Lawyers often play pivotal roles in building democracies. PamelaJordan’s engaging study of the Russian bar (advokatura) providesa richly textured portrait of how, after the USSR’s collapse,practising lawyers called advocates began to assume new, self-definedroles as contributors to legal reform and defenders of rights inRussia.
Using the historical institutionalism approach as her analyticalframework and drawing from comparative literature on legal professions,Jordan argues that the post-Soviet advokatura as an institution gainedmore, although not complete, autonomy from the state as it struggled toredefine itself as a profession. Advocates formed new bar associationsand law offices and now have a broader range of ways to defendclients’ rights than they did during the Soviet era. Jordansuggests that advocates’ work is supporting the growth of civilsociety and the strengthening of human rights in Russia.
Jordan concludes that, in a measured way, advocates redistributedsocial and political power by means of their role as intermediaryactors between state and societal forces. However, she also warns thatsuch gains could be reversed if the Putin regime continues to flout dueprocess rights.
Описание: Provides a survey of the history and background of Lochner versus New York. This title argues that the decision was well grounded in precedent - and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents.
Описание: The history of the black lawyer in South Carolina, writes W. Lewis Burke, is one of the most significant untold stories of the long and troubled struggle for equal rights in the state. Beginning in Reconstruction and continuing to the modern civil rights era, 168 black lawyers were admitted to the South Carolina bar. All for Civil Rights is the first book-length study devoted to those lawyers’ struggles and achievements in the state that had the largest black population in the country, by percentage, until 1930—and that was a majority black state through 1920.Examining court processes, trials, and life stories of the lawyers, Burke offers a comprehensive analysis of black lawyers’ engagement with the legal system. Some of that study is set in the courts and legislative halls, for the South Carolina bar once had the highest percentage of black lawyers of any southern state, and South Carolina was one of only two states to ever have a black majority legislature. However, Burke also tells who these lawyers were (some were former slaves, while others had backgrounds in the church, the military, or journalism); where they came from (nonnatives came from as close as Georgia and as far away as Barbados); and how they were educated, largely through apprenticeship.Burke argues forcefully that from the earliest days after the Civil War to the heyday of the modern civil rights movement, the story of the black lawyer in South Carolina is the story of the civil rights lawyer in the Deep South. Although All for Civil Rights focuses specifically on South Carolinians, its argument about the legal shift in black personhood from the slave era to the 1960s resonates throughout the South.
Описание: Free speech and freedom of the press were often suppressed amid the social turbulence of the Progressive Era and World War I. As muckrakers, feminists, pacifists, anarchists, socialists, and communists were arrested or censored for their outspoken views, many of them turned to a Manhattan lawyer named Gilbert Roe to keep them in business and out of jail.
Roe was the principal trial lawyer of the Free Speech League—a precursor of the American Civil Liberties Union. His cases involved such activists as Emma Goldman, Lincoln Steffens, Margaret Sanger, Max Eastman, Upton Sinclair, John Reed, and Eugene Debs, as well as the socialist magazine The Masses and the New York City Teachers Union. A friend of Wisconsin's progressive senator Robert La Follette since their law partnership as young men, Roe defended "Fighting Bob" when the Senate tried to expel him for opposing America's entry into World War I.
In articulating and upholding Americans' fundamental right to free expression against charges of obscenity, libel, espionage, sedition, or conspiracy during turbulent times, Roe was rarely successful in the courts. But his battles illuminate the evolution of free speech doctrine and practice in an era when it was under heavy assault. His greatest victory, including the 1917 decision by Judge Learned Hand in The Masses Publishing Co. v. Patten, is still influential today.
Автор: Gans-Morse Название: Property Rights in Post-Soviet Russia ISBN: 1107153964 ISBN-13(EAN): 9781107153967 Издательство: Cambridge Academ Рейтинг: Цена: 12355.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rule of law depends not just on the state`s creation of effective legal institutions, but also on firms` and individuals` willingness to use law - rather than violence or corruption - to resolve disputes. Yet as this book demonstrates in its scrutiny of post-Soviet Russia, the crucial importance of private sector `demand` for law is often overlooked.
Автор: Gans-morse, Jordan (northwestern University, Illinois) Название: Property rights in post-soviet russia ISBN: 1316607844 ISBN-13(EAN): 9781316607848 Издательство: Cambridge Academ Рейтинг: Цена: 4435.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Rule of law depends not just on the state`s creation of effective legal institutions, but also on firms` and individuals` willingness to use law - rather than violence or corruption - to resolve disputes. Yet as this book demonstrates in its scrutiny of post-Soviet Russia, the crucial importance of private sector `demand` for law is often overlooked.
Автор: Michael Meltsner, Stephen Saltonstall Название: Renegade for Justice: Defending the Defenseless in an Outlaw World ISBN: 0700633677 ISBN-13(EAN): 9780700633678 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 3761.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: “This is a book of courtroom war stories, drawn from my forty years of experience as an obscure lawyer for the underdog and the downtrodden.” So begins Renegade for Justice, a memoir of a public interest lawyer driven by the cause of justice. While the stories Stephen Saltonstall tells are entertaining, they are also instructive, providing, as he says, “an insider look at the American justice system, which is rigged against the poor and people of color and tolerates police perjury.”Renegade for Justice begins by telling the story of how and why a privileged kid from Cambridge, Massachusetts, broke from family tradition and devoted his professional life to defending the defenseless in a justice system that is crippled by systemic injustice. Activist lawyer Stephen Saltonstall brings readers into the world of criminal defense by recounting narratives of his cases, including a successful attack on a Massachusetts death penalty statute, appeals of two notorious homicide cases (a serial murderer and a cop-killer), an effort to save the life of a little boy whose parents refused to give him the medical treatment he needed for acute lymphocytic leukemia, free speech cases for students and an environmentalist carpenter, litigation to save critical black bear and neotropical migratory songbird habitat from US Forest Service clear-cutting, and more. In a system biased against the public interest and the underprivileged, Saltonstall gives people a model for practicing values-based law.Channeling the spirit of radicals like William Kunstler, Saltonstall writes not only for activists who want to better understand our society, but also for those thinking about becoming a lawyer. As he writes in the preface, “I hope my stories will challenge those of you—you know who you are, you who dream of soft landings in the glittering halls of boring, soul-free law firms doing the bidding of the uber-rich and powerful—to visualize the alternative, a career that’s built on cases and causes that further the public interest, human rights, and care of the natural world.
Описание: As protest movements took to the streets during the 1960s and 1970s, a group of lawyers joined forces with America's most confrontational activists. In pursuit of radical change themselves, these militant attorneys went beyond providing mere representation. They identified with their clients, defied the habits of a conservative profession, and formulated a corrosive critique of the legal system, questioning the neutrality and transformative power of law. While exploiting the courtrooms as political forums, they developed aggressive litigation strategies and became involved with the organization of protest. Drawing on extensive archival research and interviews, historian Luca Falciola reconstructs this largely unmapped phenomenon and challenges the reader to think anew about the pivotal role of lawyers in social movements.
At the heart of this book is the story is the National Lawyers Guild. Founded in 1937, the Guild represented the first integrated and progressive bar association of America. The Guild returned to prominence in the early 1960s, at the vanguard providing legal aid to civil rights workers in the South. Since then, leftist students, disobedient soldiers, rebellious inmates, radical minorities, and revolutionary groups such as the Black Panther Party and the Weather Underground have relied on this cadre of sympathetic lawyers to defend and empower them.
Описание: This study traces the development of the Soviet Bar through periods of legal nihilism and legal revival to its final integration into the Soviet order at the end of the 1930s--a story of uncertainty and conflict in the Bolshevik ranks over the role of the lawyer under socialism and one of resistance to Soviet power by a profession jealous of its ow
Описание: As protest movements took to the streets during the 1960s and 1970s, a group of lawyers joined forces with America's most confrontational activists. In pursuit of radical change themselves, these militant attorneys went beyond providing mere representation. They identified with their clients, defied the habits of a conservative profession, and formulated a corrosive critique of the legal system, questioning the neutrality and transformative power of law. While exploiting the courtrooms as political forums, they developed aggressive litigation strategies and became involved with the organization of protest. Drawing on extensive archival research and interviews, historian Luca Falciola reconstructs this largely unmapped phenomenon and challenges the reader to think anew about the pivotal role of lawyers in social movements.
At the heart of this book is the story is the National Lawyers Guild. Founded in 1937, the Guild represented the first integrated and progressive bar association of America. The Guild returned to prominence in the early 1960s, at the vanguard providing legal aid to civil rights workers in the South. Since then, leftist students, disobedient soldiers, rebellious inmates, radical minorities, and revolutionary groups such as the Black Panther Party and the Weather Underground have relied on this cadre of sympathetic lawyers to defend and empower them.
Описание: A critical evaluation of the latest reform in Chinese law that engages the Chinese legal scholars and Chinese legal historians. Providing a unique insight into the development of Chinese legal reform, this book will appeal to readers interested in Chinese law and policy, Asian studies, and Chinese legal history.
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