Outlines the successes and failures of the movement to support survivors of violence The Victims’ Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants’ families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises “closure” to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on “victimhood.” He urges a reframing of the movement to fight for universal health care and limits on access to weapons—two policies that would reduce the number of victims and help those who do become victims of crime.
Often, members of the public become engaged (or enraged) when they read about Supreme Court decisions involving substantive rights, whether the case involves same sex marriage, the right of corporations to spend huge sums to support political candidates, or the right of citizens to own firearms. But members of the public, students, and even many lawyers are not likely to understand the impact of procedural decisions. This book focuses on a series of Supreme Court decisions and changes to the Federal Rules of Civil Procedure that demonstrate the current Court¿s erosion of rules allowing plaintiffs access to court. Many of those decisions unravel rules developed during the heyday of the Progressive Movement and the postwar era when courts favored expanding access to court. This book animates procedure by focusing on the Court¿s concerted effort to close the courthouse door. It covers a number of specific issues, including decisions and rules changes dealing with personal jurisdiction, pleading, discovery, summary judgment practice, and class actions. It explores the not-so-hidden bias in favor of defendants generally and corporate defendants specifically. It also briefly explores the impact that Justice Scalia¿s death may have on the future direction of the Court¿s war on procedure.
While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
This text will expose you to the many documents used in preparing for trial and appellate advocacy by providing a complete set of documents to supplement your persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. Case File II spotlights First Amendment and substantive tort issues that teach you how to argue legal and factual issues, extrapolate issues from the record, find evidentiary support for their position, and grapple with challenges of scope of review and harmless error. Practicing Persuasive Written and Oral Advocacy: Case File II demonstrates the link between the classroom and the courtroom: a simulated case, Coburn v. Martinez, is based on actual events and offers high human-interest valuedocuments are designed to achieve precise teaching objectives; they faithfully replicate reality, but improve upon itthe case file includes: a compliant, defensive motions with supporting and opposing declaration, depositions, and a detailed record-on-appeal transcriptexercises may contain one or more memoranda and oral arguments before the trial courts, as well as briefs and oral arguments before an appellate courts
This effective text offers in-depth and detailed coverage of appellate practice as well as trial court motions practice. Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, Second Edition, guides the reader through the process of preparing forceful arguments iquest; finding the law, organizing the presentation, writing clearly and persuasively, and planning for oral argument. the strengths of this classroom-tested text include: step-by-step guide to organizing, preparing, and presenting winning written and oral arguments detailed coverage of trial motion practice as well as appellate practice with an emphasis on the how important it is to consider of the judgeiquest;s time and perspective when preparing an argument liberal use of concrete examples based on a hypothetical case file throughout the book, along with extensive advice for editing accompanying Case File published each year -- designed to put in practice the principles advocated throughout the text, case files are sophisticated, realistic litigation problems and are designed to allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacheriquest;s Manual detailed Teacheriquest;s Manual, including lectures, sample exercises, and sample syllabi Updated and fine tuned, The Second Edition includes: recent developments, including electronic filing and video conference oral arguments a streamlined Chapter Six (Preparing for Oral Argument) making the presentation more student-friendly new sections on harmless error and changes to Rule 32 And The status of unpublished opinions updated chapter on research to include developments in electronic research New design enhances the accessibility of the text
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