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Foregrounding religious, racialized and gendered disputes, Decision Making and Controversies in State Supreme Courts examines state supreme court decision making during controversies. Using case studies within Alabama, Louisiana, and Wisconsin, Salmon Shomade identifies and analyses the predominant factors influencing decision making in times of court contention. In this book, Shomade assesses how the justices’ interpersonal dynamics and controversial issues of religion, race, and gender impact their decision making. Specifically, the book focuses on former Alabama Chief Justice Roy Moore and the Ten Commandments monument crisis, Louisiana Chief Justice Bernette Johnson and her elevation dispute, and former Wisconsin Justice David Prosser and his conflicts with two female colleagues. The book contributes to the literature on decision making in state appellate courts by building upon established models utilized for assessing these courts.
Winner of the Francis Butler Simkins Award for 1995 and the 1994 General L. Kemper Williams Prize In what may be the most impressive research to date of state supreme court records, this study analyzes the evolution of Loui siana’s slave laws from the territorial period to the Civil War. Schafer presents numerous concise case his tories, stories that are fascinating and at times heartbreaking in the particulars they reveal about slaves’ existence. Anyone interested in slavery will find Schafer’s work riveting reading, for it depicts in detail, probably better than most fictional or narrative accounts, what living in bondage could mean.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrativ...
The unforgettable story of one lawyer and his defendant who together changed American law during the height of the Civil Rights era In 1966 in a small town in Louisiana, a 19-year-old black man named Gary Duncan pulled his car off the road to stop a fight between a group of four white kids and two of Gary's own cousins. After putting his hand on the arm of one of the white children, Duncan was arrested for assault. A member of the local branch of the NAACP, Duncan used his contacts to reach Richard Sobol, a 29-year-old born and bred New Yorker working that summer in a black firm ("the most radical law firm") in New Orleans, to represent him. In this powerful work of character-driven history that benefits from the author's deep understanding of the law, Van Meter brings alive how one court case changed the course of justice in the South, and eventually the entire country. The events that Gary Duncan set in motion brought to an end a form of injustice -- denial of trial by jury-- that led to the incarceration of thousands of poor and mostly black Americans. Duncan vs. Louisiana changed America, but before it did it changed the lives of the people who litigated it.
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
An Anatomy of Louisiana Evidence Law is the first of its kind in Louisiana, representing a new trend in law school casebooks across the country. Much more than just a compilation of cases and notes, this book is a complete coursebook. It presents a detailed, thorough, and comprehensive examination of the law of evidence through the use of concise commentary and a number of pedagogical elements designed to both reinforce legal principles and to help bridge the ever-widening gap between law school theory and practice. This exceptionally organized casebook covers the entire Louisiana Code of Evidence with a treatise-like explanation of the legal principles, written in a reader friendly style. T...