Before the Law An Introduction to the Legal Process

, by Bonsignore, John J.; Katsh, Ethan; d'Errico, Peter; Pipkin, Ronald; Arons, Stephen

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ISBN: 9780618503452 | 0618503455
Cover: Paperback
Copyright: 8/16/2005

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Before the Law promotes an interdisciplinary approach for introducing students to the purpose and practice of law in our society. Excerpts from recent and classic court cases, as well as material on trends in legal studies come from a range of legal sources, including court opinions; sociological, psychological, and anthropological analyses; historical and philosophical approaches; and literary reflections. Readings cover such current topics as online dispute resolution and protection of personal and property rights in cyberspace; gay marriage; and post-9/11 legislation for fighting terrorism.

Foreword
Before the Law, Franz Kafka
Dialogue Between a Priest and K., Franz Kafka
The Problem of Our Laws
Couriers, Franz Kafka
Law in Theory and Practice
Lawmaking and Precedent: How Judges and Lawyers Reason from Prior Cases
The Bramble Bush
State v. Pendergrass
Joyner v. Joyner
State v. Black
State v. Rhodes
State v. Mabrey
The Bramble Bush (continued)
State v. Oliver
Law and Official Discretion
The Judging Process and the Judge's Personality
A Forgery Case
The Queen v. Dudley and Stephens
Incarcerated America
Law and Values
The Sorcerer and His Magic
Simple Living and Hard Choices
Cook v. State
Furman v. Georgia
The Hanging Judges
The End of Executions? The Anti-Death Penalty Movement Is Gathering Force
A Hanging
Law and Conflicting Interests
Why the "Haves" Come Out Ahead: Speculations on the Limits of Legal Change
The Case of the Spoiled Chiles
Susquehanna Fertilizer Co. v. Malone
Madison v. Ducktown Sulphur, Copper & Iron Co
Ohio v. Wyandotte Chemicals Corp
Living Is for Everyone
Law, Status, Wealth, and Power
Das Capital, "The Working Day,"
American Textile Mfrs. Inst. v. Donovan
The State
From Day Clean to First Dark
Thornton and Wife v. The Suffolk Manufacturing Company
Streich v. General Motors Corp
Testimony of John Higbie
Fibreboard Paper Products Corp. v. NLRB
Testimony of
The New Free-Trade Heel
Service Economy
Law and Popular Will
The Cheyenne Way
Law and Authority, Peter Kropotkin
The Watchman
First National Bank of Boston v. Bellotti
Proposition 215: The Compassionate Use Act of 1996
Romer v. Evans
Goodridge v. Department of Public Health
Feminist and Racial Perspectives on Law and Legal Order
EEOC v. Sears, Roebuck & Co
International Union, UAW v. Johnson Controls
Harris v. Forklift Systems, Inc
Demarginalizing the Intersection of Race and Sex
A Critique of "Our Constitution Is Color-Blind,"
Law Enforcement
Legal Force
The Violence of Legal Acts
Address to the Prisoners in the Cook County Jail
The Rule of Law Versus the Order of Custom
Legal Rights
The Law Is Terror Put into Word's
Excerpt from "Letter from Birmingham Jail,"
Feminism and Porn: Fellow Travelers
Law's Techniques
Confronting the Complexity of the Policing Function
Walking the Beat Alone: An African American Police Officer's Perspective on Petit Apartheid
Terry v. State of Ohio
Brown v. Texas
Florida v. Bostick
Interstate Travel: Constitutional Challenges to the Identification Requirement and Other Transportation Security Regulations
Lawyers
The Profession of Law
The Temper of the Legal Profession in the United States
Friendly Fire
The Big Casino
The Price of Law
The Education of Lawyers
Law School: Caught in the Paradigmatic Squeeze
Legal Education and the Reproduction of Hierarchy
Diary of a Law Professor
Lawyers and the Adversary Process
The Ethics of Advocacy
The "Fight" Theory Versus the "Truth," Theory Jerome Frank
"I Have Nothing to Do with Justice,"
The End of Law
The Jury
The Jury in a Historical and Cultural Context
Constitution of the United States, Amendments
The Jury as a Political Institution
Duncan v. Louisiana
Blakely v. Washington
Trial by Jury in the United States, Alexis de Tocqueville
Jury Nullification: The Right to Say No
Merciful Juries: The Resilience of Jury Nullification
Jury Instructions
United States v. Dougherty et al.
Jury Selection in a Pluralistic Society: The Problem of Gender Discrimination and the Case of Racial Peremptories
Equality, Law, and Belonging: An Introduction
A Jury of Her Peers
Our Juries, Our Selves: The Power, Perception, and Politics of the Civil Jury
Peremptory Challenges and Affirmative Action: Constitutional Protections for a Jury of Peers, Stephen Arons
Batson v. Kentucky
The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism
Miller-El v. Cockrell
Decline of the Jury: Democracy at Risk?
Excerpt from The Transformation of American Law
An Introduction to Tort Reform and Its Effect on the Survival of Trial by Jury
The Not-So-Quiet Revolution
Empirical Research and Civil Jury Reform
Johnson v. Louisiana
Apodaca et al. v. Oregon
The Unanimous Verdict, Jeffrey Abramson Conclusion Suggested Additional Readings
Conflict Resolution
Legal Context of Dispute Resolution
The Transformation of Disputes by Lawyers: What the Dispute Paradigm Does and Does Not Tell Us
Mediation from a Feminist Perspective: Promise and Problems
The Culture of Battering and the Role of Mediation in Domestic Violence Cases
Scrapping the Plea-Bargain
Dispute Resolution and Community Justice
The Social Organization of Mediation in Nonindustrial Societies: Implications for Informal Community Justice in America
The Development and Impact of Victim-Offender Mediation in the United States
Table of Contents provided by Publisher. All Rights Reserved.

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Before the Law An Introduction to the Legal Process

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