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Trial by Fire: A Devastating Tragedy, 100 Lives Lost, and a 15-Year Search for Truth
by Scott JamesIn only 90 seconds, a fire in the Station nightclub killed 100 people and injured hundreds more. It would take nearly 20 years to find out why—and who was really at fault. All it took for a hundred people to die during a show by the hair metal band Great White was a sudden burst from two giant sparklers that ignited the acoustical foam lining the Station nightclub. But who was at fault? And who would pay? This being Rhode Island, the two questions wouldn't necessarily have the same answer.Within 24 hours the governor of Rhode Island and the local police commissioner were calling for criminal charges, although the investigation had barely begun, no real evidence had been gathered, and many of the victims hadn't been identified. Though many parties could be held responsible, fingers pointed quickly at the two brothers who owned the club. But were they really to blame? Bestselling author and three-time Emmy Award-winning reporter Scott James investigates all the central figures, including the band's manager and lead singer, the fire inspector, the maker of the acoustical foam, as well as the brothers. Drawing on firsthand accounts, interviews with many involved, and court documents, James explores the rush to judgment about what happened that left the victims and their families, whose stories he also tells, desperate for justice.Trial By Fire is the heart-wrenching story of the fire's aftermath because while the fire, one of America's deadliest, lasted fewer than two minutes, the search for the truth would take twenty years.
Trial By Fire
by Nancy Taylor RosenbergThe labyrinth of the law, the dark secrets of the human heart, together with the forces of lust, greed, ambition, and power combine to give us a breathless page-turning thriller set in Texas.
Trial by Fire: One Man's Battle to End Corporate Greed and Save Lives
by Josh Young Alan Simpson Mike BurgIn the face of corporate bullies, one lawyer's passion and persistence paid off.Bullied as a Jewish kid in the hardscrabble neighborhoods of Chicago, Mike Burg had to learn how to fight at a young age. As an adult who started his own law firm from scratch that fire-and understanding of the underdog-still burns and makes him one of America's top trial lawyers fighting for consumers' rights.In Trial by Fire: One Man's Battle to End Corporate Greed and Save Lives, read about Burg's unwavering personal constitution to stand up for the weary, the weak, and the downtrodden at all costs. Follow the justice as he takes on a negligent gas company and wins not only financial settlement for victims but dramatic changes to a city's pipelines to save thousands of lives. Cheer him on as he leads hundreds of individuals against companies shilling drugs such as Fen-Phen, Yaz, Zyprexa, and Pradaxa. Empathize with him as he fights an eight-year battle against UBS Warburg for knowingly selling risky mortgages to investors before collecting compensation. Root him on as he files a sweeping action against 28 California wineries to force them to stop selling toxic wine contaminated with arsenic.Representing everyone from the Little Rascals to Ralph Tamm in the first NFL steroid case, Burg has lived a thousand lives. Trial by Fire shows that, like with every victory in the courtroom, he doubles down for the next adventure. Performing stand-up comedy alongside Roseanne Barr, golfing with Michael Jordan, and attending President George W. Bush's inauguration with President Bush's father, Burg has a story to tell.His undeniably explosive personality and inspiring tale-complete with theatrics, eccentricities, excitement, humor, and maybe just a hint of craziness-will make you laugh, leave you in disbelief, and, most of all, inspire you.
Trial by Jury: The Seventh Amendment and Anglo-American Special Juries
by James OldhamWhile the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution.Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of "special juries," such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.
Trial Evidence (Aspen Coursebook)
by Thomas A. Mauet Warren D. WolfsonWell-known and experienced authors, highly respected in the clinical field, Thomas A. Mauet and Warren D. Wolfson provide a complete review of the effective use of evidence in a trial setting. Trial Evidence, Seventh Edition is structured around the way judges and trial lawyers think about evidentiary rules, with particular focus on the Federal Rules of Evidence. Abundant real-life courtroom vignettes illustrate how evidentiary issues arise, both before and during a trial. Logical content organization follows the sequence of a trial: opening statement, direct examination, cross examination, and closing arguments. “Law and Practice” sections throughout the book are based on actual federal and state cases and bring decades of practical experience into the evidence classroom. The accessible style of Trial Evidence always focuses on practice over theory, on applying the statute rather than reading it.
Trial Evidence Foundations
by John Tarantino Gordon ClearyRemembering all the elements required to lay a proper foundation can be difficult. Take the simple admission of a letter. First you have to authenticate the document, then demonstrate that it complies with the best evidence rule if its terms are in issue, then show that it is not hearsay if you intend to use its contents. Trial Evidence Foundations is a handy courtroom guide that will keep you from overlooking any required foundational elements, and point out when your opponent has. Gordon P. Cleary and John A. Tarantino's book contains the rule, elements, tactics, and key cases for most foundations, including: Witnesses * Competency * Establishing credibility * Attacking credibility Authentication * Writings * Oral statements * Recordings * Real or physical evidence Hearsay * Admissions * Declarations * Records * Excited utterances Opinion * Lay witnesses * Experts Privileges * Waiver * Specific privileges Designed for use when time is short, the book is formatted for quick reference. Each foundation is tightly covered in three or four pages. 20 sturdy divider tabs, each printed with a foundation category and color-coded, quickly direct you to the correct page. The book is small enough to fit into a trial case and designed to be taken to the courtroom.
Trial in the Backwoods (A Raising the Bar Brief #3)
by Maggie WellsA small-town DA faces a deadly threat…And fatherhood. Thanks to the upcoming trial of a millionaire trafficking drugs and humans, Masters County district attorney Harrison Hayes finds himself the target of escalating attacks. So when the woman who once shared his bed blows back into town, claiming to be pregnant with his baby, Harry doesn&’t want her anywhere near a situation that&’s becoming deadlier by the day. But impending motherhood won&’t stop DEA special agent Alicia Simmons from springing into action. As the former lovers join forces, they confront danger from all sides—and an imminent threat that could take them both down…From Harlequin Intrigue: Seek thrills. Solve crimes. Justice served.Discover more action-packed stories in the Raising the Bar Brief series. All books are stand-alone with uplifting endings but were published in the following order: Book 1: An Absence of MotiveBook 2: For the DefenseBook 3: Trial in the Backwoods
Trial Objections
by R. Rogge Dunn Karen Hirschman Michael OropalloMost evidentiary rulings are within the judge's discretion, and are made in seconds. Bad rulings are rarely reversible. As a result, you need to bring all your admissibility ammunition to bear at the moment of objection. Rogge Dunn's Trial Objections increases your firepower with pattern objection language, explanatory comments, tactics for exclusion, arguments for admission, foundational elements, supporting authority, and practice tips for: * Voir dire * Opening statements * Documentary evidence * Demonstrative evidence * Hearsay evidence * Attorney misconduct * Examination of witnesses * Privileges * Closing arguments * And much more! Trial Objections explains when and how to make and meet objections more successfully. This quick-reference book covers the full range of objections, complete with more than 110 pattern objections, tactics, forms, suggested responses, necessary foundations, and hundreds of state and federal cases. It also includes a handy quick reference guide.
The Trial of a Nazi Doctor: Franz Lucas as Defendant, Opportunist, and Deceiver
by Andrew WiselyThe Trial of a Nazi Doctor examines the life of Franz Bernhard Lucas (1911-1994), an SS camp doctor with assignments in Auschwitz, Mauthausen, Stutthof, Ravensbrück, and Sachsenhausen. Covering his career during the Third Reich and then his prosecution after 1945, especially in the Frankfurt Auschwitz trial, Andrew Wisely explores the lies, obfuscations, misrepresentation, and confusions that Lucas himself created to deny, distract from or excuse his participation in the Nazi’s genocidal projects. By juxtaposing Lucas’s own testimonies and those of a wide range of witnesses: former camp inmates and Holocaust survivors; friends, colleagues, and relatives; and media observers, Wisely provides a nuanced study of witness testimonies and the moral identity of Holocaust perpetrators.
The Trial of Abigail Goodman
by Howard FastHoward Fast, one of America's truly masterful storytellers, turns the most widely debated issue of our day into a compulsively readable novel for our time. In the not-so-distant future, abortion is a crime punishable by death. This is the fascinating premise of best-selling novelist Howard Fast's powerful and provocative new novel, The Trial of Abigail Goodman, which depicts the harrowing legal battle one woman must wage when she exercises her right to choose. When Abigail Goodman, a forty-one-year-old wife, mother, and professor of Women's History at Hilden University, finds herself pregnant for a third time, she faces one of the most agonizing and important decisions she will ever have to make. With her two children grown and her newly rekindled career a success, Abigail chooses finally to terminate her pregnancy. A few weeks later, Abigail is arrested and indicted under a law that retroactively makes abortion a capital offense. In the trial that follows, Abigail finds herself fighting, not only for her right to choose, but for her very life. Filled with driving suspense and powerful emotion, The Trial of Abigail Goodman plays out with vivid and frightening realism one of the most important and controversial issues of our day. HOWARD FAST, who has published more than eighty books, has never shied away from controversy. During the McCarthy era he was one of many writers blacklisted for his beliefs. In addition to writing fiction and nonfiction, he is a columnist for the Greenwich Times and the Stamford Advocate.
The Trial of Adolf Hitler: The Beer Hall Putsch and the Rise of Nazi Germany
by David KingOn the evening of November 8, 1923, the thirty-four-year-old Adolf Hitler stormed into a beer hall in Munich, fired his pistol in the air, and proclaimed a revolution. Seventeen hours later, all that remained of his bold move was a trail of destruction. Hitler was on the run from the police. His career seemed to be over. The Trial of Adolf Hitler tells the true story of the monumental criminal proceeding that followed when Hitler and nine other suspects were charged with high treason. Reporters from as far away as Argentina and Australia flocked to Munich for the sensational four-week spectacle. By its end, Hitler would transform the fiasco of the beer hall putsch into a stunning victory for the fledgling Nazi Party. It was this trial that thrust Hitler into the limelight, provided him with an unprecedented stage for his demagoguery, and set him on his improbable path to power. Based on trial transcripts, police files, and many other new sources, including some five hundred documents recently discovered from the Landsberg Prison record office, The Trial of Adolf Hitler is a gripping true story of crime and punishment--and a haunting failure of justice with catastrophic consequences.
The Trial of Fallen Angels
by James KimmelWhen young attorney and mother Brek Cuttler finds herself covered in blood and standing on a deserted train platform, she has no memory of how she got there. For one very good reason. She's dead. But she doesn't believe it at first. Trapped between worlds, Brek struggles to get back to her husband and daughter until she receives a shocking revelation that makes her death no longer deniable: She's been chosen to join the elite group of lawyers who prosecute and defend souls at the Final Judgment. With each dramatic trial conducted in a harrowing courtroom of eternity, Brek discovers how the choices that she and others made during their lives have led her to this place. She realizes that if she's to break the chain, she must first face the terrible truth about her death. But before Brek can do that, she suddenly finds that she herself has been called to stand trial...and that her first client in the afterlife holds the secret to her fate.
The Trial Of Joan Of Arc
by Daniel HobbinsNo account is more critical to our understanding of Joan of Arc than the contemporary record of her trial in 1431. Convened at Rouen and directed by bishop Pierre Cauchon, the trial culminated in Joan's public execution for heresy. The trial record, which sometimes preserves Joan's very words, unveils her life, character, visions, and motives in fascinating detail. Here is one of our richest sources for the life of a medieval woman. This new translation, the first in fifty years, is based on the full record of the trial proceedings in Latin. Recent scholarship dates this text to the year of the trial itself, thereby lending it a greater claim to authority than had traditionally been assumed. Contemporary documents copied into the trial furnish a guide to political developments in Joan's careerâe"from her capture to the attempts to control public opinion following her execution. Daniel Hobbins sets the trial in its legal and historical context. In exploring Joan's place in fifteenth-century society, he suggests that her claims to divine revelation conformed to a recognizable profile of holy women in her culture, yet Joan broke this mold by embracing a military lifestyle. By combining the roles of visionary and of military leader, Joan astonished contemporaries and still fascinates us today. Obscured by the passing of centuries and distorted by the lens of modern cinema, the story of the historical Joan of Arc comes vividly to life once again.
The Trial of Julian Assange: A Story of Persecution
by Nils MelzerThe shocking story of the legal persecution of Wikileaks founder Julian Assange and the dangerous implications for the whistleblowers of the future.In July 2010, Wikileaks published Cablegate, one of the biggest leaks in the history of the US military, including evidence for war crimes and torture. In the aftermath Julian Assange, the founder and spokesman of Wikileaks, found himself at the center of a media storm, accused of hacking and later sexual assault. He spent the next seven years in asylum in the Ecuadorian embassy in London, fearful that he would be extradited to Sweden to face the accusations of assault and then sent to US. In 2019, Assange was handed over to the British police and, on the same day, the U.S. demanded his extradition. They threatened him with up to 175 years in prison for alleged espionage and computer fraud.At this point, Nils Melzer, UN Special Rapporteur on Torture, started his investigation into how the US and UK governments were working together to ensure a conviction. His findings are explosive, revealing that Assange has faced grave and systematic due process violations, judicial bias, collusion and manipulated evidence. He has been the victim of constant surveillance, defamation and threats. Melzer also gathered together consolidated medical evidence that proves that Assange has suffered prolonged psychological torture.Melzer&’s compelling investigation puts the UK and US state into the dock, showing how, through secrecy, impunity and, crucially, public indifference, unchecked power reveals a deeply undemocratic system. Furthermore, the Assange case sets a dangerous precedent: once telling the truth becomes a crime, censorship and tyranny will inevitably follow. The Trial of Julian Assange is told in three parts: the first explores Nils Melzer&’s own story about how he became involved in the case and why Assange&’s case falls under his mandate as the Special Rapporteur on Torture. The second section returns to 2010 when Wikileaks released the largest leak in the history of the U.S. military, exposing war crimes and corruption, and Nils makes the case that Swedish authorities manipulated charges against Assange to force his extradition to the US and publicly discredit him. In the third section, the author returns to 2019 and picks up the case as Ecuador kicks Assange out of the embassy and lays out the case as it currently stands, as well as the stakes involved for other potential whistleblowers trying to serve the public interest.
The Trial of Levi Weeks or the Manhattan Well Mystery: The Story of the First Recorded Murder Trial in U.S. History, New York, 1800
by Estelle Fox KliegerIn 1799, the murder of a young woman caused a terrific stir in the city of New York. The victim was Gulielma Sands who, on 22 December, left the boardinghouse where she lived, never to return. Her bruised body was found several days later in the Manhattan Well, a 20-minute carriage ride from her home. The accused was Levi Weeks, a fellow boarder who, Miss Sands had claimed, was to marry her the night she disappeared. Two of the attorneys for the defense were Aaron Burr and Alexander Hamilton, friends of Ezra Weeks, a prominent builder and brother of the accused. The citizens of New York raised an enormous hue and cry over the murder: the body was displayed in the streets before the trial; mobs shoved their way into the courtroom to see the famous lawyers at work and to get a glimpse of the accused; and -- when the verdict was read -- few felt that justice had been done. This book tells the story of the trial of Levi Weeks and includes the entire transcript of the first American murder trial ever recorded. It is at once a riveting retelling of a true crime in which the voices of early New Yorkers come to us freshly from over two centuries, and a riveting legal and social history of New York in the early years of the Republic.
The Trial Of Tempel Anneke: Records Of A Witchcraft Trial In Brunswick, Germany, 1663, Second Edition
by Peter Morton Barbara DahmsThe Trial of Tempel Anneke examines documents from an early modern European witchcraft trial with the pedagogical goal of allowing students to interact directly with primary sources. A brief historiographical essay has been added, along with eleven civic records, including regulations about sorcery, Tempel Anneke's marital agreement, and court salaries, which provide an even clearer picture of life in seventeenth-century Europe. Maps of Harxb ttel and the Holy Roman Empire and lists of key players enable easy reference.
The Trial of the Century
by Gregg JarrettA gripping and comprehensive history of the iconic attorney Clarence Darrow and the famous Scopes Monkey Trial, from the #1 New York Times bestselling author of The Russia Hoax and the &“superb&” (Sean Hannity) Witch Hunt.Nearly a century ago, famed liberal attorney Clarence Darrow defended schoolteacher John Scopes in a blockbuster legal proceeding that brought the attention of the entire country to the small town of Dayton, Tennessee. Darrow&’s seminal defense of freedom of speech helped form the legal bedrock on which our civil liberties depend today. Expertly researched, eye-opening, and stirring, The Trial of the Century calls upon our past to unite Americans in the defense of the free exchange of ideas, especially in this divided time.
The Trial of the Templars
by Malcolm BarberThe Templars fought against Islam in the crusader east for nearly two centuries. During that time the original small band grew into a formidable army, backed by an extensive network of preceptories in the Latin West. In October 1307, the members of this seemingly invulnerable and respected Order were arrested on the orders of Philip IV, King of France and charged with serious heresies, including the denial of Christ, homosexuality and idol worship. The ensuing proceedings lasted for almost five years and culminated in the suppression of the Order. The motivations of the participants and the long-term repercussions of the trial have been the subject of intense and unresolved controversy, which still has resonances in our own time. In this new edition of his classic account, Malcolm Barber discusses the trial in the context of new work on the crusades, heresy, the papacy and the French monarchy.
Trial Prep for Paralegals: Effective Case Management and Support to Attorneys in Preparation for Trial (Nita Ser.)
by Michael L. Coyne Amy DimitriadisCoyne and Furi-Perry have created the essential how-to guide for trial preparation. Paralegals will master every stage of litigation, from initial client interviews to pulling together the trial notebook. The book begins with overviews of the litigation process and the evidence rules. Practical skills for interviewing, handling discovery, preparing exhibits, and more are then introduced and explained with examples. Finally, the book stresses the importance of communication and working well with attorneys, clients, courts, and others.
Trial Preparation Tools
by Beth OsowskiCompeting cases and clients can keep you from bringing enough hours, analysis, and organization to readying your cases for trial. Beth D. Osowski's Trial Preparation Tools can help. Use its strategies, tips, forms, checklists, calendars, and idea lists to be better prepared and more efficient. You'll also find tips for effective discovery, picking juries, and proving facts. * Practical checklists: You receive dozens of countdown calendars and to-do checklists that will help you stay organized. * Idea triggers: From theme possibilities through initial opening phrases to sentences for concluding closings, the idea lists will help you brainstorm possibilities for your cases. * Voir dire aids: Learn juror characteristics with the book's voir dire questions and juror questionnaires. Record and analyze your results with her juror selection matrices. * Powerful openings: Sample themes, writing suggestions, and delivery tips help you start persuasively.
Trial Techniques And Trials (Aspen Coursebook Series)
by Thomas MauetBuy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. Trial Techniques and Trials unveils the strategies and thought processes that lawyers use in the courtroom as they present evidence and construct a persuasive argument. Tom Mauet’s clear writing and abundant examples explain and illustrate every step of the jury trial process. Comprehensive yet concise, the Tenth Edition provides authoritative coverage, from opening statements, to jury selection, direct-examination, cross-examination, exhibits, objections, and more. Trial Techniques and Trials, Tenth Edition, features: Integrated discussion of the strategy and psychology of persuasion—particularly regarding jury selection, opening statements, and closing arguments Numerous illustrations from tort cases, criminal cases, and commercial trials Broad and flexible use of examples that allows readers to focus on either the plaintiff’s or the defendant’s side of the case— or both. A logical organization that follows the chronology of a trial process Tear-away checklists for trial preparation and review Lectures on video of critical moments in a trial litigation, now on the companion website, in addition to a jury trial (on video) and a complete trial notebook (with forms)
Trial Techniques And Trials (Aspen Coursebook Series)
by Thomas A. Mauet Stephen D. EastonBy far the most thorough and detailed of the books in the field, Trial Techniques and Trials is a comprehensive yet concise handbook that covers all aspects of the trial process and provides excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more. Extensive examples are clustered into three groups: personal injury, commercial, and criminal for ease in finding particular areas of trial practice. Tom Mauet and Steve Easton, renowned for their skills both as writers and trial attorneys, break the trial process down into its critical components for better and quicker comprehension by students and practicing attorneys who have little or no trial experience. <p><p> New to the Eleventh Edition: <p>• Updates regarding recent amendments to the Federal Rules of Evidence <p>• Additional emphasis on presenting evidence and argument visually, not just orally, for modern juries <p>• Coverage of additional aspects of trial including site visits and foundation battles over emails and other electronic communications <p><p>Professors and students will benefit from: <p>• Integrated discussion of the strategy and psychology of persuasion particularly regarding jury selection, opening statements, and closing arguments <p>• Numerous illustrations from tort cases, criminal cases, and commercial trials <p>• Broad and flexible examples that allow readers to focus on either the plaintiffs or the defendants side of the caseor both <p>• Logical organization that follows the chronology of a trial process <p>• A companion website with additional examples, a trial notebook, and other tools for trial lawyers <p>• Video lectures about critical trial moments <p>• Video demonstrations of effective trial advocacy, including a complete jury trial
Trial & Tribulations (A\windy Ridge Legal Thriller Ser. #1)
by Rachel DylanA Windy Ridge Legal Thriller #1 High-powered attorney Olivia Murray faces the biggest test of her career when she is assigned to represent Astral Tech, a New Age tech company, in a lawsuit filed by its biggest competitor. While Olivia is accustomed to hard fights in the courtroom, she arrives in Windy Ridge and discovers there is much more to this case than the legal claims--forces of darkness are at work. Windy Ridge quickly turns from quiet Chicago suburb to spiritual battleground, and Olivia must rely on her faith to defend against legal and spiritual attacks. Although they are enemies in the courtroom, Olivia finds a friend and unlikely ally in opposing counsel, Grant Baxter. Once a skeptic about faith, he ultimately comes to her aid when she needs it most. The battle between evil forces heats up in and out of the courtroom, pushing Olivia to the breaking point. Will she be able to help good triumph over evil, or will the town of Windy Ridge be torn apart?
Trials for International Crimes in Asia
by Kirsten SellarsThe issue of international crimes is highly topical in Asia, with still-resonant claims against the Japanese for war crimes, and deep schisms resulting from crimes in Bangladesh, Cambodia, and East Timor. Over the years, the region has hosted a succession of tribunals, from those held in Manila, Singapore and Tokyo after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This book draws on extensive new research and offers the first comprehensive legal appraisal of the Asian trials. As well as the famous tribunals, it also considers lesser-known examples, such as the Dutch and Soviet trials of the Japanese, the Cambodian trial of the Khmer Rouge, and the Indonesian trials of their own military personnel. It focuses on their approach to the elements of international crimes, and their contribution to general theories of liability. In the process, this book challenges some orthodoxies about the development of international criminal law.
The Trials of Academe: The New Era of Campus Litigation
by Amy GajdaOnce upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Tenure decisions, grading curves, course content, and committee assignments were the stuff of faculty meetings, not lawsuits. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. Professors sue each other for defamation based on assertions in research articles or tenure review letters; students sue professors for breach of contract when an F prevents them from graduating; professors threaten to sue students for unfairly criticizing their teaching. Gajda’s lively account introduces the new duo driving the changes: the litigious academic who sees academic prerogative as a matter of legal entitlement and the skeptical judge who is increasingly willing to set aside decades of academic deference to pronounce campus rights and responsibilities. This turn to the courts is changing campus life, eroding traditional notions of academic autonomy and confidentiality, and encouraging courts to micromanage course content, admissions standards, exam policies, graduation requirements, and peer review. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.