Featured Acquisitions - July
2003
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The Origins of Adversary Criminal Trial, by John H. Langbein
Oxford ; New York : Oxford University Press, 2003
KD8220 .L36 2003 Basement
The adversary system of trial, the defining feature of the Anglo-American
criminal procedure developed late in English legal history. For centuries,
defendants were forbidden to have counsel, and lawyers seldom appeared for
the prosecution either. Trial was meant to be an occasion for the defendant
to answer the charges in person.
The transformation from lawyer-free to lawyer-dominated criminal trial happened
within the space of about a century, from the 1690s to the 1780s. This book
explains how the lawyers captured the trial. In addition to conventional
legal sources, Professor Langbein draws upon a rich vein of contemporary
pamphlet accounts about trials in London's Old Bailey. The book also mines
these novel sources to provide the first detailed account of the formation
of the law of criminal evidence.
Responding to menacing prosecutorial
initiatives (including reward-seeking thieftakers amd crown witnesses induced
to testify in order to save their own necks), the judges of the 1730s decided
to allow the defendant to have counsel to cross-examine accusing witnesses.
By restricting counsel to the work of examining and cross-examining witnesses,
the judges intended that the accused would still need to respond in person
to the charges against him. Langbein shows how counsel manipulated the dynamics
of adversary procedure to defeat the judges' design, ultimately silencing
the accused and transforming the very purpose of the criminal trial. Trial
ceased to be an opportunity for the accused to speak, and became instead
an occasion for defense counsel to test the prosecution case.
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The Rehnquist Court : Judicial Activism on the Right edited by Herman Schwartz
New York : Hill and Wang, 2002
KF8742.A5 R44 2002
Balcony
For nearly all his tenure as Chief Justice of the Supreme Court, William
Rehnquist has enjoyed the support of a slim but usually solid majority of
his fellow justices. With it he has been able to effect a dramatic shift
to the right in many vital areas of constitutional law. Displaying a judicial
activism not seen since the 1930s, Rehnquist and his allies, in a series
of 5-4 decisions, have undermined civil rights and weakened the federal government's
ability to respond to pressing social needs.
As the Rehnquist court
concludes its fifteenth term, the well-known constitutional authority Herman
Schwartz has assembled seventeen distinguished legal scholars to evaluate
its record on the many controversial issues that have come before it. Among
them are Stephen Bright on capital punishment, Charles Ogletree on criminal
procedure, Norman Redlich on religion, Allan Morrison and David Vladeck on
regulation, and John Mackenzie on Bush v. Gore.
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Human Rights under African Constitutions : Realizing the Promise for Ourselves edited by Abdullahi Ahmen An-Na`im
Philadelphia : University of Pennsylvania Press, c2003
JC599.A36 H88 2003 Sohn Library
Some of the most massive and persistent violations of human rights occur
in African nations. In Human Rights Under African Constitutions: Realizing
the Promise for Ourselves, scholars from a wide range of fields present a
sober, systematic assessment of the prospects for legal protection of human
rights in Africa. In a series of detailed and highly contextual studies of
Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South
Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and
political diversity of these nations while using the same theoretical framework
of legal analysis for each case study.
Standards for human rights protection
can be realized only through direct and strong support from a nation's legal
and political institutions. The contributors to this volume uniformly conclude
that a well-informed and motivated citizenry is the most powerful force for
creating the political will necessary to effect change at the national level.
In addition to a critical evaluation of the current state of human rights
protection in each of these African nations, the contributors outline existing
national resources available for protecting human rights and provide recommendations
for more effective and practical use of these resources.
Combining
theoretical rigor with solid empirical research, Human Rights Under African
Constitutions makes an important contribution for scholars and students of
political science, African studies, and postcolonial history, as well as
providing a vital resource for NGOs and policymakers.
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American Probate : Protecting the Public, Improving the Process by Paula A. Monopoli
Boston : Northeastern University Press, c2003
KF765 .M66 2003
Balcony
New Hampshire judge and probate attorney John Fairbanks, a court-appointed
executor and trustee, stole thousands of dollars from the estates of his
trusting elderly clients. Successful Virginia lawyer David Murray misappropriated
nearly four million dollars from estates entrusted to him in one of the largest
financial swindles by a lawyer in U.S. history. Enterprising attorney James
Gundeson drafted wills and living trusts for many residents of Leisure World
in Orange County, California, who named him the sole trustee and major beneficiary.
These are just some of the cases examined by Paula A. Monopoli to illustrate
the unsettling prevalence of fraud and abuse inherent in American probate
law. Probate courts are intended to provide a vehicle for the orderly disposition
of property after death, to balance the interests of creditors, the government,
and heirs, and to protect the rights of the elderly and others with special
needs. In this insightful work, Monopoli shows how an array of flaws in the
system allows corrupt and unethical lawyers to take advantage of the nation's
most vulnerable citizens. She delves into such subjects as the history and
purpose of probate, procedural complexities, lack of regulatory oversight,
inadequate judicial resources, and the growth of non-probate alternatives,
concluding with a blueprint for reform that emphasizes deterrence, detection,
and compensation for the victims.
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Lawyers and Vampires : Cultural Histories of Legal Professions edited by W. Wesley Pue and David Sugarman
Oxford ; Portland, Oregon : Hart, 2003
K117 .L36 2003 Balcony
This is the first book that directly addresses the cultural history
of the legal profession. An international team of scholars canvasses
wide-ranging issues concerning the culture of the legal profession
and the wider cultural significance of lawyers, including consideration
of the relation to cultural processes of state formation and colonisation.
The essays describe and analyse significant aspects of the cultural
history of the legal profession in England, Canada, Australia,
France, Germany, Italy, Sweden, Switzerland, Norway and Finland.
The book seeks to understand the complex ways in which lawyers
were imaginatively and institutionally constructed, and their larger
cultural significance. It illustrates both the diversity and the
potential of a cultural approach to lawyers in history.
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