This resource produces the first comprehensive history of the state’s federal courts from the inception of the Mississippi Territory to the late twentieth century. Using archival material and legal documents, David M. Hargrove untangles the state’s complex legal history, which includes slavery and secession, the Civil War and Reconstruction, Jim Crow and civil rights. In this important overview of the United States courts in Mississippi, Hargrove surveys the state’s federal judiciary as it rules on key issues in Mississippi’s past. He examines the court as it mediates conflict between regional and national agendas as well as protects constitutional rights of the state’s African American citizens during the Reconstruction and civil rights eras. Hargrove traces how political activities of the state’s federal judges affected public perceptions of an independent judiciary. Growing demands for federal judicial and law enforcement infrastructure, he notes, called for courthouses that remain iconic presences in the state’s largest cities. Hargrove presents detailed judicial biographies of judges who shaped Mississippi’s federal bench. Commissioned by the state’s federal judiciary to write the book, he offers balanced perspectives on jurists whose reputations have suffered in hindsight, while illuminating the achievements of those who have received little public recognition.
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Examines the history of the federal trial courts in Western Michigan and the Upper Peninsula. A Lincoln Legacy: The History of the U.S. District Court for the Western District of Michiganby David Gardner Chardavoyne with Hugh W. Brenneman, Jr. provides the first and only comprehensive examination of the history of the United States federal courts in the Western District of Michigan. The federal courts were established by the U.S. Constitution to adjudicate disputes involving federal laws, disputes between litigants from different states involving state and federal laws, and to punish violations of criminal laws passed by Congress. During the Civil War, Abraham Lincoln signed legislation creating two federal districts in the state of Michigan: the Eastern and Western Districts—the latter of which is headquartered in Grand Rapids and which now encompasses the western half of the Lower Peninsula and all of the Upper Peninsula. With the rapid expansion of legislation passed by Congress, the increasing mobility of society, and the growth of interstate commerce, the federal courts have assumed an important and sometimes dominant role in major litigation today. In A Lincoln Legacy, Chardavoyne tracks the history of these courts over eleven chapters, from their creation by the Northwest Ordinance of 1787 to 2020. He discusses the changes in society that drove the evolving federal litigation and some significant cases heard in the Western District. Additionally, fifteen appendices are included in the book, listing of all the federal circuit and district judges in the Western District; commissioners; magistrate judges and bankruptcy judges; U.S. Attorneys; clerks of the courts; and more. Chardavoyne also identifies auxiliary offices and organizations revolving around the federal court that play a major role in its activities (e.g., the U.S. Attorney’s Office, the Federal Public Defender’s Office, the Federal Bar Association, etc.). A Lincoln Legacyprovides a thorough examination of the history of the federal courts of Western Michigan. It will appeal to those learning and practicing law, as well as those with an interest in Michigan history.
Fourteen stories on people tormented by problems, many of their own making as a result of sexual escapades. In Divine Punishment, the protagonist is a minister whose amorous advances are rejected by his secretary, in Prologue he is an unfaithful husband.
A murder trial, a jury deliberating intensely on the death penalty, venal political corruption, and a staunch investigation set the stage for this story of two judges. One is a respected, seasoned veteran of the bench who has risen from Magistrate Court Judge to District Court and then to the Chief Justiceship of the state’s Supreme Court; the other a young Administrative Law Judge, riveted by his duty, immovable and undeterred by enticement or violence, and unwilling to be silenced or swerve him from his sworn oath to uphold the law. Set in the cities and courthouses, the mesas, mountains, and high desert plains of New Mexico, this book drives forward like a charging battle tank, and all these events lead to the prize of a vacant U.S. Senate seat and all the potency and might that goes with it.
In this book, I seek to prove from the Old Testament, New Testament, and some of the Apocrypha that the Law of Moses must still be kept for salvation and that any Christians who want to be saved must keep all of the commandments of the Law of Moses. To contact me, email me at onieu777@gmail.com
Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.
This article-by-article commentary sheds light on the UN Commission on International Trade Law (UNCITRAL) Rules which govern a wide range of arbitrations, including the Iran-US Claims Tribunal and NAFTA disputes. The new edition takes full account of the revised Rules adopted in 2010 and features many extracts from the most important case law.
The Federal Criminal Procedure Litigation Manual 2014 is designed to assist the litigator, judge, and student in understanding the application of the rules in situations that recur in federal criminal trials. The work is up to date reflecting the latest changes and amendments to the Federal Rules along with the latest and most significant cases. The Federal Criminal Procedure Litigation Manual provides a thorough, yet concise, analysis of the Federal Rules of Criminal Procedure. The manual sets out the official text of each rule, followed by a short commentary that focuses on the key issues for each rule. Numbered section headings facilitate quick reference to the pertinent commentary. "Practice Tips" are also included throughout the commentary. The manual provides balanced practice pointers, for both the prosecutor and the defense counsel. Following the commentary, the reader will find lists of additional references. Anyone who has practiced in federal court understands that while the rules of procedure are an important starting point, there are many federal statutes that may have an impact on the trial. Thus, the manual lists selected federal statutes following the commentary. The text also includes references to two leading treatises on the subject of the federal rules of criminal procedure, and where appropriate, to treatises on the federal rules of evidence. Finally, the authors have briefly noted selected leading federal cases that should provide a helpful starting point for further research. In the appendices, the reader will find a complete copy of the Federal Rules of Evidence and Federal Rules of Appellate Procedure.
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
A chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present. The United States District Court for the Eastern District of Michigan, the federal trial court based in Detroit with jurisdiction over the eastern half of Michigan, was created in 1837 and operated as recently as 1923 with a single trial judge. Yet by 2010, the court had fifteen district judges, a dozen senior U.S. district judges and U.S. magistrate judges, and conducts court year-round in five federal buildings throughout the eastern half of Michigan (in Detroit, Bay City, Flint, Port Huron, and Ann Arbor). In The United States District Court for the Eastern District of Michigan: People, Law, and Politics, author David Gardner Chardavoyne details not only the growth of the court but the stories of its judges and others who have served the court, litigants who brought their conflicting interests to the court for resolution, and the people of the district who have been affected by the court. In chronological order, Chardavoyne charts the history of the court, its judges, and its major cases in five parts: The Wilkins Years, 1837 to 1870; The Industrial Revolution and the Gilded Age, 1870 to 1900; Decades of Tumult, 1900 to 1945; The Era of Grand Expectations, 1946 to 1976; and A Major Metropolitan Court, 1977 to 2010. Along the way, Chardavoyne highlights many issues of national concern faced by the court, including cases dealing with fugitive slave laws, espionage and treason, civil rights, and freedom of speech. Chardavoyne also examines how conflicting interests—political, local, and personal—have influenced the resolution of a myriad of issues not directly related to the court’s cases, such as who becomes a federal judge, how many judges the court should have, in which cities and in which buildings the judges hold court, what kinds of cases the judges can and cannot hear, and the geographical boundaries of the district and of divisions within the district. This volume includes helpful appendixes that list the Eastern District of Michigan Court’s Chief Judges, Clerks, Magistrates and Magistrate Judges, and United States Marshals; along with the succession of judges, and a list of District and Circuit Court Case Filings, 1837–2010. Legal professionals and scholars will appreciate this thorough history.
Disputes over valuation issues fill the court's dockets and for good reason, fair market valuations are required frequently by the law. The authors believe that approximately 243 sections of the Code and several thousand references in the Regulations explicitly require fair market value determination. Consequently, taxpayers file an estimated 15 million tax returns each year reporting an event involving a valuation related issue. It is no mystery, therefore, why valuation cases are ubiquitous. Today, valuation is an important and highly sophisticated process. Valuators need legitimate guidance to perform their work. The objective of this book is to provide knowledge, and guidance to those who do the valuations as well as those who are affected by them. This unprecedented text provides: Clear guidance and perspective on business valuation from two of the nation’s top authorities, Hon. David Laro and Dr Shannon Pratt. Insightful perspective and discussion on critical issues, procedures and law pertaining to business valuation. An overview of business valuation procedures Law and techniques of Fair Market Value Opinion from the Hon. David Laro and Dr. Shannon Pratt who express their unique and critical views. The business valuer with everything from the basics to the sophisticated. From definitions to valuing complex business interests, what you need to know about business valuation. Everything from empirical market evidence to credible expert business valuation testimony discussed and analyzed by the Hon. David Laro and Dr. Shannon Pratt.
With this comprehensive study, written in lay language, David Fellman provides an up-to-date analysis of the rights of the accused, certain to be welcomed by political scientists, students of public law, and all with an interest in due process of law. Since Fellman's 1958 book, The Defendant's Rights, substantial changes in the criminal justice system have occured. The past few decades before the publication of The Defendant's Rights Today have been witness to a striking expansion of the central concept of due process of law as it relates to criminal justice. The subject of defendants' rights is broad and complex. Fellman here explores its underlying concepts, bringing together a comprehensive discussion of the effects of the criminal justice system on the accused from arrest, through trial, to post-conviction remedies.
Blasphemy is the battleground where religious and secular worlds come into conflict. It has a history which reaches into issues of religious belief, freedom of expression, and is bound up with the growth and development of new media. This title draws together a variety of primary sources relating to blasphemy from the Enlightenment onwards.
Assisting students of the English legal system to achieve an understanding of the law, it's institutions and processes, this edition sets the law and legal system in its social context and outlines a range of critical views.
• Practical advice on Army leadership and command • Fully updated with the latest information for officers of all ranks, branches, and components • Uniforms and insignia, duties and responsibilities, privileges and restrictions, courtesy and customs, posts and organizations, regulations and references • Color images of medals and badges
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