Abstract
This is a book review of Anthony Lewis' book, "Gideon's Trumpet." The legal figures and details of this case are presented to the reader, who is taken through all of the different stages in order to understand the process involved this type of legal case. The book gives the reader insight into how legal verdicts are reached, including the process the judge must go through in order to reach a binding decision. It looks at an individual's right to counsel, how the courts can influence the formulation of state and federal laws and serves as a good resource for law students seeking to learn about the legal system in the United States.

From the Paper
"The book as a highly informational literary work to the ordinary reader sends that reader to a crash course in rules of court and how judges and justices reach verdicts. It tells him how a complaint moves from the first step to the middle and the last, how it is taken up or rejected. And because it talks about a true-to-life case of a convict who petitions the highest Court of the land for his own release and obtains that petition, the book is a call for courage and encouragement in the presence and supremacy of justice even among weak, erratic human beings in robes."

Tags:justice, society, legal, counsel, florida, court, supreme, petition, retrial, acquittal, fortas, abe, prison, law, state, federal, rules, judges, procedure, rules

Abstract
This paper explains that, in February of 1972, a dam built of coal waste refuse collapsed, unleashing a torrent of water and waste, sludge derived from coal-mining and coal-washing operations, killing 25 people and leaving the four thousand survivors homeless, their lives devastated, and their personal properties destroyed. The author recounts that Washington DC-based Arnold and Porter, for which Gerald Stern worked, took on the case; Stern's work as an advocate for disenfranchised minority citizens of the American Deep South made him an ideal and idealistic lawyer representing the survivors of the Buffalo Creek disaster. The paper relates the two main aspects to the Buffalo Creek Disaster lawsuit, which Stern won,: (1) The plaintiffs had to prove that Pittston was not simply careless or negligent, but was actually recklessly responsible for the disaster; and (2) Stern had to come up with monetary figures for his plaintiffs, assessing the damages due to them should the lawsuit be successful.

From the Paper
"Following the disaster, which occurred in a section of rural Logan County, West Virginia, the coal company blamed nature, calling the dam failure an "act of God." This vague term was meant to assuage the survivors of the disaster and ease the pain of losing their loved ones and friends. However, the collapse of a waste water dam was obviously no "act of God" and it became apparent that the only way to prevent the coal company from getting away with their gross negligence was to sue and sue big. Stern had hoped to file criminal as well as civil charges against Pittston, the New York corporation that owned the Buffalo Mining Company. Although the Buffalo Mining Company was itself the owner of the dam, Stern reasoned that it would be far simpler and more effective to directly sue Pittston. Part of this decision was based on what Pittston describes as "piercing the corporate veil.""

Tags:negligence, coal-mining, survivors, judgment, plaintiffs

Abstract
An examination into the history of U.S. constitutional law on the subject of racial segregation in public places and the different interpretations of the 14th Amendment (equal protection clause). The writer shows how this matter was clarified once and for all by the U.S. Supreme Court in the 1954 Brown vs. Topeka Board of Education when segregation was finally declared illegal in America.

From the Paper
"Once the Supreme Court decided that segregation definitely caused inequalities, it used the Constitution to prove that segregation was illegal. Warren admitted that the Fourteenth Amendment was vague and inconclusive, but also concluded that segregation defied the Fourteenth Amendment. Segregation in public schools did not provide equal opportunities, and students who were equally talented, but of different races, were being separated. The Chief Justice's famous closing statement summed up the reasoning used in the decision: "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal . . .. the plaintiffs . . . are . . . deprived of the equal protection of the laws guaranteed by the 14th Amendment". (Urofsky-1989)"

Tags:Plessey, Ferguson, Jim, Crow, legislation, Frederick, Vinson, Earl, Warren, Chief, Justice, legal, racism

Abstract
A look at how affirmative action is a necessary policy in college admissions because it promotes diversity on campus. This paper discusses how a diverse learning community is essential in order to create a well-rounded student. The University of Michigan Supreme Court lawsuits are used to emphasize the main points of this argument.

From the Paper
"Affirmative action, a policy introduced in 1965 by President Johnson, has always been a topic of heated debate. Initially created as a program to give reparations to minorities, especially blacks, for past discrimination, affirmative action is now seen in a slightly different light. These days, the goal of affirmative action is not so much about paying reparations as it is about promoting diversity. Racial, socioeconomic, and ethnic diversity are the basis in the argument for affirmative action, as they provide a richer, more varied, and real-world learning environment for students. Affirmative action, although controversial, is a necessary evil in our society as it is required in order to promote the integration of various ethnicities and races into the melting pot of American society. As the University of Michigan President Mary Sue Coleman stated, ?Our diversity is our strength." "

Tags:diversity, racism, court

Abstract
Jonathan Harr's "A Civil Action" recounts the story of the action taken by attorney Jan Schlichtmann against the W. R. Grace chemical company and Beatrice Foods on behalf of families in Woburn, Massachusetts. The children of these families had contracted leukemia, the suit claimed, from the ingestion of chemicals, dumped illegally by subsidiaries of the two giant corporations, that entered the wells that supplied a portion of the town. The paper discusses the details of this case, including the claimed bias of the ruling Judge Skinner, the difficulty the jury had in reaching a decision and the role of the Environmental Protection Agency in the case.

From the Paper
"Even had the case proceeded on equal terms for both parties, however, the problem of convincing a jury to make a considerable reward on the basis of an essentially "unprovable" connection between TCE and leukemia presented a major problem that carries over to many toxic waste cases. Epidemiological studies, which might provide sufficient evidence of connections to direct scientists' attention to problems, are under-utilized and poorly understood by many. Such studies constitute the bulk of the evidence in some cases, but they can be far too easily misrepresented by defendants which leaves plaintiffs such as the Woburn group at a loss for anything the courts and juries will accept as meeting a standard of proof--despite almost everyone's common-sense conviction that the cause and effect have been identified."

Tags:Jan, Schlichtmann, civil, litigation, EPA, Facher

Abstract
Martin Friedland, in his book "The Case of Valentine Shortis", describes the trial that led to a Quebec jury finding Shortis guilty of the murder of two men in the course of an attempted robbery. This paper revisits the trial from the perspective of a member of the jury and - based upon the author's point of view regarding the evidence - determines the question of guilt. This paper argues, on the basis of the evidence, that Shortis must be found guilty.

From the Paper
Martin Friedland, in his book The Case of Valentine Shortis, describes the trial that led to a Quebec jury finding Shortis guilty of the murder of two men in the course of an attempted robbery. This paper will revisit the trial from the perspective of a member of the jury and - based upon the author's point of view regarding the evidence - determine the question of guilt. This paper will argue, on the basis of the evidence, that Shortis must be found guilty.

Tags:canada, justice, trial

Abstract
This paper examines the debate over the subjectivity / objectivity of judicial decisions with some focus on the Australian High Court decision in Mabo and the predicament of the U.S. Supreme Court as a known activist court. The paper includes a diagram which explains the hierarchy of the judicial system.

Contents:
Announcing law: Judicial Interpretation
Mabo (No.2): The problem of negative activism
Pragmatism: an analogy to the U.S. Supreme Court
Bibliography

From the Paper
"The rule of law is axiomatic to modern liberalized democracies, on both a idealistic and utilitarian basis, undeniably vital to the stability of the judiciary . As a practical consideration it protects an individual's rights whilst forcing limitations on an institution's freedoms (including the executive government). As a philosophical touchstone of the judiciary, it enshrines some of the most intuitive and valued notions of justice and equality. Yet the concept of the rule of law, though much admired, is not infallible, at times frustrated (and even perverted) by competing legalist and normative interests."

Tags:activism, dworkin, positivism, subjective, subjectivity

From the Paper
"In 1968, the U.S. Supreme Court announced a new standard for police conduct in the landmark case of Terry v. Ohio. Chief Justice Warren, writing for the majority, held that police did not need "probable cause" to stop and frisk a citizen on the street. Instead, the Court imposed a lesser standard, called "reasonable suspicion." The Supreme Court has revisited this issue many times in the intervening three decades. This paper will examine those cases, and the extent to which the justices followed Terry in writing subsequent "stop and frisk" opinions.

The Terry decision created an exception to the law of arrest, which is rooted in the Fourth Amendment to the U.S. Constitution. The Fourth Amendment requires probable cause for a lawful arrest. If a court determines that the police lacked probable cause, the remedy is to invalidate the arrest and..."

Tags:supreme, court

From the Paper
"Police brutality has long been a topic of concern in American society. The police face a difficult and dangerous job in maintaining law and order on the streets. From time to time, deadly force is necessary in order to carry out that job. Nevertheless, most people agree that the use of deadly force must be controlled. Usually, an officer is expected to practice restraint so that the use of force is appropriate rather than excessive. The problems of excessive force made the national news on March 3, 1991, when a group of Los Angeles police were videotaped while beating a suspect. The suspect, Rodney King, was a black man who had given the police a high-speed chase before finally being stopped. Unbeknownst to the officers, a citizen videotaped the incident from a nearby home. The tape showed some of the officers repeatedly kicking King and beating ... "

Abstract
This paper uses a letter written by Martha Burk of the National Council of Women's Organizations to the private Augusta National Golf Club protesting that no women members are allowed in the club. This letter is the starting point for the author's argument that membership organizations can limit applicants on the basis of gender. The author counter argues that, if the objective of forcing the club to allow women members is supposed to improve the plight of working women in general, most of the arguments of Ms. Burk and her supporters appear to have little or no merit. This paper presents many arguments including that Augusta National has a clear legal right to exclude women from membership, citing the Supreme Court's case, "Boy Scouts of America v. Dale".

Table of Contents
Introduction
Martha Burk's Arguments
Counter Arguments
Position of Golfers
Arguments in Favor of Augusta National's Position
Conclusion

From the Paper
"Adding women members to the Augusta National membership list will not improve the pay and opportunities for women in this country. While the club is composed of wealthy, influential people, it is a miniscule portion of society. Unless one is at least a casual golf fan, the Masters, the Augusta National Golf Club and its policies mean little or nothing to the average person. Ms. Burk and her supporters have failed to show that allowing women to join the club will help a significant number of women. They have simply made the unsupported gratuitous statement that it will. Actually, Ms. Burk and her organization would probably have a greater impact on more people by focusing on integrating small-town clubs that exclude people on the same basis as Augusta National does. But, of course, there would be no media attention from doing that."

Tags:private, elitist, business, discrimination, constitution