The Lawyer-Judge Bias in the American Legal System

The Lawyer-Judge Bias in the American Legal System
Title The Lawyer-Judge Bias in the American Legal System PDF eBook
Author Benjamin H. Barton
Publisher Cambridge University Press
Pages 313
Release 2010-12-31
Genre Law
ISBN 1139495585

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Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Independence Corrupted

Independence Corrupted
Title Independence Corrupted PDF eBook
Author Charles Benjamin Schudson
Publisher University of Wisconsin Press
Pages 285
Release 2018-10-09
Genre Law
ISBN 0299320308

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With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.

The Prosecutor and the Judge

The Prosecutor and the Judge
Title The Prosecutor and the Judge PDF eBook
Author Heikelina Verrijn Stuart
Publisher Amsterdam University Press
Pages 193
Release 2009
Genre Law
ISBN 9085550238

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Earlier this year, the Praemium Erasmianum Foundation bestowed its annual award—the Erasmus Prize—on Benjamin Ferencz and Antonio Cassese, two pioneers in the field of international law. Ferencz, a leading American prosecutor, author, and lecturer, was present at the American war crimes trials in Dachau and was the chief prosecutor in the Einsatzgruppen trials in Nuremburg. Like Ferencz, Cassese was a key figure in the development of international criminal law, serving as the first president of the International Criminal Tribunal for the former Yugoslavia and president of the European Committee for the Prevention of Torture, and chairman of the UN Commission of Inquiry into Violation of Human Rights and Humanitarian Law in Darfur. Cassese is currently the president of the Special Court for Lebanon. In The Prosecutor and the Judge, Heikelina Verrijn Stuart and Marlise Simons provide in-depth, revealing interviews with these two advocates of international law. Supplementing the interviews are several key articles written by Ferencz and Cassese that highlight the two men’s achievements and set the development of international law in context.

The Nature of the Judicial Process

The Nature of the Judicial Process
Title The Nature of the Judicial Process PDF eBook
Author Benjamin Nathan Cardozo
Publisher
Pages 218
Release 1921
Genre Judges
ISBN

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Pioneer Notes from the Diaries of Judge Benjamin Hayes 1849-1875

Pioneer Notes from the Diaries of Judge Benjamin Hayes 1849-1875
Title Pioneer Notes from the Diaries of Judge Benjamin Hayes 1849-1875 PDF eBook
Author Benjamin Hayes
Publisher Literary Licensing, LLC
Pages 332
Release 2011-10-01
Genre
ISBN 9781258207168

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Never Caught, the Story of Ona Judge

Never Caught, the Story of Ona Judge
Title Never Caught, the Story of Ona Judge PDF eBook
Author Erica Armstrong Dunbar
Publisher Aladdin
Pages 272
Release 2020-08-18
Genre Juvenile Nonfiction
ISBN 1534416188

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“A brilliant work of US history.” —School Library Journal (starred review) “Gripping.” —BCCB (starred review) “Accessible…Necessary.” —Kirkus Reviews (starred review) A National Book Award Finalist for Nonfiction, Never Caught is the eye-opening narrative of Ona Judge, George and Martha Washington’s runaway slave, who risked everything for a better life—now available as a young reader’s edition! In this incredible narrative, Erica Armstrong Dunbar reveals a fascinating and heartbreaking behind-the-scenes look at the Washingtons when they were the First Family—and an in-depth look at their slave, Ona Judge, who dared to escape from one of the nation’s Founding Fathers. Born into a life of slavery, Ona Judge eventually grew up to be George and Martha Washington’s “favored” dower slave. When she was told that she was going to be given as a wedding gift to Martha Washington’s granddaughter, Ona made the bold and brave decision to flee to the north, where she would be a fugitive. From her childhood, to her time with the Washingtons and living in the slave quarters, to her escape to New Hampshire, Erica Armstrong Dunbar, along with Kathleen Van Cleve, shares an intimate glimpse into the life of a little-known, but powerful figure in history, and her brave journey as she fled the most powerful couple in the country.

Benjamin Franklin Butler

Benjamin Franklin Butler
Title Benjamin Franklin Butler PDF eBook
Author Elizabeth D. Leonard
Publisher UNC Press Books
Pages 393
Release 2022-03-10
Genre Biography & Autobiography
ISBN 146966805X

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Benjamin Franklin Butler was one of the most important and controversial military and political leaders of the Civil War and Reconstruction eras. Remembered most often for his uncompromising administration of the Federal occupation of New Orleans during the war, Butler reemerges in this lively narrative as a man whose journey took him from childhood destitution to wealth and profound influence in state and national halls of power. Prize-winning biographer Elizabeth D. Leonard chronicles Butler's successful career in the law defending the rights of the Lowell Mill girls and other workers, his achievements as one of Abraham Lincoln's premier civilian generals, and his role in developing wartime policy in support of slavery's fugitives as the nation advanced toward emancipation. Leonard also highlights Butler's personal and political evolution, revealing how his limited understanding of racism and the horrors of slavery transformed over time, leading him into a postwar role as one of the nation's foremost advocates for Black freedom and civil rights, and one of its notable opponents of white supremacy and neo-Confederate resurgence. Butler himself claimed he was "always with the underdog in the fight." Leonard's nuanced portrait will help readers assess such claims, peeling away generations of previous assumptions and characterizations to provide a definitive life of a consequential man.