Is There a Right to Remain Silent?

Is There a Right to Remain Silent?

Coercive Interrogation and the Fifth Amendment After 9/11

Alan M. Dershowitz

The right to remain silent, guaranteed by the famed Fifth Amendment case, Miranda v. Arizona, is perhaps one of the most easily recognized and oft-quoted constitutional rights in American culture. Yet despite its ubiquity, there is widespread misunderstanding about the right and the protections promised under the Fifth Amendment. In Is There a Right to Remain Silent? renowned legal scholar and bestselling author Alan Dershowitz reveals precisely why our Fifth Amendment rights matter and how they are being reshaped, limited, and in some cases revoked in the wake of 9/11. As security concerns have heightened, law enforcement has increasingly turned its attention from punishing to preventing crime. Dershowitz argues that recent Supreme Court decisions have opened the door to coercive interrogations--even when they amount to torture--if they are undertaken to prevent a crime, especially a terrorist attack, and so long as the fruits of such interrogations are not introduced into evidence at the criminal trial of the coerced person. In effect, the court has given a green light to all preventive interrogation methods. By deftly tracing the evolution of the Fifth Amendment from its inception in the Bill of Rights to the present day, where national security is the nation's first priority, Dershowitz puts forward a bold reinterpretation of the Fifth Amendment for the post-9/11 world. As the world we live in changes from a "deterrent state" to the heightened vigilance of today's "preventative state," our construction, he argues, must also change. We must develop a jurisprudence that will contain both substantive and procedural rules for all actions taken by government officials in order to prevent harmful conduct-including terrorism. Timely, provocative, and incisively written, Is There a Right to Remain Silent? presents an absorbing look at one of our most essential constitutional rights at one of the most critical moments in recent American history.

Just Revenge

Alan M. Dershowitz

One of the foremost courtroom lawyers of his generation. Alan M. Dershowitz takes controversial stands based on the principle of equal justice for all. Along the way, he has authored the #1 New York Times bestseller Chutzpah; the bestselling account of the Claus von Bulow case Reversal of Fortune; and the bestselling courtroom drama The Advocate's Devil. Now Dershowitz has written a novel that is at once personal, passionate, and towering: an explosive legal thriller that pits Dershowitz's literary alter ego, attorney Abe Ringel, against the worst crime of the twentieth century -- the Holocaust. What if you witnessed the most abominable deeds that human beings can inflict upon each other? What if you came face-to-face with the very man who had slaughtered your family before your eyes? That is the question confronted by a celebrated professor named Max Menuchen. Max has found the man who had killed his entire family in cold blood more than a half century before. Max, who has never before broken a law, cannot turn down his chance for revenge. In 1943 Marcellus Prandus was a Lithuanian militia captain who carried out the blood-thirsty orders of his Nazi commanders during World War II. Today he is an old man living outside Boston. For Max, who has discovered Prandus's identity by chance, killing him is not enough, because Prandus is already dying of cancer. How can Max make Prandus suffer exactly as Max himself did? Can Max bring himself to assassinate Prandus's children and grandchildren and make the old man watch his family die, as Max himself was forced to do? By the time defense attorney Abe Ringel enters the case, Max has carried out an astounding act of revenge, and America'sgreat Holocaust trial has begun: an explosive legal and moral struggle to find the light of justice within the darkness of human evil. With Max facing almost certain conviction, Ringel desperately tries to prove his actions we

Letters to a Young Lawyer

Alan M. Dershowitz

The author offers advice gleaned from his life as a lawyer and scholar to readers seeking fulfillment in their life's work by sharing anecdotes and opinions about ethics, morality, choosing mentors, and dealing with critics.

Taking the Stand

My Life in the Law

Alan M. Dershowitz

The esteemed Harvard lawyer describes his career and the cases that have changed American jurisprudence throughout the past half century, discussing his early academic struggles, his clerking work for Supreme Court Justice Arthur Goldberg, and his role in many prominent cases.

Rights from Wrongs

A Secular Theory of the Origins of Rights

Alan M. Dershowitz

This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are "natural"-if, in the words of the Declaration of Independence, it is "self-evident that all men are endowed . . . with certain inalienable rights"-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the "rights" of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.

Contrary to Popular Opinion

Alan M. Dershowitz

The bestselling author of Chutzpah is back with a controversial look at today's most volatile issues. Described as the most brilliant legal mind in America today, Dershowitz--portrayed in an Oscar-winning motion picture--presents an engaging discussion of anti-Semitism, free expression, state vs. individual rights, capital punishment, abortion, the "right to die" movement, and more.

Whitewashed

America’s Invisible Middle Eastern Minority

John Tehranian

Middle Easterners: Sometimes White, Sometimes Not - an article by John Tehranian The Middle Eastern question lies at the heart of the most pressing issues of our time: the war in Iraq and on terrorism, the growing tension between preservation of our national security and protection of our civil rights, and the debate over immigration, assimilation, and our national identity. Yet paradoxically, little attention is focused on our domestic Middle Eastern population and its place in American society. Unlike many other racial minorities in our country, Middle Eastern Americans have faced rising, rather than diminishing, degrees of discrimination over time; a fact highlighted by recent targeted immigration policies, racial profiling, a war on terrorism with a decided racialist bent, and growing rates of job discrimination and hate crime. Oddly enough, however, Middle Eastern Americans are not even considered a minority in official government data. Instead, they are deemed white by law. In Whitewashed, John Tehranian combines his own personal experiences as an Iranian American with an expert’s analysis of current events, legal trends, and critical theory to analyze this bizarre Catch-22 of Middle Eastern racial classification. He explains how American constructions of Middle Eastern racial identity have changed over the last two centuries, paying particular attention to the shift in perceptions of the Middle Easterner from friendly foreigner to enemy alien, a trend accelerated by the tragic events of 9/11. Focusing on the contemporary immigration debate, the war on terrorism, media portrayals of Middle Easterners, and the processes of creating racial stereotypes, Tehranian argues that, despite its many successes, the modern civil rights movement has not done enough to protect the liberties of Middle Eastern Americans. By following how concepts of whiteness have transformed over time, Whitewashed forces readers to rethink and question some of their most deeply held assumptions about race in American society.

Sweet Land of Liberty

The Forgotten Struggle for Civil Rights in the North

Thomas J. Sugrue

Sweet Land of Liberty is Thomas J. Sugrue’s epic account of the abiding quest for racial equality in states from Illinois to New York, and of how the intense northern struggle differed from and was inspired by the fight down South. Sugrue’s panoramic view sweeps from the 1920s to the present–more than eighty of the most decisive years in American history. He uncovers the forgotten stories of battles to open up lunch counters, beaches, and movie theaters in the North; the untold history of struggles against Jim Crow schools in northern towns; the dramatic story of racial conflict in northern cities and suburbs; and the long and tangled histories of integration and black power. Filled with unforgettable characters and riveting incidents, and making use of information and accounts both public and private, such as the writings of obscure African American journalists and the records of civil rights and black power groups, Sweet Land of Liberty creates an indelible history.

Preemption

A Knife That Cuts Both Ways

Alan M. Dershowitz

“A path-breaking must-read for government leaders, strategists, and all concerned Americans.”—General Wesley K. Clark In Preemption one of our nation’s foremost legal scholars puts forward a controversial new theory on crime and punishment in the postmodern world. Using the American government’s 2003 invasion of Iraq as a starting point, Alan M. Dershowitz tracks our society’s increasing reliance on preemptive action. In Preemption, which Judge Richard Posner of the U.S. Court of Appeals calls “lucid, sober, courageous, and historically informed,” Dershowitz has brought together all of his diverse and considerable talents and experiences to confront the idea of preemptive action as it applies to some of our most urgent political and moral dilemmas.

Brown v. Board of Education and the Civil Rights Movement

Michael J. Klarman

A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly

Color-Blind Justice

Albion Tourgée and the Quest for Racial Equality from the Civil War to Plessy V. Ferguson

Mark Elliott

A provocative and deftly written new biography of Albion Tourgee (1838-1905), the fascinating lawyer, statesman and writer who famously originated the concept of a 'colour-blind' approach to American racial politics and tirelessly advocated for racial equality, by a rising young historian.

On Liberty

John Stuart Mill

In powerful and persuasive prose, Mill asks and answers provocative questions relating to the boundaries of social authority and individual sovereignty. This new edition offers students of political science and philosophy, in an inexpensive volume, one of the most influential studies on the nature of individual liberty and its role in a democratic society.

Language and Law

Annabelle Mooney

What is legal language and where is it found? What does a forensic linguist do? How can linguistic skills help legal professionals? We are constantly surrounded by legal language, but sometimes it is almost impossible to understand. Providing extracts from real-life legal cases, this highly usable and accessible textbook brims with helpful examples and activities that will help you to navigate this area. Language and Law: - Introduces useful linguistic concepts and tools - Outlines the methods linguists employ to analyse legal language and language in legal situations - Includes topics on such as: written legal language; threats, warnings and speech act theory; courtroom interactions and the work linguists do to help solve crimes; physical and 'spoken' signs; and the creativity of legal language

The Oxford Handbook of Criminal Process

Darryl K. Brown, Jenia Iontcheva Turner, Bettina Weisser

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Doctrina et Usu in Business Law

Contributions to the 12th International Conference „Challenges of Business Law in the Third Millennium”, November 25, 2022, Bucharest

Tomáš Peráček, Fátima Castro MOREIRA

This volume contains the scientific papers presented at the Twelfth International Conference „Challenges of Business Law in the Third Millennium” that was held on 25 November 2022 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into three chapters: Business Interactions Specific to Public Law; Private Law and Business Law, an Essential Duo; Modern Developers of Business Law: International Law and European Union Law. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

International Criminal Procedure

Principles and Rules

Göran Sluiter, Håkan Friman, Suzannah Linton, Sergey Vasiliev, Salvatore Zappalà

International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

The Legal Observer, Digest, and Journal of Jurisprudence

Unknown author

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Republic of the Philippines Congressional Record

Senate

Philippines. Congress (1940-1973). Senate

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