The ABA and most state bar associations have identified a wellness crisis in the legal profession, and called for educating students on how to better cope with the challenges of law school and practice. At the same time, students must learn how to maximize their brain health so that they perform well in law school and on behalf of their clients in practice. The same way musicians would tune their instruments, or chefs would sharpen their knives, law students must sharpen their minds. This book aims to help students "do well" in their ability to learn, and "be well" in the process, by exploring the deep connection between brain health and wellness.
This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study.
The Unlikely World of the Montgomery Bus Boycott analyzes the global influences and impact of the 1955-56 mass protest that many historians peg as the start of the twentieth-century civil rights movement. Author Cole S. Manley moves beyond the borders of Alabama, and even beyond the U.S., to interrogate how Black Montgomery boycotters thought about their movement alongside global freedom struggles, from the anti-apartheid movement in South Africa to the anti-color bar battles in the United Kingdom. With each day of the year-long boycott, news of the movement traveled farther, reaching White pacifists in New York, Black internationalists in London, and, not long thereafter, anti-apartheid leaders in South Africa. Manley's book calls for a new reading of the civil rights movement, one which can encompass the expansive thinking and radical dreams of leaders like Rosa Parks, Martin Luther King Jr., and Jo Ann Robinson. The Montgomery boycott was much more than a battle over fair bus seating. It remains an example of the power of protest and solidarity which still inspires struggles for racial and economic justice.
This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents Americas first tradition of rights on its own terms and as part of this countrys heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that states colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.
Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
In the first comprehensive account of the Supreme Court's race-related jurisprudence, a distinguished historian and a renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation's promise of equality for all.
In this book, the author deftly uses the American university as a lens through which to view the Constitution in action. Drawing on landmark cases and conflicts played out on college campuses, he demonstrates how five key constitutional ideas are not only fiercely contested on college campuses, but also dominate the shape and identity of American university life.
Jack Balkin and other legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how-through legal imagination and political struggle-arguments once dismissed as "off-the-wall" can later become established in American constitutional law.
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