losing twice harms of indifference in the supreme court

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Losing Twice

Author : Emily M. Calhoun
ISBN : 0199838259
Genre : Political Science
File Size : 47. 69 MB
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Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Given our adversarial system, the way that rights cases are decided means that regardless of whether a losing side has committed any actions that cause harm to others, they typically suffer unnecessary harm as a consequence of decisions. In areas such as affirmative action and gay rights, the losers are essentially punished for losing despite neither intending nor causing injury. In Losing Twice, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers. But for this to happen, Calhoun contends, the role of judges needs to be reconceptualized. She contends that the Court should not perceive itself simply as an adversarial forum, but also as a 'transactional' one, where losers are not simply losers but participants in a process capable of addressing and ameliorating the effects that come with loss. Filled with lucid discussions of well known cases, Losing Twice offers an intellectually powerful argument for transforming the decision-making process in Constitutional rights disputes.

Proportionality Equality Laws And Religion

Author : Megan Pearson
ISBN : 9781317074564
Genre : Law
File Size : 58. 41 MB
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This book considers how the law should manage conflicts between the right of religious freedom and that of non-discrimination on the grounds of sexual orientation. These disputes are often high-profile and frequently receive a lot of media attention and public debate. Starting from the basis that both these rights are valuable and worthy of protection, but that such disputes are often characterised by animosity, it contends that a proportionality analysis provides the best method for resolving these conflicts. The work takes a comparative approach, examining the law in England and Wales, Canada, and the USA and examines four main areas of law, considering how a proportionality approach could be used in each. The book will be an invaluable resource for students and researchers in the areas of Public Law, Human Rights Law, Law and Religion, Discrimination Law, and Comparative Law.

Just Mercy

Author : Bryan Stevenson
ISBN : 9780812994537
Genre : Law
File Size : 50. 45 MB
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#1 New York Times Bestseller | Named one of the Best Books of the Year by The New York Times • The Washington Post • The Boston Globe • The Seattle Times • Esquire • Time Winner of the Carnegie Medal for Nonfiction | Winner of the NAACP Image Award for Nonfiction | Winner of a Books for a Better Life Award | Finalist for the Los Angeles Book Prize | Finalist for the Kirkus Reviews Prize | An American Library Association Notable Book A powerful true story about the potential for mercy to redeem us, and a clarion call to fix our broken system of justice—from one of the most brilliant and influential lawyers of our time Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever. Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice. Praise for Just Mercy “Every bit as moving as To Kill a Mockingbird, and in some ways more so . . . a searing indictment of American criminal justice and a stirring testament to the salvation that fighting for the vulnerable sometimes yields.”—David Cole, The New York Review of Books “Searing, moving . . . Bryan Stevenson may, indeed, be America’s Mandela.”—Nicholas Kristof, The New York Times “You don’t have to read too long to start cheering for this man. . . . The message of this book . . . is that evil can be overcome, a difference can be made. Just Mercy will make you upset and it will make you hopeful.”—Ted Conover, The New York Times Book Review “Inspiring . . . a work of style, substance and clarity . . . Stevenson is not only a great lawyer, he’s also a gifted writer and storyteller.”—The Washington Post “As deeply moving, poignant and powerful a book as has been, and maybe ever can be, written about the death penalty.”—The Financial Times “Brilliant.”—The Philadelphia Inquirer “Not since Atticus Finch has a fearless and committed lawyer made such a difference in the American South. Though larger than life, Atticus exists only in fiction. Bryan Stevenson, however, is very much alive and doing God’s work fighting for the poor, the oppressed, the voiceless, the vulnerable, the outcast, and those with no hope. Just Mercy is his inspiring and powerful story.”—John Grisham “Bryan Stevenson is one of my personal heroes, perhaps the most inspiring and influential crusader for justice alive today, and Just Mercy is extraordinary. The stories told within these pages hold the potential to transform what we think we mean when we talk about justice.”—Michelle Alexander, author of The New Jim Crow

Night

Author : Elie Wiesel
ISBN : 9781466805361
Genre : Biography & Autobiography
File Size : 30. 26 MB
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A New Translation From The French By Marion Wiesel Night is Elie Wiesel's masterpiece, a candid, horrific, and deeply poignant autobiographical account of his survival as a teenager in the Nazi death camps. This new translation by Marion Wiesel, Elie's wife and frequent translator, presents this seminal memoir in the language and spirit truest to the author's original intent. And in a substantive new preface, Elie reflects on the enduring importance of Night and his lifelong, passionate dedication to ensuring that the world never forgets man's capacity for inhumanity to man. Night offers much more than a litany of the daily terrors, everyday perversions, and rampant sadism at Auschwitz and Buchenwald; it also eloquently addresses many of the philosophical as well as personal questions implicit in any serious consideration of what the Holocaust was, what it meant, and what its legacy is and will be.

Lawyer S Desk Book 2017 Edition Il

Author : Shilling
ISBN : 9781454872085
Genre : Law
File Size : 75. 71 MB
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Lawyer s Desk Book is an extraordinary guide that you can t afford to be without. Used by over 150,000 attorneys and legal professionals, this must-have reference supplies you with instant, authoritative legal answers, without exorbitant research fees. Packed with current, critical information, Lawyer s Desk Book includes: Practical guidance on virtually any legal matter you might encounter: real estate transactions, trusts, divorce law, securities, mergers and acquisitions, computer law, tax planning, credit and collections, employer-employee relations, personal injury, and more - over 75 key legal areas in all! Quick answers to your legal questions, without having to search stacks of material, or wade through pages of verbiage. Key citations of crucial court cases, rulings, references, code sections, and more. More than 1500 pages of concise, practical, insightful information. No fluff, no filler. Just the facts you need to know. The Lawyer's Desk Book, 2017Edition incorporates recent court decisions, legislation, and administrative rulings. Federal statutes and revised sentencing guides covered in this edition reflect a growing interest in preventing terrorism, punishing terror-related crimes, and promoting greater uniformity of sentencing. There is also new material on intellectual property law, on legislation stemming from corporate scandals, such as the Sarbanes- Oxley Act, and on legislation to cut individual and corporate tax rates, such as the Jobs and Growth Tax Relief Reconciliation Act. Chapters are in sections on areas including business planning and litigation, contract and property law, and law office issues. "

Freedom Of The Press

Author : Lyrissa Barnett Lidsky
ISBN : 0313315973
Genre : Language Arts & Disciplines
File Size : 36. 33 MB
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Provides an overview of the past, present, and possible future of the constitutional right to freedom of the press.

Reports Of Cases Argued And Determined In The Supreme Court Of Alabama

Author : Alabama. Supreme Court
ISBN : MINN:31951T00056262L
Genre : Law reports, digests, etc
File Size : 54. 22 MB
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Contents. -- Minor's Reports v.l. -- Stewart's Reports v. 1-3. -- Stewart and Porter's Reports v. 1-5. -- Porter's Reports v. 1-9. -- Alabama Reports v. 1-80.

Reports Of Cases Argued And Determined In The Supreme Court Of Alabama

Author :
ISBN : OSU:32437011813801
Genre : Laws reports, digests, etc
File Size : 88. 22 MB
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Report Of Cases Argued And Determined In The Supreme Court Of Alabama

Author : Alabama. Supreme Court
ISBN : IOWA:31858017888979
Genre : Law reports, digests, etc
File Size : 78. 96 MB
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The Chronicle

Author :
ISBN : UIUC:30112084399689
Genre : Banks and banking
File Size : 49. 46 MB
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