検索キーワード： 司法制度

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.

Best-selling author Ted Stewart explains how the Supreme Court and its nine appointed members now stand at a crucial point in their power to hand down momentous and far-ranging decisions. Today's Court affects every major area of American life, from health care to civil rights, from abortion to marriage. This fascinating book reveals the complex history of the Court as told through seven pivotal decisions.

What if an angel hadn't stopped Abraham from sacrificing his son Isaac? What does Genesis seem to be telling us about taking revenge? Or what is it saying about capital punishment? Drawing on biblical commentary from throughout the ages, Alan Dershowitz shines a brilliant legal light on the stories that comprise the foundation of our society.

An incisive biography of the Supreme Court's enigmatic chief justice, taking us inside the momentous legal decisions of his tenure so far.

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.

In 1945, Erle Stanley Gardner, noted attorney and author of the popular Perry Mason mysteries, was contacted by an overwhelmed California public defender who believed his doomed client was innocent. William Marvin Lindley had been convicted of the rape and murder of a young girl along the banks of the Yuba River, and was awaiting execution at San Quentin. After reviewing the case, Gardner agreed to help - it seemed the fate of the "Red-Headed Killer" hinged on the testimony of a colorblind witness.

Our ability to make choices is fundamental to our sense of ourselves as human beings and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy: such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost.

Since America's founding, the US Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute.

Anna-Jane Cheney was a vivacious, popular and talented lawyer with an impeccable middle-class upbringing. The man she loved, Henry Keogh, was a divorced Irish migrant with three children. She died just six weeks before their wedding date, and Keogh was convicted of her murder. Journalist Graham Archer became fascinated by the case. It wasn’t a matter of guilt or innocence but that a man could be sentenced to life without having received a fair trial.

In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case.

From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.

When Wendy Murphy was a young prosecutor, she learned that the deck is stacked in favor of criminal defendants. Between their arrest and (potential) conviction, murderers, rapists, and drug dealers get more than a fair shake: they get an unfair advantage, often at the expense of their victims.

In Tangled Webs, James B. Stewart reveals in vivid detail the consequences of the perjury epidemic that has swept our country, undermining the very foundation of our courts.With many prosecutors, investigators, and participants speaking for the first time, Tangled Webs goes behind the scene of the trials of media and homemaking entrepreneur Martha Stewart; top White House political adviser Lewis "Scooter" Libby; home-run king Barry Bonds; and Wall Street money manager Bernard Madoff. Tangled Webs reaffirms the importance of truth.

One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today.

In this book, investigative journalist Haley Sweetland Edwards offers a detailed look at one little-known but powerful provision in most modern trade agreements that is designed to protect the financial interests of global corporations against the governments of sovereign states. She makes a devastating case that Investor-State Dispute Settlement - a "shadow court" that allows corporations to sue a nation outside its own court system - has tilted the balance of power on the global stage.

Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a "national disgrace" and a "circus". Justice on Trial, the definitive insider's account of Kavanaugh's appointment to the Supreme Court, is based on extraordinary access to more than 100 key figures - including the president, justices, and senators - in that ferocious political drama.

From the admired judicial authority, author of Louis D. Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of SCOTUS in an increasingly interconnected world, a world in which all sorts of public and private activity - from the conduct of national security policy to the conduct of international trade - obliges the Court to consider and understand circumstances beyond America's borders. At a time when ordinary citizens may book international lodging directly through online sites, it has become clear that judicial awareness can no longer stop at the water's edge.

Indu Bhan’s Legal Eagles: Stories of Top Seven Indian Lawyers’ traces the story of the top seven lawyers in India. Lawyers, as we commonly perceive, are not just shrewd intellectuals but much more. It takes more than just intelligence to become a successful lawyer. It takes years of practice, extensive studies and professionalism which set the absolutely outstanding lawyers from the general ones. Their life and career graph is full of crusts and troughs and this book gives an insight into it.

The Indian Penal Code was formulated in 1860, three years after the first Indian revolt for independence. But it was only in 1870 that Section 124A was slipped into Chapter VI, defining the offense of Sedition in a statute for the first time in the history of common law. When India became independent in 1947, the Constituent Assembly expressed strong reservations against sedition as a restriction on free speech as it had been used as a weapon against freedom fighters, many of whom were a part of the Assembly. And yet it has survived....