Doctrine Under Trial

Author : Clay S. Conrad
Publisher : Cato Institute
ISBN 13 : 1939709016
Total Pages : 337 pages
Book Rating : 4.11/5 ( download)

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Download or read book Jury Nullification written by Clay S. Conrad and published by Cato Institute. This book was released on 2013-12-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c

Author : Mark E. Grotelueschen
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313003289
Total Pages : 200 pages
Book Rating : 4.88/5 ( download)

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Download or read book Doctrine Under Trial written by Mark E. Grotelueschen and published by Bloomsbury Publishing USA. This book was released on 2000-11-30 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artillery proved to be the greatest killer on the Western front in World War I, and the use and misuse of artillery was certainly a determining factor in the war^D's outcome. While many books explore the artillery forces and employment of the European powers, this is the first study to examine artillery employment in the American Expeditionary Force. Grotelueschen follows one AEF division through its entire World War I experience, from preliminary training to each of its battles in France. This approach allows for great investigative depth and an opportunity to explore the implementation of doctrinal changes throughout the war. While accounts of the AEF written in the immediate aftermath of the war praised it as a great fighting machine, most scholars have concluded that the AEF was a flawed combat force. This study demonstrates that despite significant flaws and weaknesses, especially in artillery doctrine and employment, at least some AEF divisions did attain effective fighting ability. American divisions were most successful when carrying out limited, set-piece attacks, efforts that ran counter to approved US Army and AEF doctrine at the time. Historians will find this unique approach to the study of division level strengths and weaknesses to be useful in making more accurate and complete comparisons among the great armies of the Western Front.

Author : James Q. Whitman
Publisher :
ISBN 13 : 9780300150100
Total Pages : 276 pages
Book Rating : 4.05/5 ( download)

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Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by . This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Author : Philip Chase
Publisher : Algora Publishing
ISBN 13 : 0875865380
Total Pages : 238 pages
Book Rating : 4.86/5 ( download)

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Download or read book 25 Doctrines of Law You Should Know written by Philip Chase and published by Algora Publishing. This book was released on 2007 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I'll sue you!" In America's litigious society, everyone needs €to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. This introduction to legal doctrines is a good first step if you want to file suit or help prepare your own legal defenses. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the legal jargon, the intimidation factor loses its power and you can concentrate on real issues and use these tools to take care of yourself. Some of America's doctrines go back to the 17th-century English Bench and have had a lasting impact on our legal system. Other doctrines are of more recent vintage but have had an equally profound influence. The author has researched 1,000 legal cases and identified 326 different doctrines of law; of those, he has selected 25 doctrines that average Americans are most likely to encounter in everyday €activities. In these pages he reviews actual cases to show how the doctrines apply in real-life scenarios and relates what happened in court. These non-jargon explanations of legal scenarios provide handy background reading for fans of court-room dramas and, since any one of us may end up in court these days, important general education for every adult in the United States. The 25 doctrines discussed are: 1. Res Ipsa Loquitur 2. Promissory Estoppel 3. Respondeat Superior 4. €Doctrine of Sudden Danger 5. Rescue Doctrine 6. Doctrine of Comparative Negligence 7. Doctrine of Unjust Enrichment 8. €Doctrine of Unclean Hands 9. Doctrine of Unconscionability 10. Fruit of the Poisonous Tree Doctrine 11. Attractive Nuisance Doctrine 12. €Doctrine of Mitigated Damages 13. Quantum Meruit Doctrine 14. €Doctrine of Sovereign Immunity 15. Doctrine of Absolute €Immunity 16. Doctrine of Qualified Immunity 17. Last Clear Chance Doctrine 18. €Open and Obvious Danger Doctrine 19. Assumption of Risk Doctrine 20. €Public Duty Doctrine 21. Statute of Limitations 22. Equitable Estoppel 23. Res Judicata 24. Collateral Estoppel 25. Stare Decisis As an accessible point of introduction for those interested in the U.S. legal system, this book is suitable as a popular reference work for public libraries, auxiliary reading for business-school courses, a starting place for anyone caught in a legal conflict, and handy background reading for fans of court-room drama novels and T.V.

Author :
Publisher :
ISBN 13 :
Total Pages : 886 pages
Book Rating : 4.22/5 ( download)

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Download or read book California Trial Objections written by and published by . This book was released on 2009 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Jens David Ohlin
Publisher : Aspen Publishing
ISBN 13 : 1543835139
Total Pages : 1129 pages
Book Rating : 4.37/5 ( download)

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Download or read book Criminal Law written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2021-09-14 with total page 1129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Jens Ohlin’s Criminal Law is designed to respond to the changing nature of law teaching by offering a shorter, flexible, and more doctrinal approach, with an emphasis on application. Materials are presented, in a visually lively style, via a consistently structured pedagogy within each chapter: Doctrine (treatise-like explanation), Application (cases), and Practice/Policy (questions providing an opportunity for normative critique of the law and exploration of practical and strategic challenges facing criminal lawyers). Theory is integrated into the doctrine section rather than conveyed through law review excerpts, so as to help students make the necessary connections to doctrinal issues. Aggressively-edited cases help keep the length to a minimum, and modern cases will engage younger students and professors. New to the Third Edition: New materials on mass incarceration, the “defund the police” movement, and prison abolition Revised chapter on Felony Murder, taking into account recent doctrinal developments, including California’s repeal of the doctrine Revised chapter on Provocation New Problem Case dealing with “Swatting” New chapter on Offenses Against the Administration of Justice, covering obstruction of justice, perjury, bribery, corruption, and contempt of court Professors and students will benefit from: Structure and content which line up with how professors actually teach the course, as opposed to how the course was taught a generation ago Integrated notes throughout the casebook, directing students to view a series of 20 short video clips that bring the doctrinal controversies to life in a fictional courtroom Shorter-than-average casebook length, helping to make it more manageable for professors with reduced course hours Brief chapters, each focusing on a single doctrine Innovative pedagogy emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Theory interwoven into doctrine materials (rather than rigorous law review excerpts) New, fresh, tightly-edited cases Post-case notes and questions to invite closer examination of doctrine/application and to generate class discussion “Problem Case” boxes (featuring high-profile cases and which include discussion questions) Hypotheticals “Afterward” boxes (following some cases) “Advice” boxes “Practice and Policy” sections in each chapter, urging students to consider how the various actors in the process (prosecutors, defense counsel, judges and juries) make particular decisions and the strategic calculations that informed them, and make this casebook more practice-ready than others Open, two-color design with appealing visual elements (including carefully-selected photographs)

Author : James Q. Whitman
Publisher : Yale University Press
ISBN 13 : 0300116004
Total Pages : 286 pages
Book Rating : 4.07/5 ( download)

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Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by Yale University Press. This book was released on 2008-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Author :
Publisher : Collier's Publishing
ISBN 13 : 9780934964487
Total Pages : 44 pages
Book Rating : 4.83/5 ( download)

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Download or read book Doctrine of the Priesthood Vol 4 No. 1 - The Trials of John W. Taylor and Matthias F. Cowley written by and published by Collier's Publishing. This book was released on with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : C. S. Lewis
Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 0802871836
Total Pages : 409 pages
Book Rating : 4.31/5 ( download)

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Download or read book God in the Dock written by C. S. Lewis and published by Wm. B. Eerdmans Publishing. This book was released on 2014-09-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lewis struck me as the most thoroughly converted man I ever met," observes Walter Hooper in the preface to this collection of essays by C.S. Lewis. "His whole vision of life was such that the natural and the supernatural seemed inseparably combined. "It is precisely this pervasive Christianity which is demonstrated in the forty-eight essays comprising God in the Dock. Here Lewis addresses himself both to theological questions and to those which Hooper terms "semi-theological," or ethical. But whether he is discussing "Evil and God," "Miracles," "The Decline of Religion," or "The Humanitarian Theory of Punishment," his insight and observations are thoroughly and profoundly Christian. Drawn from a variety of sources, the essays were designed to meet a variety of needs, and among other accomplishments they serve to illustrate the many different angles from which we are able to view the Christian religion. They range from relatively popular pieces written for newspapers to more learned defenses of the faith which first appeared in The Socratic Digest. Characterized by Lewis's honesty and realism, his insight and conviction, and above all his thoroughgoing commitments to Christianity, these essays make God in the Dock very much a book for our time.--Amazon.com.

Author : Jens David Ohlin
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1670 pages
Book Rating : 4.40/5 ( download)

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Download or read book Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).