A famous defender of the underdog, the oppressed, and the powerless, Clarence Darrow (1857–1938) is one of the true legends of the American legal system. His cases were many and various, but all were marked by his unequivocal sense of justice, as well as his penchant for representing infamous and unpopular clients, such as the Chicago thrill killers Leopold and Loeb; Ossian Sweet, the African American doctor charged with murder after fighting off a violent, white mob in Detroit; and John T. Scopes, the teacher on trial in the famous Scopes Monkey Trial.
Published for the first time in 1957, Attorney for the Damned collects Darrow’s most influential summations and supplements them with scene-setting explanations and comprehensive notes by Arthur Weinberg. Darrow confronts issues that remain relevant over half a century after his death: First Amendment rights, capital punishment, and the separation of church and state. With an insightful forward by Justice William O. Douglas, this volume serves as a powerful reminder of Darrow’s relevance today.
Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial.
Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials.
Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed.
The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history.
Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
On the morning of May 7, 1965, the American freighter Cedarville collided with the Norwegian vessel Topdalsfjord in heavy fog in the Straits of Mackinac. Ultimately, ten crew members of the Cedarville died and a legal battle ensued implicating U.S. Steel---the company that owned the Cedarville---in the chain of events leading to the tragedy.
The Cedarville Conspiracy is the story of that doomed ship and its crew. It is also the first Great Lakes history to expose the heroism, villainy, courage, and confusion surrounding the Cedarville disaster.
In atmospheric, cinematic style, L. Stephen Cox's gripping page-turner dramatizes the events surrounding the collision between the Norwegian and American freighters. As the mortally wounded Cedarville began to list and sink, U.S. Steel refused to allow the crew to escape to safety, while the captain secretly donned his life jacket and abandoned the sinking ship. Ten seamen died in the frigid waters that morning as the captain and survivors swam to safety.
Researching the story, author L. Stephen Cox interviewed the surviving crew and their rescuers and attorneys, examined more than 20,000 pages of Coast Guard reports, and discovered deposition transcripts and other documentary evidence that detailed the deterioration of the ship, the captain's disregard of Great Lakes navigational rules, the company's participation in the decision to confine the men aboard the sinking vessel, and the subsequent efforts by U.S. Steel to manipulate the evidence.
Examination of seven famous trials, each concluding with an evaluation of the trial by a lawyer, judge, law professor, or communication scholar.
The Washington Post coverage of the John Hinckley case preceding the trial demonstrates the effects media may have on a trial. The Haymarket riot trial serves as an example of opening statements in a storytelling form.
By analyzing the trial of Bruno Richard Hauptmann, Schuetz and Snedaker explain direct examination according to its purpose, legal rules, ordering of witnesses, verbal and nonverbal techniques of interrogation, and tactics for introducing evidence.
The cross-examination in the Sacco-Vanzetti case shows how advocates enhance or decrease their persuasiveness by adopting communication maneuvers. Closing arguments in the Rosenberg trial took the form of a refutative story with a dual persuasive and instructional content.
The Supreme Court appeal in the Sam Sheppard case demonstrates the procedures, form, content, and style of arguments of appellate briefs. The Chicago Eight trial is an example of trial as theatre.
Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world. Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies.
Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity.
Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts.
Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes.
For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
Cultural views of femininity exerted a powerful influence on the courtroom arguments used to defend or condemn notable women on trial in nineteenth-century and early-twentieth-century America. A. Cheree Carlson analyzes the colorful rhetorical strategies employed by lawyers and reporters in the trials of several women of varying historical stature, from the insanity trials of Mary Todd Lincoln and Lizzie Borden's trial for the brutal slaying of her father and stepmother, to lesser-known trials involving insanity, infidelity, murder, abortion, and interracial marriage. Carlson reveals clearly just how narrow was the line that women had to walk, since the same womanly virtues that were expected of them--passivity, frailty, and purity--could be turned against them at any time. With gripping retellings and incisive analysis, this book will appeal to historians, rhetoricians, feminist researchers, and anyone who enjoys courtroom drama.
In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
Although the northern Illinois chapters of the story of Susan “Sukey” Richardson’s escape from slavery on the Underground Railroad are documented, the part played by southern Illinois in that historic episode has remained obscure. Carol Pirtle changes that with her investigation into the 1843 suit Andrew Borders lodged against William Hayes, charging his neighbor with helping slaves from the Borders estate escape to Galesburg. In conjunction with her probe into the past, Pirtle also discovered the Hayes correspondence.
Pirtle documents Hayes’s involvement in the Illinois Underground Railroad through approximately two hundred letters received by Hayes from the early 1820s until his death in 1849. Many of these letters specifically corroborate his participation in the escape of slaves from the Borders estate. One such letter came from T. A. Jones in 1843: “You Dear Sir are to me an unknown friend, yet I believe you are a friend to the poor down trodden Slave. This is as good an introduction as I want from any man. My brother, our cause is a holy one.” Letters written by Galesburg residents show that several prominent citizens of that community also assisted in the affair, proving that Knox College administrators and trustees were active in the Underground Railroad.
Pirtle also includes excerpts from the trial transcript from the 1844 civil case against Hayes, which was tried in Pinckneyville, Illinois. She researched newspaper accounts of the event, most notably those in the Western Citizen and the Sparta Herald. Records of the Covenanter Presbyterian church of which Hayes was a member provide partial explanations of Hayes’s motives.
Telling the story of Hayes and his involvement with Susan Richardson and the Underground Railroad, Pirtle provides insight into the work of abolitionists in Illinois. Escape Betwixt Two Suns, in fact, is one of the few books to substantiate the legends of the Underground Railroad. She tells the story of a quiet man who made a difference, of a man deserving the accolades of a hero.
On the field, legends like Don Hutson, Ray Nitschke, and Brett Favre made the Green Bay Packers into a professional football powerhouse. But the history of the NFL’s only small-town franchise is as much a story of business creativity as gridiron supremacy. Behind every Packer who became a legend on the field, there was an Andrew Turnbull, Dominic Olejniczak, or Bob Harlan, leaders whose dedication and creativity in preserving the franchise were unwavering.
Green Bay Packers: Trials, Triumphs, and Traditions tells the improbable story of professional football’s most iconic team, and along the way gives a unique window into the rise of modern professional sports. As the NFL has evolved into a financial juggernaut, the Green Bay Packers, with more than 112,158 stockholders, stand alone as the only professional sports franchise owned by fans, thus providing the only public record of how a sports team is run.
Featuring more than 300 photographs, some never before seen, Green Bay Packers illustrates how the most creative team in sports is also one of the most successful, with names like Lambeau, Canadeo, Lombardi, Hornung, Holmgren, and White leading the way to a league-best thirteen NFL titles and twenty-one Hall of Fame inductees. This comprehensive, up-to-date history of the Packers includes the 2011 season.
Traversing six national parks (Arches, Canyonlands, Capitol Reef, Bryce, Grand Canyon, Zion), a national recreation area, a national monument, and various wilderness, primitive, and wilderness study areas, the Hayduke Trail is a challenging, 800-mile backcountry route on the Colorado Plateau. Whimsically named for a character in Edward Abbey’s The Monkey Wrench Gang, the trail begins in Arches National Park and ends in Zion National Park, stays entirely on public land, and traverses the complete variety of terrain available to hikers on the Plateau short of technical climbing.
Joe Mitchell and Mike Coronella pioneered Hayduke after concluding that a long trail—such as the Appalachian or Pacific Crest— was possible on the Plateau, thus introducing more people to these unique and threatened public lands. The Hayduke Trail includes detailed maps of the entire route, suggested cache points, and a wealth of description and tips for tackling this intense undertaking.
Hiking the entire route requires at least three months, though like other long trails it can be broken into smaller segments. The guide, featured in the March 2005 issue of National Geographic Adventure Magazine, is designed for experienced desert trekkers seeking a thorough-hiking experience on a well-tested route.
O. J. Simpson. The Central Park jogger. Bensonhurst. William Kennedy Smith. Rodney King. These are more than crimes and criminals, more than court cases. They are cultural events that, for better or worse, gave concrete expression to latent social conflicts in American society. In High-Profile Crimes, Lynn Chancer explores how these cases became conflated with larger social causes on a collective level and how this phenomenon has affected the law, the media, and social movements.
An astute and incisive chronicle of some of the most polarizing cases of the 1980s and 1990s, High-Profile Crimes shows that their landmark status results from the overlapping interaction of diverse participants. The merging of legal cases and social causes, Chancer argues, has wrought ambivalent effects on both social movements and the law. On the one hand, high-profile crimes offer important opportunities for emotional expression and raise awareness of social issues. But on the other hand, social problems cannot be resolved through the either/or determinations that are the goals of the legal system, creating frustration for those who look to the outcome of these cases for social progress. Guilt or innocence through the lens of the media leads to either defeat or victory for a social cause-a confounding situation that made the O. J. Simpson case, for example, unable to resolve the issues of domestic violence and police racism that it had come to symbolize.
Based on nearly two hundred interviews, Chancer's discussions of the infamous Central Park jogger and Bensonhurst cases-as well as the rape trials of William Kennedy Smith and Mike Tyson, the assault cases of Rodney King and Reginald Denny, and, finally, the O. J. Simpson murder trial-provide a convincing, multidimensional and innovative analysis of the most charged public dramas of the last two decades.
On October 21, 1996, attorney Michael Hausfeld, with a team of lawyers, filed a class-action complaint against Union Bank of Switzerland, Swiss Bank Corporation, and Credit Suisse on behalf of Holocaust victims. The suit accused the banks of, among other things, acting as the chief financiers for Nazi Germany. On August 12, 1998, the plaintiffs and banks reached a $1.25 billion settlement.
Through detailed research, court transcripts, and interviews with politicians, attorneys, historians, and survivors, Jane Schapiro shows how egos, personalities, and values clashed in this complex and emotionally charged case. Inside a Class Action provides an insider's view of a major lawsuit from its inception to its conclusion and will appeal to anyone interested in human rights, reparations, and international law.
The Juridical Unconscious
Shoshana Felman Harvard University Press, 2002 Library of Congress K346.F45 2002 | Dewey Decimal 340.19
This book offers a groundbreaking account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless."
Janice Schuetz investigates the felony trials of nine American women from colonial Salem to the present: Rebecca Nurse, tried for witchcraft in 1692; Mary E. Surratt, tried in 1865 for assisting John Wilkes Booth in the assassination of Abraham Lincoln; Lizzie Andrew Borden, tried in 1892 for the ax murder of her father and stepmother; Margaret Sanger, tried in 1915, 1917, and 1929 for her actions in support of birth control; Ethel Rosenberg, tried in 1951 for aiding the disclosure of secrets of the atom bomb to the Soviets; Yvonne Wanrow, tried in 1974 for killing a man who molested her neighbor’s daughter; Patricia Campbell Hearst, tried in 1975 for bank robbery as a member of the Symbionese Liberation Army; Jean Harris, tried in 1982 for killing Herman Tarnower, the Diet Doctor; and Darci Kayleen Pierce, tried in 1988 for kidnapping and brutally murdering a pregnant woman, then removing the baby from the woman’s womb.
In her analysis, Schuetz is careful to define these trials as popular trials. Characteristically, popular trials involve persons, issues, or crimes of social interest that attract extensive public interest and involvement. Such trials make a contribution to the ongoing historical dialogue about the meaning of justice and the legal system, while reflecting the values of the time and place in which they occur.
Schuetz examines the kinds of communication that transpired and the importance of gender in the trials by applying a different current rhetorical theory to each trial text. In every chapter, she explains her chosen interpretive theory, compares that framework with the discourse of the trial, and makes judgments about the meaning of the trial texts based on the interpretive theory.
The True Story Behind the Legendary Outlaw Gang, a Civil War Vendetta, and the Forgotten Court Documents That Helped Seal Their Fate On a dreary December 7, 1869, two strangers entered the Daviess County Savings and Loan in Gallatin, Missouri. One of the men asked the cashier for change and then unexpectedly raised a revolver and shot him at point-blank range. Until now, this crime has been considered the first of a string of bank and train robberies committed by Jesse James, his brother Frank, and other gang members. But a story has circulated for more than a century that the case was actually brought to trial by a young Missouri lawyer—and it was through this case that twenty-two-year-old Jesse was first identified as a criminal to the country. But until recently no evidence for such an action could be found. After years of painstaking searches through dusty court archives across Missouri, defense attorney James P. Muehlberger finally discovered the historic documents in 2007. These fascinating and important records reveal that the gunmen were forced to leave behind a magnificent thoroughbred that linked James to the murder and, more intriguing, that the attack was not a bank robbery at all, but a calculated assassination in retribution for a Civil War killing. The Lost Cause: The Trials of Frank and Jesse James is a thoroughly researched, thrilling account of the rise, pursuit, and prosecution of the legendary outlaw gang. Beginning with the newfound evidence of the Gallatin bank teller murder, the author explains how Jesse James attempted to avenge the death of his Confederate partisan leader, “Bloody Bill” Anderson, but shot the wrong man. Having lost his thoroughbred, Jesse stole another horse. Newly minted lawyer Henry McDougal brashly sued Jesse and Frank James for the loss of property, which would hang the murder on their heads. While Jesse professed his innocence and remained at large, his case was taken up by John Newman Edwards, editor of the Kansas City Times. Through Edwards’s pen, the James brothers were transformed from petty criminals to noble outlaws still fighting for Southern honor—the “Lost Cause.” Not fooled by Edwards’s rhetoric and populist appeal, McDougal and others, including Pinkerton detectives and the governor of Missouri, led a behind-the-scenes fight to bring down the gang. As the author explains, they first prosecuted lesser gang members, and by infiltrating the group, the authorities slowly unraveled the gang, with Jesse being shot by a paid informant in 1882. Frank James gave himself up, and in what was called the “trial of the century,” he was exonerated on all charges and retired to become a notable horse racing official until his death in 1915. Combining true crime, western adventure, and the transformation of America into a modern nation, The Lost Cause is engaging, entertaining history.
New translations of fifty transliterated texts for research and classroom use
This collection of sixth-century B.C.E. Mesopotamian texts provides a close-up, often dramatic, view of ancient courtroom encounters shedding light on Neo-Babylonian legal culture and daily life. In addition to the legal texts, Holtz provides an introduction to Neo-Babylonian social history, archival records, and legal materials. This is an essential resource for scholars interested in the history of law.
Fifty new English translations
Transliterations for use in advanced Akkadian courses
Background essays perfect for courses dealing with ancient Near Eastern history and law
Explanatory essays preceding each text and its translation
In this humorous and upbeat memoir, James Wickersham describes his career as a pioneer judge and later as a congressional representative assigned to a vast, snow-covered district, extending over 300,000 square miles in the undeveloped Alaska Territory. Wickersham’s many adventures include traveling by dogsled over hundreds of miles through snow-covered mountains; serving as judge for the trials of many famous outlaws in the midst of the gold strikes; and hunting, mining, and climbing in his local Alaska wilderness. Though he was instrumental in the early history of Alaska, and his legacy is evident throughout the state—for example, he named the city of Fairbanks—this is the first and only work to focus on Wickersham’s life during this pivotal time in Alaska’s history.
Since the time of Blackstone's "Farewell," poetry has been seen as celestial, pastoral, solitary, and mellifluous; law as venerable, social, urban, and cacophonous. This perception has persisted even to the present, with the bourgeoning field of law and literature focusing almost exclusively on fiction and drama. Poetry of the Law, however, reveals the richness of poetry about the law.
Poetry of the Law is the first serious anthology of law-related poetry ever published in the United States. As the editors make clear, though, serious need not imply solemn. Instead, David Kader and Michael Stanford have assembled a surprisingly capacious collection of 100 poems from the 1300s to the present.
Set in courtrooms, lawyers’ offices, law-school classrooms, and judges’ chambers; peopled with attorneys, the imprisoned (both innocent and guilty), judges, jurors, witnesses, and law-enforcement officers; based on real events (think “Scottsboro”) or exploring the complexity of abstract legal ideas; the poems celebrate justice or decry the lack of it, ranging in tone from witty to wry, sad to celebratory, funny to infuriating. Poetry of the Law is destined to become an authoritative source for years to come.
W. H. Auden
Ralph Waldo Emerson
A. E. Housman
X. J. Kennedy
D. H. Lawrence
Edgar Lee Masters
W. S. Merwin
Edna St. Vincent Millay
Sir Walter Raleigh
Mona Van Duyn
William Carlos Williams
from “The Hanging Judge” by Eavan Boland
Come to the country where justice is seen to be done,
Contemporary scholarship illustrates the law’s increasingly powerful role in American life; legal education, in turn, has focused on the problems and techniques of communication. This book addresses these interests through critical study of eight popular trials: the 17th-century trial of Dr. Henry Sacheverell, and the 20th-century trials of Scopes, the Rosenbergs, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Larry Hedgecock. Such trials spark major public debates, become symbols of public life, and legitimize particular beliefs and institutions. Despite high visibility and drama, however, the popular trial has not received sufficient study as persuasive event. Lying at the intersection of the institutional practices of law and the mass media, the popular trial has confounded study according to the conventional assumptions of scholarship in both law and communication studies.
This volume defines popular trials as a genre of public communication, a genre that includes trials unusually prominent within public discourse. Further, popular trials are often characterize by special media presentations through televised coverage of the trial itself and news analysis, intense audience identification with the principal actors, and political and social consequences independent of the legal action. The essays in this volume stress the rhetorical functions of popular trials. Contributors in addition to the editor include Lawrance M. Bernabo, Barry Brummett, Celeste Michelle Condit, Juliet Dee, Susan J. Drucker, J. Justin Gustainis, Janice Platt Hunold, William Lewis, John Louis Lucaites, and Larry A. Williamson.
In this fascinating biography set in nineteenth-century Savannah, Georgia, Janice L. Sumler-Edmond resurrects the life and times of Aspasia Cruvellier Mirault, a free woman of color whose story was until now lost to historical memory. It’s a story that informs our understanding of the antebellum South as we watch this widowed matriarch navigate the social, economic, and political complexities to create a legacy for her family.
In September 1781, the captain of the British slave ship Zong ordered 133 slaves thrown overboard, enabling the ship’s owners to file an insurance claim for their lost “cargo.” Accounts of this horrific event quickly became a staple of abolitionist discourse on both sides of the Atlantic. Ian Baucom revisits, in unprecedented detail, the Zong atrocity, the ensuing court cases, reactions to the event and trials, and the business and social dealings of the Liverpool merchants who owned the ship. Drawing on the work of an astonishing array of literary and social theorists, including Walter Benjamin, Giovanni Arrighi, Jacques Derrida, and many others, he argues that the tragedy is central not only to the trans-Atlantic slave trade and the political and cultural archives of the black Atlantic but also to the history of modern capital and ethics. To apprehend the Zong tragedy, Baucom suggests, is not to come to terms with an isolated atrocity but to encounter a logic of violence key to the unfolding history of Atlantic modernity.
Baucom contends that the massacre and the trials that followed it bring to light an Atlantic cycle of capital accumulation based on speculative finance, an economic cycle that has not yet run its course. The extraordinarily abstract nature of today’s finance capital is the late-eighteenth-century system intensified. Yet, as Baucom highlights, since the late 1700s, this rapacious speculative culture has had detractors. He traces the emergence and development of a counter-discourse he calls melancholy realism through abolitionist and human-rights texts, British romantic poetry, Scottish moral philosophy, and the work of late-twentieth-century literary theorists. In revealing how the Zong tragedy resonates within contemporary financial systems and human-rights discourses, Baucom puts forth a deeply compelling, utterly original theory of history: one that insists that an eighteenth-century atrocity is not past but present within the future we now inhabit.
The Trial in American Life
Robert A. Ferguson University of Chicago Press, 2006 Library of Congress KF220.F39 2007 | Dewey Decimal 345.7307
In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial’s role as a legal proceeding?
Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them—and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media.
The Trial in American Life weaves Ferguson’s deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance.
“A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission.”—Judge Richard Posner
“A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media’s obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time.”—Library Journal, starred review
TRIAL OF EBENEZER SCROOGE
Bruce Bueno de Mesquita The Ohio State University Press, 2001 Library of Congress PS3602.U34T75 2001 | Dewey Decimal 813.54
What happened to Ebenezer Scrooge after the night he was visited by the three spirits?
When we left Ebenezer Scrooge at the end of A Christmas Carol, he appeared to be a man transformed. But did he sincerely repent and earn admission to heaven? The Trial of Ebenezer Scrooge, written in Dickensian style and with tongue firmly lodged in cheek, follows Scrooge through the Court of Heavenly Justice, where his soul’s fate is to be determined. In this courtroom drama, using frequent flashbacks, the author uncovers startling evidence, much of it directly from Dickens’s classic, that reveals Scrooge to have lived a saintly life before being confronted by three Christmas ghosts. Evidence mounts that Mr. Scrooge struck a Faustian bargain with the Ghost of Christmas Yet to Come, a deal to extend his own mortality in exchange for yielding his soul as a tool for the forces of darkness to infiltrate heaven. Readers will enjoy the remaking of some of Dickens’s best-known characters. Tiny Tim emerges as a villain, while little Eppie, borrowed from George Eliot’s Silas Marner, is Scrooge’s protector and source of salvation. This new novel provides the much-needed redemption of Ebenezer Scrooge’s reputation and offers a welcome departure from the standard saccharine fare at Christmastime. Dickens buffs will have a merry time trying to find where Dickens’s voice ends and the author’s begins. All readers will puzzle over how we could have so misjudged Ebenezer Scrooge, or whether we judged Scrooge aright from the start.
In Trials and Triumphs, Marilyn Mayer Culpepper provides incomparable insights into women's lives during America's Civil War era. Her respect for these nineteenth-century women and their experiences, as well as her engaging and intimate style, enable Culpepper to transport readers into a tumultuous time of death, destruction, and privation—into a world turned upside down, an environment that seemed as strange to contemporaries as it does in our own time.
Culpepper has uncovered forgotten images of America's bloodiest conflict contained in the diaries and correspondence of more than 500 women. Trials and Triumphs reveals the anxiety, hardship, turmoil and tragedy that women endured during the war years. It reveals the fierce loyalty and enmity that nearly severed the Union, the horror of enemy occupation, and even the desperate austerity of an itinerate refugee life.
Just as the Civil War influenced culture and government, it shaped the attitudes of a new breed of pioneering woman. As the war progressed, either by choice or by default, men turned over more and more responsibility to women on the home front. As a result, women began to break free from the "cult of domesticity" to expand career opportunities. By war's end, women on both sides of the conflict proved to themselves and to a nearly shattered nation that the appellation "weaker sex" was a misnomer.
Originally published in 1992, this revised paperback edition includes a new index.
Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Tenure decisions, grading curves, course content, and committee assignments were the stuff of faculty meetings, not lawsuits.
Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. Professors sue each other for defamation based on assertions in research articles or tenure review letters; students sue professors for breach of contract when an F prevents them from graduating; professors threaten to sue students for unfairly criticizing their teaching.
Gajda’s lively account introduces the new duo driving the changes: the litigious academic who sees academic prerogative as a matter of legal entitlement and the skeptical judge who is increasingly willing to set aside decades of academic deference to pronounce campus rights and responsibilities.
This turn to the courts is changing campus life, eroding traditional notions of academic autonomy and confidentiality, and encouraging courts to micromanage course content, admissions standards, exam policies, graduation requirements, and peer review.
This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.
The nation's leading minister stands accused of adultery. He vehemently denies the charge but confesses to being on "the ragged edge of despair." His alleged lover is a woman of mystical faith, nearly "Catholic" in her piety. Her husband, a famous writer, sues the minister for damages. A six-month trial ends inconclusively, but it holds the nation in thrall. It produces gripping drama, scathing cartoons, and soul-searching editorials. Trials of Intimacy is the story of a scandal that shook American culture to the core in the 1870s because the key players were such vaunted moral leaders. In that respect there has never been another case like it—except The Scarlet Letter, to which it was constantly compared.
Henry Ward Beecher was pastor of Brooklyn's Plymouth Church and for many the "representative man" of mid-nineteenth century America. Elizabeth Tilton was the wife of Beecher's longtime intimate friend Theodore. His accusation of "criminal conversation" between Henry and Elizabeth confronted the American public with entirely new dilemmas about religion and intimacy, privacy and publicity, reputation and celebrity. The scandal spotlighted a series of comic and tragic loves and betrayals among these three figures, with a supporting cast that included Victoria Woodhull, Susan B. Anthony, and Elizabeth Cady Stanton.
To readers at the time, the Beecher-Tilton Scandal was an irresistible mystery. Richard Fox puts his readers into that same reverberating story, while offering it as a timeless tale of love, deception, faith, and the confounding indeterminacy of truth. Trials of Intimacy revises our conception of nineteenth-century morals and passions. And it is an American history richly resonant with present-day dramas.
In this path-breaking history of manhood and masculinity, Angus McLaren examines how nineteenth- and twentieth-century western society created what we now take to be the traditional model of the heterosexual male.
"Inherently interesting. . . . Exhibitionism, pornography, and deception all have their place here."—Library Journal
"An appealing wealth of evidence of what trials can reveal about the boundaries of men's roles around the turn of the century."—Kirkus Reviews
"It is difficult to imagine a better guide to the most notorious scandals of our great-grandparents' day."—Graham Rosenstock, Lambda Book Report
In March 2009, in a small town in Malawi, a nurse at the local hospital was accused of teaching witchcraft to children. Amid swirling rumors, “Mrs. K.” tried to defend her reputation, but the community nevertheless grew increasingly hostile. The legal, social, and psychological trials that she endured in the struggle to clear her name left her life in shambles, and she died a few years later.
In The Trials of Mrs. K., Adam Ashforth studies this and similar stories of witchcraft that continue to circulate in Malawi. At the heart of the book is Ashforth’s desire to understand how claims to truth, the pursuit of justice, and demands for security work in contemporary Africa, where stories of witchcraft can be terrifying. Guiding us through the history of legal customs and their interactions with the court of public opinion, Ashforth asks challenging questions about responsibility, occult forces, and the imperfect but vital mechanisms of law. A beautifully written and provocative book, The Trials of Mrs. K. will be an essential text for understanding what justice means in a fragile and dangerous world.
In June 2009, Richard Goldstone was a global hero, honored by the MacArthur Foundation for its prize in international justice. Four months later, he was called a “quisling” and compared to some of the worst traitors in human history. Why? Because this champion of human rights and international law chose to apply his commitments to fairness and truth to his own community.
The Trials of Richard Goldstone tells the story of this extraordinary individual and the price he paid for his convictions. It describes how Goldstone, working as a judge in apartheid South Africa, helped to undermine this unjust system and later, at Nelson Mandela’s request, led a commission that investigated cases of racial violence and intimidation. It also considers the international renown he received as the chief United Nations prosecutor for war crimes committed in Rwanda and the former Yugoslavia, the first tribunals to try political and military leaders on charges of genocide. Finally, it explores how Goldstone became a controversial figure in the wake of the Jewish jurist’s powerful, but flawed, investigation of Israel for alleged war crimes in Gaza.
Richard Goldstone’s dramatic life story reveals that even in a world rife with prejudice, nationalism, and contempt for human rights, one courageous man can advance the cause of justice.
In 1843, the Louisiana Supreme Court heard the case of a slave named Sally Miller, who claimed to have been born a free white person in Germany. Sally, a very light-skinned slave girl working in a New Orleans caf, might not have known she had a case were it not for a woman who recognized her as Salom Muller, with whom she had emigrated from Germany over twenty years earlier. Sally decided to sue for her freedom, and was ultimately freed, despite strong evidence contrary to her claim.
In The Two Lives of Sally Miller, Carol Wilson explores this fascinating legal case and its reflection on broader questions about race, society, and law in the antebellum South. Why did a court system known for its extreme bias against African Americans help to free a woman who was believed by many to be a black slave? Wilson explains that while the notion of white enslavement was shocking, it was easier for society to acknowledge that possibility than the alternative-an African slave who deceived whites and triumphed over the system.
The dramatic struggle over the outcome of the 2000 presidential election presented judges with an extraordinary political challenge, as well as a historic political temptation. In The Votes That Counted Howard Gillman offers a comprehensive yet critical assessment of how well courts coped with the competing expectations for impartial justice and favorable partisan results.
Lively and authoritative, the book documents how the participants, the press, the academic community, and the public responded during these tension-filled thirty-six days. Gillman also provides a serious yet accessible overview of the legal strategies and debates-from briefs and oral arguments to final decisions. However, in explaining the behavior of courts, he moves beyond an analysis of law to also take into account the influences of partisanship, judicial ideology, and broader political and historical contexts.
Appropriately, Gillman pays special attention to the judges whose behavior generated the most controversy—the battling justices of the Florida and United States Supreme Courts. After carefully reviewing the arguments for and against their decisions, he concludes that the five justices behind the Bush v. Gore decision acted outside what should be considered the acceptable boundaries of judicial power. Gillman ends with an analysis of why they chose such an unprecedented course of action and an assessment of whether their partisan intervention will have any lasting effect on the Supreme Court's reputation and authority.
The American criminal justice system contains numerous safeguards to prevent the conviction of innocent persons. The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment.
The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic minorities in the criminal justice system; and the impact of new technologies, especially DNA evidence, in freeing the innocent and bringing the guilty to justice. The book also asks such questions as: What legal characteristics do wrongful convictions share? What are the mechanisms that defendants and their attorneys use to overturn wrongful convictions? The book also provides case studies that offer specific examples of what can and does go wrong in the criminal justice system.