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 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.

In The Majesty of the Law, Supreme Court Justice Sandra Day O’Connor explores the law, her life as a Justice, and how the Court has evolved and continues to function, grow, and change as an American institution. Tracing some of the origins of American law through history, people, and ideas, O’Connor sheds new light on the basics, and through personal observation she explores the development of institutions and ideas we have come to regard as fundamental.

Based on exclusive interviews with justices themselves, The Nine tells the story of the Supreme Court through personalities, from Anthony Kennedy's overwhelming sense of self-importance to Clarence Thomas' well-tended grievances against his critics to David Souter's odd 19th century lifestyle. There is also, for the first time, the full behind-the-scenes story of Bush v. Gore and Sandra Day O'Connor's fateful breach with George W. Bush, the president she helped place in office.

This is one of the true classics in world legal literature. Written by a master of law and language, it is a primary source book for anyone interested either in legal theory or political science. For the layman, it serves to clarify the very essence of the common law, the cornerstone of our present legal system.

Murderous mafia capos. The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before US District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release.

The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.

The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.

This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other - until recently. In the past few years, the scientific paradigm has shifted dramatically, from seeing the natural world as a kind of cosmic machine to understanding it as a network of fluidly interacting communities. But law is stuck in a mechanistic, 17th-century view that the world is made up of discrete individual parts.

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.

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.

Conversations with RBG is a remarkable and unique audiobook, an informal portrait of Justice Ruth Bader Ginsburg, drawing on a series of her conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through.

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.

Accede al contenido íntegro de la Ley 39/2015 de forma cómoda y práctica con este audiolibro. Escucha y comprende sus disposiciones en cualquier momento y lugar, facilitando el aprendizaje y la retención de sus artículos. Una herramienta ideal para quienes buscan familiarizarse con el procedimiento administrativo de manera eficiente y accesible. ¡Optimiza tu tiempo y aprende de forma dinámica!

The courthouse is an important part of every story of mass incarceration in America and, too often, it is a place of powerlessness for those facing criminal charges, their families, and their communities. But the courthouse can also be an important site of resistance, a place where Americans affected by incarceration can become agents of change—even though they are not lawyers or judges.

An audacious US Supreme Court is overturning a number of long-standing precedents, and Overturned offers a lively account of the court's history of overturning prior cases and examples and analyses of 300 cases overruled in its history.

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.

Muss ich mein Kind in die Schule schicken? Kriege ich für den abgebrochenen Fingernagel Schmerzensgeld? Kann ich hiermit vor Gericht ziehen oder damit vor Gericht gezogen werden? Das Fachwissen von Anwälten wird im Freundeskreis gern angezapft. Denn: Für normale Menschen ist die Welt der Juristerei ziemlich mysteriös. Auch in Staffel 2 des Original Podcasts "Sag mal, du als Richterin" geben ein Anwalt und eine Richterin freimütig die Reiseführer für einen Neuling durch das unwegsame Reich der Paragraphen.