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Dunkley J: Know Your Rights

Know Your Rights

Always plead the 5th but you must say it. Because justice is blind

"We all feel unfairness deeply when treated in rash ways. We expect and the law requires that government officials take fairness seriously, giving notice and an opportunity to be heard before taking our rights away. That is why the U.S. Constitution commands, twice, that no one shall be deprived of life, liberty, or property without due process of law. Yet in overheated debates, people argue that others do not deserve any presumption of innocence. In courtrooms and colleges, police stations and jails, restaurants and libraries, print and online, the democratic value of due process is up for grabs"--

Why Fairness Matters in a Polarized World

Defending Due Process

A riveting account of how the US criminal legal system punishes millions without conviction--asking us to rethink the freedoms we give up for the illusion of safety.Every encounter with the criminal legal system, from a traffic stop to a day in jail, carries a human cost. This cost rests on a fragile bargain at the heart of our democracy: we give the government power in exchange for protection. But how much of our liberty are we willing to surrender for the promise of safety? In Collateral Damage, attorneys Justin and Zach Brooks take readers on a devastating tour through the criminal legal system, exposing the real-life trade-offs of this false promise. Blending gripping personal stories with legal analysis, they trace the long arc of America's struggle between fear and freedom--from the Red Scare and Japanese American internment to the evolution of criminal procedure, civil forfeiture, and today's extrajudicial killings, offering pragmatic reforms along the way. The result is an eye-opening portrait of a system that punishes millions without ever sending them to prison and a powerful warning to rethink whether the balance we've struck truly reflects the values we claim to hold.

Sacrificing Liberty for Safety in Our Criminal Legal System

Collateral Damage

An influential legal scholar argues that the Supreme Court played a pivotal role in the rise of mass incarceration in America. With less than 5 percent of the world's population and almost a quarter of its prisoners, America indisputably has a mass incarceration problem. How did it happen? Tough-on-crime politics and the war on drugs are obvious and important culprits, but another factor has received little attention: the Supreme Court. Since the 1960s, the Court has repeatedly disregarded constitutional limits on the state's power to lock people away. Justice Abandoned highlights six decisions that made mass incarceration possible. These rulings have been crucial to the rise in pretrial detention and coercive plea bargaining. They have blessed disproportionate sentencing and overcrowded prisons. And they have sanctioned innumerable police stops and widespread racial discrimination. If the Court were committed to protecting constitutional rights, none of these cases would have been decided as they were. Rachel Barkow offers a roadmap for change, showing that the originalist methodology adopted by the majority of the current Court demands overturning the unconstitutional policies underlying mass incarceration. If the justices genuinely believe in upholding the Constitution, then they have little choice but to reverse the wrongly decided precedents that have failed so many Americans.

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

Justice Abandoned

A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch's textually enumerated powers. Every law student learns that the federal government is constrained to act only according to its enumerated powers, meaning that Congress can do what the Constitution expressly authorizes it to and nothing more. Yet Richard Primus contends that this longstanding orthodoxy--allegedly required by the text of the Constitution, the Framers' vision, and the logic of federalism--is fundamentally flawed. Through careful analysis of legal text and history, and of the structure of American federalism, The Oldest Constitutional Question argues for broad congressional authority. In particular, Primus shows that the primary function of enumeration is to rule listed powers in, not to rule other powers out. In practice, enumeration does little to limit Congress. But most constitutional lawyers--including many Supreme Court justices--think this means something has gone wrong, such that the courts must aggressively strike down federal laws. Primus's meticulous examination explodes the prevailing view. The constitutional system does place limits on Congress, and crucially so, but the enumeration of powers is not, and never has been, a sensible means for creating and enforcing those limits.

Enumeration and Federal Power

The Oldest Constitutional Question

Richard Primus challenges the prevailing view that Congress is constrained to exercise only those powers enumerated in the Constitution. Analyzing constitutional text and history, as well as the structure of US federalism, Primus shows that the primary function of enumeration is to rule the listed powers in, not to rule other powers out.

This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. 

 Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.

A collection of essays on politics and judicial power in Ireland, featuring contributions from scholars, judges and legal practitioners. -- .

Judges, Politics and the Irish Constitution

Political Science and International Studies (R0)

Georgios I. Zekos

Governance, Digital Economy and Society

Political, Economic and Legal Effects of Artificial Intelligence

<div>First published to mark the fifty-year anniversary of the Supreme Court decision Gideon v. Wainwright, which guaranteed the right to legal counsel for all criminal defendants, Chasing Gideon is "a hugely important book" (New York Law Journal) that gives us a visceral, unforgettable experience of our systemic failure to fulfill this basic constitutional right. Written in the tradition of Gideon's Trumpet, by the late Anthony Lewis, this is "a book of nightmares," as Leonard Pitts wrote in the Miami Herald, because it shows that the "'justice system' too often produces the opposite of what its name suggests, particularly for its most vulnerable constituents." 
 Following its publication, Chasing Gideon, which ACLU director Anthony Romero said "illustrates the scope and seriousness of the indigent defense crisis," became an integral part of a growing national conversation about how to reform indigent defense in America, coordinated with an HBO documentary and a website to promote the book and the movie. The effort spread news about Chasing Gideon directly to public defenders offices nationwide and drove a national conversation about what Eric Holder called the "shameful state of affairs" of indigent defense (in the Washington Post).</div>

The Elusive Quest for Poor People's Justice

Chasing Gideon

The author proposes and defends a constitutional amendment to require that laws of Congress be upheld unless the Supreme Court by unanimous vote decides that a particular law is unconstitutional. This will strengthen the people's right to be governed by majority rule, including in cases where rights are concerned.

The author proposes and defends a constitutional amendment to require that laws of Congress be upheld unless the Supreme Court by unanimous vote decides that a particular law is unconstitutional. This will strengthen the people’s right to be governed by majority rule, including in cases where rights are concerned.

Democratic Rule or Judicial Fiat?

Regulating Our Constitutional Rights

George Washington

Thomas Jefferson

Benjamin Franklin

James Madison

Declaration of Independence

Documentary and Reference Guides

This annotated document collection surveys the history and evolution of laws and attitudes regarding free speech and censorship in the United States, with a special emphasis on contemporary events and controversies related to the First Amendment.

The United States' collective understanding of First Amendment freedoms was formed by more than 200 years of tensions between the power of word and the power of the government. During that time, major laws and legal decisions defined the circumstances and degree to which personal expression could be rightfully expressed-and rightfully limited.

This struggle to define the parameters of free speech continues today. Vibrant and passionate debates about First Amendment limitations once inspired by the dissemination of birth control information now address such issues as kneeling during the national anthem, removing controversial books from public libraries, attempts by the Trump administration to discredit the press, and disseminating false or hateful information through social media platforms. By exploring diverse examples of censorship victories and triumphs of free expression, readers will better understand the enormous impact of First Amendment freedoms on American society.

A Documentary and Reference Guide

Free Speech and Censorship

Anthem Studies in Law Reform

This book tells the story of each Constitutional Amendment and the role that the Amendments have played in shaping the American experience. Based on solid research, it is written in an engaging style that is easy to comprehend and enjoyable to read.

27 and Counting, The Amendments that Shaped America’s Future

Perfecting the U.S. Constitution

Know Your Rights

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