Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice...

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

"An important and thought-provoking addition to the literature on the ethics of lawyers."---Kimberly Kirkland, Franklin Pierce Law CenterThe Consciousness of the Litigator investigates the role of the lawyer in modern American political and social life and in the judicial process, and plumbs lawyers' perceptions of themselves, their work, and, especially, their sense of right and wrong.In so doing, the book sheds light on the unique and little-examined subje...

An acclaimed trial attorney presents a mock murder case to explore the jury system in this "compelling . . . intelligent . . . provocative" work ( The New York Times Book Review).Creating a composite legal case based on real-life criminal investigations and trials, Seymour Wishman's Anatomy of a Jury carries us from crime scene to courthouse to jury room, providing a fascinating, behind-the-scenes look into the nation's criminal justice system.

What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them.The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues t...

Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems.Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems.Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities.Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Soci...

“Breathtakingly inspiring.” —Laurence H. Tribe, Professor of Constitutional Law, Harvard Law SchoolWhen advocates for marriage equality sought to challenge California’s notorious Proposition 8, they were fortunate to have the support of two of the nation’s preeminent lawyers, David Boies and Theodore B. Olson. Despite the fact that they had argued against one another in the landmark Bush v. Gore case, their commitment to the marriage issue led them to join...

"The Hidden Jury couldn't be more timely or more urgently needed."--from the introduction by Johnnie CochranWhy do guilty defendants go free?Why do juries award huge sums for ridiculous lawsuits?Who really controls the verdict of a trial?The most powerful people in today's jury trials aren't lawyers, judges, plaintiffs or defendants. Their names don't even appear on the court record. Yet their presence and opinions shape the way that court cases are fought, an...

Every day, trials impact the lives of untold numbers of citizens. But the public has only popular images and urban myths to give it an idea of what goes on in a trial. There has been no handy, easy-to-read reference book that explains trial strategy, tactics and the process to non-lawyers — until now. See You In Court fills this void.If there is a courtroom in your future or you are writing about one and would like to know what lawyers know about the process, "See You In Court will...

Death Penalty Cases presents significant verbatim excerpts of death-penalty decisions from the United States Supreme Court. The first chapter introduces the topics discussed throughout the book. It also includes a detailed history of the death penalty in the United States. After this introduction, the remaining eighteen chapters are divided into five parts: Foundational Cases, Death-Eligible Crimes and Persons, The Death Penalty Trial, Post-Conviction Review, and Execution Issues. The firs...

Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges—at the risk of intellectual stagnation—to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or...

**An "admirable, courageous, and meticulously fair and honest book” (New York Times Book Review) in which “one of our most important and perceptive writers on race" (The Washington Post) takes on a highly complex issue in a way that no one has before."This book should be a standard for all law students."—Boston Globe**In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, H...