検索キーワード： 司法制度

元最高裁判事の千葉勝美が、同性婚を認めない現行法の憲法適合性を論じる。同性婚を認めない制度を合憲とするのが現在の判例である。しかし、昨今国内で係属している裁判の一部で、憲法への抵触を宣言するものが出てきている。

裁判官も人の子。重い刑を言いわたす前には大いに迷うし、法と世間の常識のギャップに悩むこともある。頑なな被告人の心を揺さぶった言葉を厳選。

London, 1953. Police discover the bodies of three young women hidden in a wall at 10 Rillington Place, a dingy terrace house in Notting Hill. On searching the building, they find another body beneath the floorboards, then an array of human bones in the garden. But they have already investigated a double murder at 10 Rillington Place, three years ago, and the killer was hanged. Did they get the wrong man?

Will Johnnie Veal—convicted of the murder of two police officers in 1970—be granted parole after 50 years in prison? How can he convince the parole board he’s reformed when he insists he’s innocent? What is prison time even supposed to accomplish? These are the questions that propel The Parole Room forward as it builds toward Johnnie’s 20th parole hearing—after 19 rejections.

This is one of the true classics in world legal literature. Written by a master of law and language, it is a primary source book for anyone interested either in legal theory or political science. For the layman, it serves to clarify the very essence of the common law, the cornerstone of our present legal system.

"The Law" by Frédéric Bastiat is a seminal work in political philosophy and economics, offering a robust defense of individual liberty and property rights against the encroachments of government.

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.

This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies.

Constitutional fundamentalists read the Constitution selectively and self-servingly. Fundamentalist interpretations of the Constitution elevate certain constitutional rights above all others, benefit the most powerful members of society, and undermine the integrity of the document as a whole. The conservative fetish for the Second Amendment (enforced by groups such as the NRA) provides an obvious example of constitutional fundamentalism; the liberal fetish for the First Amendment (enforced by groups such as the ACLU) is less obvious but no less influential.

CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Recognizing that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state.

Conversations with RBG is a remarkable and unique audiobook, an informal portrait of Justice Ruth Bader Ginsburg, drawing on a series of her conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through.

An introductory lecture on jurisprudence (philosophy of law) delivered at the Faculty of Law, University of Alberta, Edmonton, Alberta on March 26, 1993.

Murderous mafia capos. The police officer who brutalized Abner Louima. A purveyor of child pornography. These are some of the defendants to have come before US District Court Judge Frederic Block to ask for reductions in their prison sentences. All of them have been found guilty and have already served decades in prison, but under the 2018 First Step Act they are entitled to petition for reconsideration and release. In a rare glimpse behind the bench, Judge Block recounts the cases of six incarcerated people who have done heinous things but have nevertheless petitioned him for their release.

Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights. Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries.  

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

The legal system was not designed for poor people. Yet, we ask citizens to use this system every day in spite of its shortcomings. If you have been sued or need to sue to seek legal redress, this book is for you. It will guide you through some of what to expect, and further explain why the system does not render justice every day.

As one of just a few judges licensed to try murder cases at the Old Bailey, the author has presided over many of the high-profile cases that all too often grab our attention in dramatic media headlines—for every unlawful death tells a story. But, unlike most of us, a judge doesn't get to turn the page and move on. Nor does the defendant, or the family of the victim, nor the many other people who populate the court room. Peeling apart six dramatic murder and manslaughter cases, Unlawful Killings removes this distinction between 'them' and 'us'.

Sound interesting? The author thinks so too! Listen to Care Court in California: 2nd Edition!

Barrister Charlotte Proudman has represented countless women in cases spanning rape, domestic abuse, child abduction, forced marriage and female genital mutilation. She has seen first-hand how the family court deepens the trauma of vulnerable women, staking their futures on the biases of individual judges and forcing them to endure the torture of a judicial process that stretches over months and sometimes years.