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Brief-Writing Master Plan
As much a sword as a shield, Brief-Writing Master Plan offers an unparalleled and unprecedented curriculum of written advocacy. It’s a sparkling, alchemical blend of doctrine, ethics, and skills. It recruits linguistics, logic, psychology, rhetoric, and semantics into the arsenal of learned advocacy. It contains the rhetorical wisdom of ages, pages, and sages. An advocate files a brief to persuade the judge to decide the lawsuit in favor of the advocate’s client. The keyword is persuade. Too often, advocates forget this and write to please themselves. They address themselves instead of the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in...
Disorder in the Court
Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings. Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one's actions does not map neatly onto the mental health professions' understandings of mental illness and how that affects an individual's ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury--or a public, for that matter--that a defendant is or is not responsible for his or her actions at a particular moment in time. Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v.
The Child Before the Court
Introduction : the child as a representative anecdote for the citizen -- Virtuous character : nineteenth-century controversies -- Natural liberty : Turner, Meyer, and Pierce -- Patriotism and politics : Gobitis and Barnette -- Procedure, care, and liberty : in re Gault -- Strategic performance : Tinker v. Des Moines Independent School District -- Tradition against the individual : Ingraham v. Wright -- Tradition against democratic majorities : Parham v. J. R. -- Tradition against Free Speech : Bethel School District v. Fraser -- Limited state obligations : Hazelwood et al. v. Kuhlmeier -- The impoverished social contract : DeShaney v. Winnebago County DSS -- The National interest : Morse v. Frederick -- Conclusion : citizenship and judgment in uncertain times.
Corporal Rhetoric
"Examines public discourse from the Progressive Era over the state's right to regulate women's bodies and their reproduction"--
We Make Each Other Beautiful
We Make Each Other Beautiful focuses on woman of color and queer of color artists and artist collectives who engage in direct political action as a part of their art practice. Defined by public protest, rule-breaking, rebellion, and resistance to governmental and institutional abuse, direct-action "artivism" draws on the aims, radical spirit, and tactics of the civil rights and feminist movements and on the struggles for disability rights, queer rights, and immigrant rights to seek legal and social change. Yxta Maya Murray traces the development of artivism as a practice from the Harlem Renaissance to Yoko Ono, Judy Baca, and Marsha P. Johnson. She also studies its role in transforming law and society. We Make Each Other Beautiful profiles the work and lives of four contemporary artivists —Carrie Mae Weems, Young Joon Kwak, Tanya Aguiñiga, and Imani Jacqueline Brown—and the artivist collective Drawn Together, combining new oral histories with sharp analyses of how their diverse and expansive artistic practices bear important aesthetic and politicolegal meanings that address a wide range of injustices.
Presumptions and Burdens of Proof
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century. However, the d...
Current Law Index
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Fear and the First Amendment
"A whole host of fears may motivate calls to restrict First Amendment rights, prioritizing one fear over another. Fear and the First Amendment unveils these negotiations of various fears and related protections as they appear in the contemporary Supreme Court, showing that fear is significant and rhetorical in First Amendment conflicts"--
Overturned
A timely and lively summary and analysis of the Supreme Court's justifications for overruling nearly 300 prior rulings in its history 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. The immense controversy surrounding the case of Dobbs v. Jackson Women's Health Organization in 2022, which overruled Roe v. Wade and erased the constitutional right to abortion in the United States, has focused public attention on how and why the Supreme Court knocks down long-established precedents. In his vivid and accessibl...
Essentials of Lawyering Skills in Africa
In twenty-two chapters, divided into six parts for convenience, the authors not only lay bare the art of lawyering but also provide invaluable nuggets of perfecting and excelling as a solicitor and advocate. There is little doubt that the contents of this book dramatically make a lawyer, especially the lawyer in Africa, to be more effective, more skilful and a proper lawyer useful to the client and society.
