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Bergeron P: The Jury's Out

The Jury's Out

The Fight to Save the American Legal System

A compelling story of scandal and reform at the highest levels of state government In the 1970s, justices on the Florida Supreme Court were popularly elected. But a number of scandals threatened to topple the court until public outrage led to profound reforms and fundamental changes in the way justices were seated. One justice abruptly retired after being filmed on a high-roller junket to Las Vegas. Two others tried to fix cases in lower courts on behalf of campaign supporters. A fourth destroyed evidence by shredding his copy of a document into "seventeen equal" strips of paper that he then flushed down a toilet. As the journalist who wrote most of the stories that exposed these events, Martin Dyckman played a key role in revealing the corruption, favoritism, and cronyism then rampant in the court. A Most Disorderly Court recounts this dark period in Florida politics, when stunning revelations regularly came to light. He also traces the reform efforts that ultimately led to a constitutional amendment providing for the appointment of all Florida's appellate judges, and emphasizes the absolute importance of confidential sources for journalists.

Scandal and Reform in the Florida Judiciary

A Most Disorderly Court

Get peace of mind about your future and your loved ones' security with Nolo's Guide to Estate Planning. It is the definitive resource for understanding wills, trusts, powers of attorney, and other important planning tools -- whether you need the basics or are ready to start drafting your plan. If you are an adult of any age who wants to plan for the future, you'll want this accessible, plain-English guide that provides what you need to know to take action today. With Nolo's Guide to Estate Planning, you'll learn about: <ul> <li>Making a will or trust (or both)</li> <li>How (and why) to avoid probate</li> <li>Reducing or eliminating estate taxes</li> <li>Planning for incapacity</li> <li>Making final arrangements that reflect your values</li> </ul> Use this book to determine the next steps for creating your estate plan. Even if you expect to hire a lawyer to draft your documents, knowing about wills, trusts, and estates beforehand will help you find a lawyer who is a good fit for your situation. Also, going to a lawyer with a solid understanding of estate planning will save you time and money because the lawyer won't have to spend billable time explaining the basics. Attorney Liza Hanks writes this book with decades of experience helping individuals and families make the best estate planning choices for themselves and their loved ones. She writes with clarity, compassion, and expertise to help you face the future with confidence.

Nolo's Guide to Estate Planning

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

A Community of Law and a Community of Judges

The European Judiciary

Does parole have a future? If it does, can we begin to imagine a different path? Is progressive penal reform possible, or has the time come to consider more radical alternatives in a context where there is little, if any, consensus on the underlying aims and techniques of contemporary prison release? What does this all mean for the prisoners, families, victims and publics upon whose confidence the parole system ultimately depends? This book brings together a world-leading panel of 27 experts who draw upon insights from law, sociology, criminology and political science to explore these pressing questions. At a time when many parole systems are experiencing considerable strain, the aims of this collection are twofold: first, to encourage systematic and critical reflection on the rationalities, institutions and practices of parole. Second, to think big, and pose ambitious 'what if' questions about the possible futures of parole and prison release. Offering novel insights from Asia, Australia, Europe, North America and South America, this collection builds the case for, and then showcases, a 'way of doing' parole research that is global in outlook, interdisciplinary in approach and unapologetically normative in character.

Rationalities, Institutions and Practices

Parole Futures

Rights and Responsibilities

Press Freedom, Access to Information, and Media Ethics in Africa

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word--penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-need--and quite colorful--social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Clashes with Copyright Law

Digitising Cultural Heritage

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

You don't need a lawyer when you know how to present a winning small claims case. Preparing for your day in court can make the difference between receiving a check and writing one. Everybody's Guide to Small Claims Court explains the steps necessary to successfully sue someone or defend a case in small claims court, including how to: <ul> <li>determine the case's value</li> <li>draft a demand letter</li> <li>negotiate a settlement</li> <li>file and serve papers</li> <li>present supporting evidence</li> <li>question witnesses, and</li> <li>collect money when you win.</li> </ul> This edition includes powerful negotiation strategies and bargaining tips that are not only used by lawyers and businesspeople to settle disagreements before trial, but that apply in other situations, such as when buying a car or negotiating employment and other contracts. You'll also find sample letters, legal forms, and links to other resources, including an online statute of limitations chart to help you determine when you must file a case.

Everybody's Guide to Small Claims Court

Drawing on the experience of recognised experts from across a range of different fields and jurisdictions, this landmark publication tackles default rules in private law in comparative perspective. Often underestimated, but highly influential, default rules are non-mandatory rules that kick in where nothing else has been agreed or provided. The contributions explore default rules from a variety of angles relevant to both scholarship and legal practice, including: - behavioural aspects and the role of platform terms in the digital age; - the remit and operation of defaults in different areas, ranging from contract and commercial law to succession, civil procedure and private international law; - a comparison between Common law and Civilian approaches as well as the EU level; - the perspectives of different 'players' engaged in the generation and application of default rules.

Default Rules in Private Law

The Jury's Out

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