Author: Evan J. Mandery
Publisher: W. W. Norton & Company
Release Date: 2013-08-19
New York Times Book Review Editor's Choice Drawing on never-before-published original source detail, the epic story of two of the most consequential, and largely forgotten, moments in Supreme Court history. For two hundred years, the constitutionality of capital punishment had been axiomatic. But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia’s death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction. A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.
Author: Evan J. Mandery
Publisher: Jones & Bartlett Publishers
Release Date: 2011-02-28
This revised and updated second edition is an overview of capital punishment. It offers an examination of the death penalty, supported by statistics and Supreme Court cases, and followed by pro and con discussions. The book addresses every major issue relating to the death penalty including deterrence, racial impact, arbitrariness, its use on special populations, and methods of execution. This text challenges students to evaluate their beliefs and assumptions on each of the various issues surrounding this controversial subject. Each chapter begins with a primer of the issue to be discussed, followed by the data and critical documents necessary to make an educated assessment, and concludes with essays that offer differing viewpoints by some of the best minds in the country. New material added to the second edition includes: updated data on deterrence ; new data and articles on brutalization and cost ; new cases and articles on the death penalty for juveniles ; new case and articles on the death penalty for raping a child ; and a new chapter on methods of execution.
Author: A. Hammel
Release Date: 2010-06-16
Examining the successful movements to abolish capital punishment in the UK, France, and Germany, this book examines the similarities in the social structure and political strategies of abolition movements in all three countries. An in-depth comparative analysis with other countries assesses chances of success of abolition elsewhere.
Author: Jeffrey L. Kirchmeier
Publisher: Oxford University Press, USA
Release Date: 2015
In 1987, the United States Supreme Court decided a case that could have ended the death penalty in the United States. Imprisoned by the Past: Warren McCleskey and the American Death Penalty examines the long history of the American death penalty and its connection to the case of WarrenMcCleskey, revealing how that case marked a turning point for the history of the death penalty. In this book, Jeffrey L. Kirchmeier explores one of the most important Supreme Court cases in history, a case that raised important questions about race and punishment, and ultimately changed the way weunderstand the death penalty today. McCleskey's case resulted in one of the most important Supreme Court decisions in U.S. history, where the Court confronted evidence of racial discrimination in the administration of capital punishment. The case currently marks the last time that the Supreme Court had a realistic chance of completelystriking down capital punishment. As such, the case also marked a turning point in the death penalty debate in the country. Going back nearly four centuries, this book connects McCleskey's life and crime to the issues that have haunted the American death penalty debate since the first executions by early settlers through the modern twenty-first century death penalty. Imprisoned by the Past ties together three uniqueAmerican stories. First, the book considers the changing American death penalty across centuries where drastic changes have occurred in the last fifty years. Second, the book discusses the role that race played in that history. And third, the book tells the story of Warren McCleskey and how his lifeand legal case brought together the other two narratives.
Author: James S. Liebman
Publisher: Columbia University Press
Release Date: 2014-07-08
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 almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.
Author: Carol S. Steiker
Publisher: Harvard University Press
Release Date: 2016-11-07
Refusing to eradicate the death penalty, the U.S. has attempted to reform and rationalize capital punishment through federal constitutional law. While execution chambers remain active in several states, Carol Steiker and Jordan Steiker argue that the fate of the American death penalty is likely to be sealed by this failed judicial experiment.
Author: Alpheus Thomas Mason
Release Date: 2017-07-20
Genre: Political Science
This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system. New to the 17th Edition 9 new cases (including 2 cases from the 2015–2016 term decided by 8 justices) and discussion of 30 additional new cases. New case highlights include Sebelius on Obamacare, Obergefell on same sex marriage, and 2 new cases on government surveillance. Covers the death of Justice Antonin Scalia and ensuing controversies. Updates every chapter-opening essay and end-of-chapter Selected Readings. Provides an author-written online Instructor’s Manual with Test Bank, historical Supreme Court documents, noteworthy decisions and dissents, and cases from previous editions.
A searing and entertaining manifesto on the ills of the criminal justice system from two of America’s most prominent defense attorneys. From the rise of the Internet and the 24-hour news cycle to the television ratings bonanza of the O.J. Simpson trial, a perfect storm of media coverage has given the public an unprecedented look inside the courtroom, kicking off popular courtroom shows and TV legal commentary that further illuminate how the criminal justice system operates. Or has it? In Mistrial, Mark Geragos and Pat Harris debunk the myths of judges as Solomon-like figures, jurors as impartial arbiters of the truth, and prosecutors as super-ethical heroes. Mistrial draws the curtain on the court’s ugly realities—from stealth jurors who secretly swing for a conviction, to cops who regularly lie on the witness stand, to defense attorneys terrified of going to trial. Ultimately, the authors question whether a justice system model drawn up two centuries ago before blogs and television is still viable today. In the aftermath of recent high-profile cases, the flaws in America’s justice system are more glaring than ever. Geragos and Harris are legal experts and prominent criminal defense attorneys who have worked on everything from celebrity media-circuses—having represented clients like Michael Jackson, Winona Ryder, Scott Peterson, Chris Brown, Susan MacDougal, and Gary Condit—to equally compelling cases defending individuals desperate to avoid the spotlight. Shining unprecedented light on what really goes on in the courtroom, Mistrial is an enjoyable, fun look at a system that rarely lets you see behind the scenes.
Author: Eric Simons
Publisher: The Overlook Press
Release Date: 2013-04-04
Genre: Sports & Recreation
Sports fandom is either an aspect of a person's fundamental identity, or completely incomprehensible to those who aren't fans at all. What is happening in our brains and bodies when we feel strong emotion while watching a game? How do sports fans resemble political junkies, and why do we form such a strong attachment to a sports team? Journalist Eric Simons presents in-depth research in an accessible and brilliant way, sure to interest readers of Jonah Lehrer and Malcolm Gladwell. Through reading the literature and attending neuroscience conferences, talking to fans, psychologists, and scientists, and working through his issues as part of a collaboration with the NPR science program RadioLab, Eric Simons hoped to find an answer that would explain why the attractive force of this relationship with treasured sports teams is so great that we can't leave it.
Author: Thane Rosenbaum
Publisher: University of Chicago Press
Release Date: 2013-04-10
We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.
Foreword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5–4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama’s “legacy”—his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional. Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey—including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama’s “unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow
Author: Leslie Morgan Steiner
Publisher: St. Martin's Press
Release Date: 2013-11-05
Genre: Family & Relationships
From the New York Times bestselling author of Crazy Love comes a riveting new narrative about surrogate pregnancy from both sides of the equation—the parents and the gestational carrier. Once considered a desperate, even morally suspect option, surrogacy is now sweeping headlines, transforming the lives of celebrity mothers and fathers like Sarah Jessica Parker, Nicole Kidman and Elton John, and changing the face of motherhood and the American family. But how much do we really know about it? And is it really as easy and accessible – emotionally, financially, legally and physically – as magazines make it out to be? We often hear about successful outcomes, but little about the journey – about the precious hope that starts it all, the ups and downs of finding a surrogate, the heartache and obstacles, the risks and expenses at every step, or the unbelievable joy when years of determination pay off. In The Baby Chase, acclaimed writer Leslie Morgan Steiner weaves three stories together — of a nurse, a firefighter, and the Indian gestational carriers and doctors who helped them — to provide one intensely personal look at what makes surrogacy so controversial, fascinating, and in some cases, the only ray of hope for today's infertile parents-to-be. Rhonda Wile and her husband Gerry struggled for years with infertility. With perseverance that shocked everyone around them, they tried every procedure and option available – unsuccessfully – until they finally decided to hire a surrogate. While surrogacy was being touted as a miracle for hopeful parents, for Rhonda and Gerry, it seemed an impossible and unaffordable dream. Until they came across the beaming smile of a beautiful Indian woman on the internet... and, within a few short months, embarked on a journey that would take them deep into the emerging world of Indian carriers, international medical tourism, and the global surrogacy community. Moving, page-turning, and meticulously researched, this complex human story is paired with an examination of the issues—religious, legal, medical and emotional—that shapes surrogacy as a solution both imperfect and life-changing.
This celebration of Jewish family life is the perfect guide for families wanting to put a new Jewish spin on holidays, holy days, and even the everyday. Full of activities, games, and history, it is sure to inspire parents, children, and extended family to connect with Judaism in fun, creative ways.