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。

Underlain by an acute sense of ethics, this provided the basis for his strongly declared, wide-ranging views on many subjects: prohibition of cock-fighting, liberty of the press, universal suffrage, the removal of religious tests for office and even hunting. All were radical ideas for his time. He also proposed the decriminalisation of homosexuality, though even he did not dare to publish his essay on this subject during his lifetime. But An Introduction to the Principles of Morals and Legislation was his major work.

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. 

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.

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.

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 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.

The Supreme Court endorses terrorists' rights, flag burning, and importing foreign law. Is that in the Constitution? You're right: it's not. But these days the Constitution is no restraint on our out-of-control Supreme Court. The Court imperiously strikes down laws and imposes new ones purely on its own arbitrary whims. Even though liberals like John Kerry are repeatedly defeated at the polls, the majority on the allegedly "conservative" Supreme Court reflects their views and wields absolute power.

A Powerful Voice Brings Change to the Supreme Court

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.

From a #1 New York Times bestselling author, podcast host,and legal expertcomes an accessible and modern guide on how to read and understand the U.S. Constitution. Think of this as the U.S. Constitution explained by America’s favorite law professor, Melissa Murray. On her podcast, Strict...

The first geofence warrant was issued in 2016. By 2021, Google was responding to 11,000 geofence warrant requests per year from officers wanting a list of cell phones at a crime scene at the time a crime was being committed. This new aspect of Fourth Amendment constitutional law is exciting and complex. If you are a law enforcement officer, prosecutor, criminal defense lawyer, judge, or citizen who cares about the constitutional right to privacy under the Fourth Amendment, you need to listen to this book.

Navigating the complexities of the legal system can be daunting, but the key to success lies in the hands of the advocate you choose. "How to Hire a Winning Lawyer," by John Ellsworth, demystifies the process of selecting a legal champion capable of securing the triumph and self-satisfaction you deserve.

Mr. Beat’s The Power of Our Supreme Court is the Supreme Court book of decisions that affect the everyday lives of Americans everywhere. The real democracy of America unveiled. What does the supreme court do? Sure, people care when the court makes a big ruling, but most don’t pay attention to the court’s day-to-day decisions. In this law book, Mr. Beat takes you on a journey through our Supreme Court system, what it is, who is in it and how they got to be there while foreshadowing how it shapes our very future.

While this book may not handle every single possible scenario you may run across, I do have my finger on the pulse of the legal industry and what lawyers are challenged by every day. Take what you can from what I’ve learned and perfected on legal business development, marketing and networking to make it your own. My greatest hope is to hear from you someday that you did take action and that this book made the difference for you in your legal career. So enjoy the book, take lots of notes and most importantly, be that lawyer!

In the tight-knit community of Lorain, Ohio, a whirlwind of horror swept through as unsettling allegations surfaced - a trusted bus driver and her alleged companion were accused of shattering the innocence of preschoolers in the respected Head Start program. The verdict? Life-long prison sentences that would cast a shadow over a community, and initiate an untiring quest for truth.

Inside Strafprozess. Täglich sollen sie den moralischen Verfall unserer Gesellschaft verhindern, doch wie finden Richter zu ihrem Urteil? Und mit welchen Herausforderungen sind sie dabei konfrontiert? Strafrichter Patrick Burow gewährt seltene Einblicke in den Gerichtssaal. "Auf hoher See und vor Gericht ist dein Leben in Gottes Hand", weiß der Volksmund. Doch wie denkt und arbeitet ein Richter? Und wie findet er zu einem gerechten Urteil ? Spiegel-Bestseller-Autor Patrick Burow ist Richter aus Leidenschaft. In seinem neuen Buch blickt er hinter die Kulissen deutscher Gerichte.

If you were ever curious about the ins and outs of jail, then this book is a must-listen for you. The author takes you by the hand and walks you through the Penal Process. He reveals a first-hand account of his experiences behind the walls of the Judiciary System. He navigates from Processing to Sentencing by way of the pages between the cover of this Literary Work.

Read by the author. Are you discouraged by our divided, angry culture, where even listening to a different perspective sometimes feels impossible? If so, you're not alone, and it doesn't have to be this way. Learning to Disagree reveals the surprising path to learning how to disagree in ways...

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

On January 22, 1973, the United States Supreme Court released two interlocked abortion decisions overturning the laws of all the individual states. Only one of the decisions, Roe v. Wade, tends to get much media attention, and it is popularly said that it grants a "woman's right to choose". But Justice Blackmun is in several places very adamant: Though it had been explicitly sought, he was not granting to women the "right to choose". In Doe v. Bolton, the second and often unexamined companion decision, Blackmun is explicit. The right he is granting is to the doctor.

That only happens to other people's kids, right? Wrong. In this compelling book, written by one of Britain's top experts in youth justice, Aika Stephenson reveals the extraordinary cases she deals with daily. From the obviously vulnerable to the A-grade student from a stable upbringing, Just for Kids Law, the campaigning charity co-founded by Stephenson in 2007, has helped thousands of children and young people overcome the

Americans are taught that justice means fairness. They expect it from our legal system. “Equal Justice Under Law” is prominently inscribed on the Supreme Court. Yet, law and justice in America are not necessarily the same thing. And they are certainly not applied in equal ways.

Unschuldig hinter Gittern. Jens Söring wurde in den USA wegen angeblichen Doppelmordes trotz fragwürdiger Beweislage verurteilt – 33 Jahre verbrachte er zu Unrecht im Gefängnis. Ein solches Fehlurteil ist in Deutschland undenkbar? Mitnichten! Zwei der renommiertesten Strafverteidiger Deutschlands packen aus und nehmen das deutsche (Un-)Rechtswesen auseinander. "Im Zweifel gegen den Angeklagten" ist bedauerlicher Alltag in deutschen Strafprozessen. Justizirrtümer sind an der Tagesordnung.

Our legal system often feels like it only works for the rich and powerful - for those who have the means to use the courts to enforce their will and defend their interests. But we can fight back. Jolyon Maugham KC founded Good Law Project in 2017 with the belief that the law can also put power in the hands of ordinary people. . It has brought a series of landmark cases against a dishonest and increasingly autocratic government and won widespread acclaim in successfully reversing Boris Johnson's unlawful suspension of Parliament.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

How can you keep your faith in people after seeing the flaws of the American justice system? Juror #11 exposes the flaws and weaknesses in the American justice system from the perspective of a murder trial juror who endured months of trauma, the threat of jail, and thousands of dollars in fines and legal fees because of them.

A thin, balding, and reclusive middle-aged Russian by the name of Rudolf Ivanovich Abel was one of the Soviet Union's most renowned spies during the Cold War of the 1950s . . . . until his cover was blown by an incompetent colleague who wanted to defect to the United States. This is the full account of Abel's espionage work, his dramatic apprehension, his eventual conviction and its affirmation by the United States Supreme Court, and finally, his surprising release back to Russia.

An acclaimed legal scholar exposes the Supreme Court’s increasing use of unsigned, unexplained orders to change the law—all behind closed doors The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically...