How judges think / Richard A. Posner. Cambridge, Mass. : Harvard University Press, c2008.
K2300 .P67 2008. Annex.

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term.

The Magna Carta manifesto : liberties and commons for all / Peter Linebaugh. Berkeley : University of California Press, c2008.
JN147 .L56 2008. Annex.

This remarkable book shines a fierce light on the current state of liberty and shows how longstanding restraints against tyranny--and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture--are being abridged. In providing a sweeping history of Magna Carta, the source of these protections since 1215, this powerful book demonstrates how these ancient rights are repeatedly laid aside when the greed of privatization, the lust for power, and the ambition of empire seize a state. Peter Linebaugh draws on primary sources to construct a wholly original history of the Great Charter and its scarcely-known companion, the Charter of the Forest, which was created at the same time to protect the subsistence rights of the poor. Linebaugh points to this historic document as a means to redress the circumstances of today's victims of rampant globalization.

The lawyer myth : a defense of the American legal profession / Rennard Strickland and Frank T. Read. Athens, OH : Swallow Press/Ohio University Press, c2008.
KF298 .S775 2008. Annex.

Lawyers and the legal profession have become scapegoats for many of the problems of our age. In The Lawyer Myth: A Defense of the American Legal Profession, Rennard Strickland and Frank T. Read look behind current antilawyer media images to explore the historical role of lawyers as a balancing force in times of social, economic, and political change. One source of this disjunction of perception and reality, they find, is that American society has lost touch with the need for the lawyer’s skill and has come to blame unrelated social problems on the legal profession. This highly personal and impassioned book is their defense of lawyers and the rule of law in the United States. The Lawyer Myth confronts the hypocrisy of critics from both the right and the left who attempt to exploit popular misperceptions about lawyers and judges to further their own social and political agendas. By revealing the facts and reasoning behind the decisions in such cases as the infamous McDonald’s coffee spill, the authors provide a clear explanation of the operation of the law while addressing misconceptions about the number of lawsuits, runaway jury verdicts, and legal “technicalities” that turn criminals out on the street.

Defending humanity : when force is justified and why / George P. Fletcher and Jens David Ohlin. Oxford ; New York : Oxford University Press, 2008.
JZ6385 .F54 2008. Annex.

In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative new book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to
the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether.

Bleached faith : the tragic cost when religion is forced into the public square / Steven Goldberg. Stanford, California. : Stanford Law Books, c2008.
KF4783 .G65 2008. Annex.

Public recognition of religion has been a part of American political life from the beginning of our country, and that is not going to change. But in recent years, the effort by some to challenge the long held separation of church and state by imposing religion in the public sphere has caused more harm than good. Along the lines of other incredulous "neo-Enlightenment" books, Bleached Faith makes a forceful case that the gravest threat to real faith comes from those who would water down religion in order to win the dubious honor of forcing it into public buildings and classrooms. The freedom of religion we enjoy in the United States, both as a matter of law and practice, is extraordinary by any measure. However, when American courts allow the government to insert religious symbolism in public spaces, real religion is the loser. Goldberg argues that people on both sides of this debate should resist this corruption of religion. The book provides a survey of the legal and political environment in which battles over the public display of the Ten Commandments, the teaching of intelligent design in our schools, and the celebration of religious holidays take place.

Offences and defences : selected essays in the philosophy of criminal law / John Gardner. Oxford ; New York : Oxford University Press, 2007.
K5018 .G37 2007. Annex.

John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by academic lawyers and philosophers. This book collects together a thematic selection of his most widely read and widely cited pieces. Theoretical writings on criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. Although it discusses the legitimacy of criminal punishment it proceeds on the footing that the criminal law does many important things apart from punishing people. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished. John Gardner tackles persistent and troublesome questions about the philosophical foundations of criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be
complicit in another's wrongdoing? Should crimes ever be excused, and if so on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity?