検索キーワード： 司法制度

裁判官も人の子。重い刑を言いわたす前には大いに迷うし、法と世間の常識のギャップに悩むこともある。頑なな被告人の心を揺さぶった言葉を厳選。

元最高裁判事の千葉勝美が、同性婚を認めない現行法の憲法適合性を論じる。同性婚を認めない制度を合憲とするのが現在の判例である。しかし、昨今国内で係属している裁判の一部で、憲法への抵触を宣言するものが出てきている。

The concept of habeas corpus - literally, to receive and hold the body - empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom.

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.

The fascinating, behind-the-scenes story of Franklin Roosevelt's attempt to pack the Supreme Court has special resonance today as we debate the limits of presidential authority.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices - maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.

In One Vote Away, you will discover how often the high court decisions that affect your life have been decided by just one vote. One vote preserves your right to speak freely, to bear arms, and to exercise your faith. One vote will determine whether your children enjoy their full inheritance as American citizens.

This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential.

A Editora Contracorrente tem a satisfação anunciar a publicação da edição em língua portuguesa do audiolivro Uma breve história do Direito: a matriz europeia nos últimos dois milênios e meio, originalmente publicado pela Harvard University Press e de autoria da aclamada historiadora Tamar Herzog.

For thirty years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show listeners how the Supreme Court really works.

Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights. Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries.

Conversations with RBG is a remarkable and unique audiobook, an informal portrait of Justice Ruth Bader Ginsburg, drawing on a series of her conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through.

With the gravitas of Joan Biskupic and the irreverence of Elie Mystal, Leah Litman brings her signature wit to the question of what’s gone wrong at One First Street. In Lawless, she argues that the Supreme Court is no longer practicing law; it’s running on vibes. By “vibes,” Litman means legal-ish claims that repackage the politics of conservative grievance and dress them up in robes. Major decisions adopt the language and posture of the law, while in fact displaying a commitment to protecting a single minority: the religious conservatives and Republican officials.

London, 1953. Police discover the bodies of three young women hidden in a wall at 10 Rillington Place, a dingy terrace house in Notting Hill. On searching the building, they find another body beneath the floorboards, then an array of human bones in the garden. But they have already investigated a double murder at 10 Rillington Place, three years ago, and the killer was hanged. Did they get the wrong man?

Will Johnnie Veal—convicted of the murder of two police officers in 1970—be granted parole after 50 years in prison? How can he convince the parole board he’s reformed when he insists he’s innocent? What is prison time even supposed to accomplish? These are the questions that propel The Parole Room forward as it builds toward Johnnie’s 20th parole hearing—after 19 rejections.

An introductory lecture on jurisprudence (philosophy of law) delivered at the Faculty of Law, University of Alberta, Edmonton, Alberta on March 26, 1993.

Murderous mafia capos. The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before US District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release.