconsistent with a system of procedural justice, provide two distinct solutions for rectifying the inconsistency - return to Old Pleading or adopt 'New Discovery' - and, finally, situate New Pleading and its remedies in a global comparative context"--Jacket.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Scott Dodson
Publisher: Cambridge University Press
ISBN: 1107062462
Category : Law
Languages : en
Pages : 327
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Book Description
As a lawyer, professor, appellate judge, and associate justice of the U.S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This collection of essays chronicles and evaluates the remarkable achievements she has made over the past half century. Readers will discover diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career, creating an impressive legacy of one of the most important figures in modern law.
Author: Sadakat Kadri
Publisher: Random House
ISBN: 030743270X
Category : Law
Languages : en
Pages : 459
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Book Description
For as long as accuser and accused have faced each other in public, criminal trials have been establishing far more than who did what to whom–and in this fascinating book, Sadakat Kadri surveys four thousand years of courtroom drama. A brilliantly engaging writer, Kadri journeys from the silence of ancient Egypt’s Hall of the Dead to the clamor of twenty-first-century Hollywood to show how emotion and fear have inspired Western notions of justice–and the extent to which they still riddle its trials today. He explains, for example, how the jury emerged in medieval England from trials by fire and water, in which validations of vengeance were presumed to be divinely supervised, and how delusions identical to those that once sent witches to the stake were revived as accusations of Satanic child abuse during the 1980s. Lifting the lid on a particularly bizarre niche of legal history, Kadri tells how European lawyers once prosecuted animals, objects, and corpses–and argues that the same instinctive urge to punish is still apparent when a child or mentally ill defendant is accused of sufficiently heinous crimes. But Kadri’s history is about aspiration as well as ignorance. He shows how principles such as the right to silence and the right to confront witnesses, hallmarks of due process guaranteed by the U.S. Constitution, were derived from the Bible by twelfth-century monks. He tells of show trials from Tudor England to Stalin’s Soviet Union, but contends that “no-trials,” in Guantánamo Bay and elsewhere, are just as repugnant to Western traditions of justice and fairness. With governments everywhere eroding legal protections in the name of an indefinite war on terror, Kadri’s analysis could hardly be timelier. At once encyclopedic and entertaining, comprehensive and colorful, The Trial rewards curiosity and an appreciation of the absurd but tackles as well questions that are profound. Who has the right to judge, and why? What did past civilizations hope to achieve through scapegoats and sacrifices–and to what extent are defendants still made to bear the sins of society at large? Kadri addresses such themes through scores of meticulously researched stories, all told with the verve and wit that won him one of Britain’s most prestigious travel-writing awards–and in doing so, he has created a masterpiece of popular history.
Author:
Publisher:
ISBN:
Category : American literature
Languages : en
Pages : 2188
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Book Description
Author: Bernard Ernest Witkin
Publisher:
ISBN:
Category : Annotations and citations (Law)
Languages : en
Pages : 244
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Book Description
Author: Richard Stahler-Sholk
Publisher: Rowman & Littlefield Publishers
ISBN:
Category : History
Languages : en
Pages : 412
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Book Description
This clearly written and comprehensive text examines the uprising of politically and economically marginalized groups in Latin American societies. Specialists in a broad range of disciplines present original research from a variety of case studies in a student-friendly format. Part introductions help students contextualize the essays, highlighting social movement origins, strategies, and outcomes. Thematic sections address historical context, political economy, community-building and consciousness, ethnicity and race, gender, movement strategies, and transnational organizing, making this book useful to anyone studying the wide range of social movements in Latin America.
Author: Emily Bazelon
Publisher: Random House Trade Paperbacks
ISBN: 039959003X
Category : Social Science
Languages : en
Pages : 450
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Book Description
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
Author: Victoria J. Dodd
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 416
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Book Description
Practical Education Law for the Twenty-First Century is a one-volume treatise that covers the real-life issues confronting education lawyers, administrators, school board members, and teachers on a daily basis. The volume concisely summarizes and pinpoints trends in 21st-century education law. Author Victoria Dodd also identifies concerns and issues in modern-day educational law and provides practical advice to meet these important challenges. Dodd has organized Practical Education Law for the Twenty-First Century into ten chapters, each dealing with a substantive area in educational law. Topics covered by this treatise include school finances, school search and crime issues, residency and fee issues, basic labor law, alternative education and vouchers, injuries to students, athletics, and the overall organization and regulation of public education. Within each chapter are a number of concise sections that address specific legal concerns. Citations are nationwide in scope and include references to federal and state case law, federal statutory law, and state statutory law. Practical law tips appear throughout the volume. This highly readable text is extremely accessible to nonlegal audiences, as well as useful to the legally trained reader. "This book is a must for all educational lawyers, counsel to towns, school boards, and school administrators. The treatise is accessible and suitable for law school and non-law school classes. Acquisition law librarians for all law schools need to order this book. Professor Dodd's emphasis on real-life situations makes it an excellent desk book for school boards, superintendents of schools, and educational policymakers, as well as the lawyers that represent them. This book will be useful as supplemental reading in graduate school of education courses in school administration. The book receives the Bimonthly Review of Law Books five-star rating for readability, accessibility, and relevance." --Michael Rustad, Bimonthly Review of Law Books "This book...provides an excellent overview of education law in the U.S....Both students and practitioners will find this book very helpful. This work would make an excellent textbook for undergraduate and graduate education classes as well as law school classes covering education law." --Legal Information Alert, Volume 22, Issue #3, Alert Publications, Inc., Chicago, IL, www.alertpub.com "Thoroughly researched, well organized, and easy to read, the book concisely outlines each area of law, and cites to numerous cases, laws, and other supporting materials, all in the footnotes and through a table of cases, so as not to interrupt the easy flow of the text. This book is a must for practitioners and legal scholars in the field of education or education law." --Suffolk University Juvenile Justice Center Newsletter, November 2003
