In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.

The Death of the American Trial

Burns, Robert P.

Legal History

University of Chicago Press

In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.

The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the “Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish? With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.

Kafka's Law: "The Trial" and American Criminal Justice

Literature & Fiction

History & Criticism

A Theory of the Trial.

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law.
 Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

Rules & Procedures

Princeton University Press

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

“Retirement investing is a subject about which far too little is known—and far too much of what people think they know is dead wrong.” While most books on retirement finance use predatory tactics to push confusing investment regimens that put your irreplaceable nest egg at risk, The Perfect-Retirement Formula strips away confusion, guiding you toward a future that lives up to your long-ago daydreams of what retirement should look like. The Perfect-Retirement Formula unveils a remarkable investing platform that provides total principal protection—for life—as well as the tools for using that principal to generate income to meet each retiree's individual goals. A unique set of challenges faces the 77 million Baby Boomers now coming up on age 65, in addition to nearly 40 million Americans already living in retirement. With them in mind, author and noted retirement expert Robert P. Burns introduces a revolutionary program of "upside-only" investing that enables retirees to sleep at night...then get up in the morning and have a rewarding day. The line on the cover says it all: "Build a lifestyle income that you can't outlive." Touring the economic landscape with honesty, empathy and wit, Burns begins by exploring other highly touted investment programs and schemes. Using vivid real-world examples, the author debunks myths surrounding stocks, bonds, mutual funds, "diversification," variable annuities, and much more. He reveals the hidden fees that can easily erode a third or more of investor profits. Yes, this is a book of bruising realities, but it is also a bright shining beacon of hope. That's because in Part 2 the author shows investors how to achieve something they've been falsely conditioned to regard as impossible: absolute downside protection for your nest egg plus the ability to participate meaningfully in market run-ups. All while taking a satisfactory income and beating the tax man at his own game. The Perfect-Retirement Formula gives you room to catch your breath and relax for a moment as it instructs you on how to start with what you have and move forward...wherever you find yourself today. From there on you can indeed lock in profits and eliminate loss. Like the trusted handshake of a friend, this guide offers the support and encouragement you need to navigate the financial decisions you face, so you can enjoy a satisfying, personalized retirement.

The Perfect-Retirement Formula: Lock in profits. Eliminate loss.

Business & Money

Personal Finance

CreateSpace Independent Publishing Platform

Exercises and problems in professional responsibility

Reference

National Institute for Trial Advocacy

Intellex, an ambitious US video game company, comes into conflict with Cranbrooke, a traditional manufacturer of children’s games for the European market. Their dispute? The terms of a contract for Cranbrooke to license and manufacture Intellex’s newest virtual reality system. Cranbrooke claims that the new system is an improvement over the original system and therefore covered by the terms of the contract and that it has the exclusive right to distribute Intellex's virtual reality products in the European Union for at least five years. Intellex counters that the new system is no more an “improvement” than compact discs were merely an improvement on phonograph records and that Cranbrooke’s contract only provided a first right of refusal on innovative new products. At stake are distribution rights for the improved system throughout the European Union. 
The fourth edition of Cranbrooke is a substantial update over previous versions. The Cranbrooke offices have been moved to fictional Brittania to avoid any Brexit conflicts. Exhibits have been updated to reflect modern business practices, including text messaging. Expert witness reports have been updated to reflect more realistic pricing. And the game system in dispute has been modernized. 
This international contract case file provides the flexibility that you’ve been looking for. It comes in formats that can be used as a fact investigation file, a deposition file, or trial file on liability or damages or both. The Trial file contains all witness depositions and documents. The Deposition versions reflect the reality of deposition practice, when each party only has certain documents: the Plaintiff file contains materials only available to the plaintiff side to aid in prepping for depositions; the Defendant file contains materials only available to defendants; the Faculty file contains both the plaintiff and defendant material and is for instructor use. The plaintiff and defendant each have three witnesses, including accounting experts for each side.

Cranbrooke V. Intellex: Case File (Nita)

Lubet, Steven

Seckinger, James H.

Rushton, Terre

Baker, John T

Criminal Law

Aspen Publishing

Cranbrooke V. Intellex: Plaintiff's Materials (Nita)

Cranbrooke V. Intellex: Defendant's Materials (Nita)

See the best price to sell, buy, or rent books by Burns, Robert P.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Burns, Robert P.