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 law is supposed to represent fairness, equality, and transparency. Yet in a world where injustice is normalized, many struggle to understand why our legal system fails despite its lofty principles. In Law on Trial, award-winning legal scholar Shaun Ossei-Owusu offers a rare perspective as an insider and a clear-eyed critic of its deep, baked-in structural problems. He begins with a tour through American legal education, where some of the seeds of inequality are planted in the emphasis on abstract thinking.

As one of just a few judges licensed to try murder cases at the Old Bailey, the author has presided over many of the high-profile cases that all too often grab our attention in dramatic media headlines—for every unlawful death tells a story. But, unlike most of us, a judge doesn't get to turn the page and move on. Nor does the defendant, or the family of the victim, nor the many other people who populate the court room. Peeling apart six dramatic murder and manslaughter cases, Unlawful Killings removes this distinction between 'them' and 'us'.

AI and other high-tech tools embed and reinforce America’s history of prejudice and exclusion — even when they are used with the best intentions. Patrick K. Lin’s Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System takes a deep and thorough look into the use of technology in the criminal justice system, and investigates the instances of coded bias present at every level.

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.

Courtroom 302 is the fascinating story of one year in Chicago's Cook County Criminal Courthouse, the busiest felony courthouse in the country. Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira's masterful investigation raises fundamental issues of race, civil rights, and justice in America.

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 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.

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.

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.

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.

Over the past decade, several American cities have been rocked by race riots. With each passing year, a new racial agenda emerges—from police defunding to education reform to reparations—inciting more and more division and radicalization along racial lines. What started all of this? The roots of this pathology run much deeper than the recent symptoms suggest.

The definitive exposé of forced arbitration, the secret justice system that protects abusers, employers, and powerful corporations America has a hidden justice system. There, decisions are made in secret, and “judges” are paid for by the companies and abusers who are being sued. Victims...

Christian Davis, a former big-firm lawyer turned social justice warrior, has just been assigned the case of his life by the State of California. Jamel Jackson, a sixteen-year-old black boy, has just been convicted for the brutal rape of a prominent movie star. Christian digs into the case with gusto, as he examines the trial court transcript for any hint that the trial court might have erred in Jamel's case. As he gets into the investigation of the case, he's shocked at what he has found. Corruption at the highest level is staring him in the face.

A myth-busting glimpse into the inner workings of the Supreme Court, revealing what we get wrong about the Roberts Court, what the justices' clerks gossip about, and how to fix a court in crisis—from the popular ABC news pundit and top legal podcaster "Isgur has all your answers in these...

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.