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。

An introductory lecture on jurisprudence (philosophy of law) delivered at the Faculty of Law, University of Alberta, Edmonton, Alberta on March 26, 1993.

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.

This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.

In 1981, after almost two centuries of exclusively male appointments, Sandra Day O'Connor became the first female Supreme Court Justice of the United States, a significant historical moment and a symbolic triumph for supporters of women's rights. Most do not know, however, about the remarkable women shortlisted for the Supreme Court in the decades before O'Connor's success. Since the 1930s, nine women were formally considered for a seat on the Supreme Court, but were ultimately passed over. Shortlisted gives them the recognition they deserve.

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.

A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view, the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than “politicians in robes” - their ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions.

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.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

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.

The legal system was not designed for poor people. Yet, we ask citizens to use this system every day in spite of its shortcomings. If you have been sued or need to sue to seek legal redress, this book is for you. It will guide you through some of what to expect, and further explain why the system does not render justice every day.

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.

Dive into the intricate web of judicial interpretations surrounding religious freedom and the First Amendment with "What’s Law Got to do With it?." In this thought-provoking exploration, Rev Dr. Anthony Suarez Esq, a seasoned legal scholar, dissects the evolving landscape of the "establishment clause" and the "free exercise clause" and delves into the inherent tensions between these constitutional principles.

Sound interesting? The author thinks so too! Listen to Care Court in California: 2nd Edition!

Barrister Charlotte Proudman has represented countless women in cases spanning rape, domestic abuse, child abduction, forced marriage and female genital mutilation. She has seen first-hand how the family court deepens the trauma of vulnerable women, staking their futures on the biases of individual judges and forcing them to endure the torture of a judicial process that stretches over months and sometimes years.

It wasn’t long ago that liberal icons, including the late Supreme Court Justice Ruth Bader Ginsburg, were against the idea of overhauling the court for political gain. But now, in the Biden era, more and more powerful Democrats are getting behind the cause, claiming the high court is broken and actively dismantling our democracy. Even Joe Biden—who once called court-packing a “bonehead idea”—gave in to the progressive wing of his party, appointing a committee to examine “reforms” to the court after being sworn in as president.

As one of just a few judges licensed to try murder cases at the Old Bailey, the author has presided over many of the high-profile cases that all too often grab our attention in dramatic media headlines—for every unlawful death tells a story. But, unlike most of us, a judge doesn't get to turn the page and move on. Nor does the defendant, or the family of the victim, nor the many other people who populate the court room. Peeling apart six dramatic murder and manslaughter cases, Unlawful Killings removes this distinction between 'them' and 'us'.

The Black and Latina daughter of a working-class family, Victoria Pratt learned to treat everyone with dignity, no matter their background. When she became Newark Municipal Court’s chief judge, she knew well the inequities that poor, mentally ill, Black, and brown people faced in the criminal justice system. Pratt’s reforms transformed her courtroom into a place for problem-solving and a resource for healing.