The Federal Railway Land Subsidy Policy of Canada (Harvard Historical Monographs)

Book Description

Most historians have given only incidental attention to the railway land subsidy policy of the Dominion of Canada. In breaking comparatively new ground Mr. Hedges has therefore depended to a large extent upon manuscript sources in the archives of the Department of the Interior at Ottawa. He traces the various steps leading to the adoption of the Canadian policy and discusses in detail its development in connection with the administration of the subsidy to the Canadian Pacific. In his final chapter he sets forth the broad outlines of the methods the railways pursued in the administration and disposition of their lands.

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Judge Rothwax was a defense lawyer before becoming a New York trial judge 25 years ago, and now his nickname among defense lawyers is "the prince of darkness." He is known as one of the hardest judges on the bench, extremely unsympathetic to the accused. This book will reinforce his reputation. Rothwax is convinced that procedural scruples are causing appellate judges to release large numbers of dangerous criminals, and that this is threatening "the collapse of criminal justice." In this strident polemic he calls for a loosening of rules of evidence in favor of the prosecution, a limiting of a suspect's right to a lawyer during the investigative phase, a complete repudiation of the police Miranda warning, and technical changes to speed trials.

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Customer Reviews:

The Gripes of Rothwax.......2006-09-21

It is dishonest to claim that criminal justice has collapsed. This one-sided book should not be read by people who do not understand Rothwax's perverse criticisms. He is arguing against the Constitution and the Bill or Rights (p.234), and for features of the European Civil Law system (which derive from royal rule). There is no index in this book so you can't reference the many topics. In Chapter 11 Rothwax suggests "basic changes" to our Common Law system that subverts it. He says the Miranda ruling is unnecessary because of video tape. But isn't that the result of the Miranda decision? Speedy trials are required by the Bill of Rights. No "right to an attorney"? Shame on you, Rothwax! Logically and legally people are innocent until proven guilty; you can't prove innocence. Rothwax would change that to require a defendant to testify (p.237). Allow judges a "more active role" (p.238)? The experience of America has been to restrict judges, and make them elected, not chosen by political bosses. The reversals on "technical" grounds usually means some law was violated in the trial. Any trial which disregards law is not justice, which involves applying the laws. If the justice system is a search for the truth, why does Rothwax object to that? Something is wrong here. Maybe he needs a new career?

Rothwax claims our justice system was "relatively simple" in the past (p.24). F. Lee Bailey can explain about Dr. Sam Sheppard. The right to a speedy trial is to prevent mischief by the clique running the government (p.25). The "reliability of an identification" is to prevent wrongful conviction from unreliable eyewitnesses (p.26). Rothwax complains about suppressing evidence but admits it is impossible to establish clear rules to govern all future cases (p.49). Rothwax explains the Miranda decision as evolving from earlier cases (pp.76-77). Miranda requires objective facts, not opinions (p.82). Rothwax admits it was used against "unlawful police conduct" (p.86). The examples on pages 112-119 suggest political and personality conflicts in the judicial system.

Chapter 6 doesn't tell you that the Canon of Ethics requires a lawyer to use all lawful means to defend a client. This system of advocates developed from Trial by Combat in Medieval times. Plea bargaining greases the wheels of justice and provides more production of guilty defendants at a lower cost to the public. Rothwax doesn't mention the European Civil Law system here (Chapter 7). In Chapter 8 Rothwax argues for reciprocal discovery but admits the Fifth Amendment forbids this (p.179)! Do not be fooled by Rothwax's "Sealed Envelope Proposal" (p.184). It violates the Common Law (innocent until proven guilty). In Chapter 9 Rothwax again attacks the Fifth Amendment to force a defendant to testify (p.189)! Can an innocent person explain something they didn't do (p.191)? Ordinary people can't match a skilled lawyer. Rothwax's disdain for the Bill of Rights suggests philosophical subversion (p.196).

In Chapter 10 Rothwax criticizes the jury system (p.200). His opinion about a "too knowledgeable" juror can be another name for bias (pp.203-204). Or someone likely to be trapped in minor details? Rothwax wants to abolish peremptory challenges (p.205). Will that help a search for truth? Rothwax attacks the requirement of a unanimous jury verdict (p.213)! Wasn't this amount developed over the centuries as an optimal size? The complaint about "annotated" verdict sheets seems wrong-headed (p.217). Printing only "some of the statutory elements of the counts" is misleading to jurors. "Jurors have the power to ignore a judge's instructions and do whatever they please" (p.218)? Rothwax has a strange love of the Civil Law system (p.220) considering he has never lived under it! You should read Marshall Houts' book "King's X and the Common Law System ..." to be better educated than by this tabloid-style story about laws. The photographic angle for the back-cover picture tells something.

Amazing Book.......2005-06-02

I read the book "Guilty" by Judge Rothwax for a book report for my grade 11 high school law course. I began reading and soon found that I could not stop. This book is very interesting, and although I live in Canada, we have the same problems as the U.S Courts do.
Judge Rothwax points out many problems and solutions to each. He recognizes that the number of peremptory challenges, (rejecting prospective jurors without cause), should be reduced, and that the need for a consensus in the jury is leading to several unnecessary hung juries. People are making ludicrous decisions, and he uses the example of a woman who said the defendant was "too good looking" to commit the crime.
Furthermore, Rothwax argues that the Miranda rights and rights regarding search and seizure are causing the police several problems. For the Miranda rights, people are confessing to the police that they committed a crime, some as serious as First-Degree Murder, and they are let off the hook because an attorney was not present. As for the search and seizure rights, there are so many exceptions to the rule, that the police have a hard time keeping track of what they can and cannot do, as anyone would.
I would definitely recommend this book to anyone that is interested in the court system and how it works. It has definitely opened my eyes, showing me that something must be done. Rothwax is a brilliant author who gets his point across clearly, and I am certain that anyone reading this book will strongly agree.

Rothwax for the Supreme Court.......2005-04-11

I agree that Judge Rothwax is Supreme Court material. (see review below...) We need minds that can reason like this.

I believe this book should be required reading to graduate from high school. We need an informed citizenry. Although parts are a bit tough to get through, the incredible, true cases that are highlighted in this book are eye opening.

We live in a great country but recently it seems we are headed in the wrong direction. This book helps you understand what we are doing wrong. And the recommendations at the end of the book could start a "grass roots" movement to get us turned around and going in the right direction.

Don't hesitate to buy this for anyone who has an interest in how we can improve our legal system. We should all read it and send copies to our legislators.

And thanks to Judge Rothwax for informing us!

Our criminal justice system is in need of substantial reform.......2004-11-14

Here is a book from a judge that reviews some obvious problems with our criminal justice system. Some of these problems have been most obvious in high-profile cases, but that in no way means that the system is working for low-profile ones, as Rothwax shows.

Rothwax starts by making a very strong point. The main problem is that criminal justice rarely involves a search for the truth. It is all well and good to discuss police misconduct or various extenuating factors, but none of this is proper until you answer what ought to be the very first question: did the defendant commit the crime? If you get that answer right, you can try to make a just ruling. If you can't get that one right, that is a big problem.

And in some cases, the evidence of guilt is simply suppressed. How can that help us produce justice?

One very good recommendation that Rothwax makes is to have defendents come up with their side of the story in a sealed envelope. Defendants would not be required to do this: they'd need to do it only if they wanted to see the prosecution's case via pretrial discovery. As things stand, they change their stories to fit the prosecution case. As Rothwax says, they'll start with "I wasn't there!" And when the prosecution has a video to disprove that, they'll say "It was self-defence!" And when the prosecution proves that the victim had no weapon, they'll say "I was crazy!" Stories are concocted to fit the facts the prosecution has discovered. The Menendez and O. J. Simpson trials are dramatic examples of this.

Rothwax's point is simple: "truth must be the goal of any rational procedural system."

Next we get to laws about search and seizure. These are shown to be hopelessly confusing, particularly when it is vehicles that are being searched or seized. Rothwax says that we should get rid of the mandatory "exclusionary rule," and replace it by a reasonableness criterion, as is done in Germany, for example.

The Miranda rule is discussed after that. While it has been useful in some cases to avoid having people get browbeaten into confessing to crimes, it is sometimes wrongfully applied to voluntary confessions. Once again, the first question ought to be: did the defendant commit the crime? If we answer that one correctly, we can proceed from there. We may even let a guilty person go free because the police mistreated him, but it ought to be with the full legal knowledge that he committed the crime he was accused of. Rothwax points out that the effect of Miranda is to say to a defendant "I urge you not to confess." It helps make trials a kind of game in which any defendant always has a sporting chance to escape, and that is quite a ways from truth or justice.

Two more points that Rothwax makes include the fact that peremptory challenges of jurors should be disallowed (they tend to result in stacking the jury), and that juries should be told to regard the refusal of a defendant to testify to explain what would normally be considered evidence against him as indicating the truth of that evidence.

But perhaps the best point of all that the author makes is that juries simply are very poor determiners of truth.

Astonishing and Frightening.......2001-07-28

This book pulls no punches and contains no fancy words. Harold Rothwax tells it like it is....

When the criminal justice system fails, and the obviously and often admittedly guilty go free to wreak more havoc on innocent citizens, we should feel outraged... and I'd guess that we do, when we hear about it as we do infrequently. But the sympathy extended to the perpetrators of violent crimes is both misplaced and as wrong as the crimes themselves. Rothwax, a judge, sees these decisions made routinely, as he deals with their aftermath. He is outraged. He is beyond outraged.

He makes a compelling case for a modification in our criminal justice system. Criminal juries shouldn't need 100% agreement to deliver a verdict, which they already don't need in civil cases. One lone kook shouldn't hold up what's obvious to a clear majority. He suggests forgetting Miranda... if someone is screaming confessions, it's a CONFESSION. What a lot of effort, time, and money those confessions save! Getting criminals off on technicalities -- especially technicalities that lawyers search for painstakingly with the sole goal of getting their clients off -- is a perverse and morally reprehensible function of the court, and it should be inadmissable when the parties involved behaved with logic and discretion to the satisfaction of the court.

The cases that Rothwax cites, cases in which innocent adults and children suffered at the hands of a meticulous and ill-advised court, will break your heart and make you scream for justice.

Book Description

This digital document is an article from Trial, published by Association of Trial Lawyers of America on August 1, 1996. The length of the article is 709 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Guilty: The Collapse of Criminal Justice. (book reviews)
Author: Jerry H. Summers
Publication: Trial (Magazine/Journal)
Date: August 1, 1996
Publisher: Association of Trial Lawyers of America
Volume: 32 Issue: n8 Page: 65(1)

Article Type: Book Review

Distributed by Thomson Gale

Book Description

This digital document is an article from American Review of Canadian Studies, published by Association for Canadian Studies in the United States on March 22, 1998. The length of the article is 1937 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Fashioning farmers: ideology, agricultural knowledge, and the Manitoba Farm Movement, 1890-1925.
Publication: American Review of Canadian Studies (Refereed)
Date: March 22, 1998
Publisher: Association for Canadian Studies in the United States
Volume: 28 Issue: 1-2 Page: 185-9

Article Type: Book Review

Distributed by Thomson Gale

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Sole Proprietorship, 2nd Edition: Small Business Start-Up Kit (Small Business Made Simple)
Daniel Sitarz
Manufacturer: Nova Publishing Company
ProductGroup: Book
Binding: Paperback

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ASIN: 1892949083

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Everything that is needed to set up a small business sole proprietorship is contained in this valuable reference. State-by-State rules for sole proprietorship are included in the appendix.

Sole Proprietorship: Small Business Start-Up Kit (The Small Business Library) (The Small Business Library)

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Sole Proprietorship: Small Business Start-Up Kit (The Small Business Library) (The Small Business Library)
Daniel Sitarz
Manufacturer: Nova Publishing Company
ProductGroup: Book
Binding: Paperback

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ASIN: 0935755799

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Everything necessary to set up a small business sole proprietorship in any state.

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This book is the result of an international and interdisciplinary research project on the long process of marketization in Japan's social economy since World War II. Both during and after the Cold War, the United States has played an essential role in Japan's marketization, not only by providing stable conditions for growth but also by serving as a model for democratization and privatization of markets. The contributors to this volume, who include Mark Roe of Columbia University and Eric Feldman of New York University, describe the marketization of Japan's economy in such areas as government and corporate investment, health care and pensions, labor policy and securities markets. They point out how Japan has adapted and transformed the "pure market logic" of U.S. capitalism into forms more suited to Japan's history and traditions.

Japanese Economy and Society Under Pax-Americana

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Japanese Economy and Society Under Pax-Americana
Hiroshi (Edt)/ Shibuya, Hiroshi Shibuya
Manufacturer: Columbia Univ Pr 01/1//2002
ProductGroup: Book
Binding: Paperback
ASIN: B000N5VEP2

Customer Reviews:

Dangerous Stuff.......2001-09-06

This book is 8 years out of date. In working with this text I found that many of the names of the organizations listed had changed, all the listed phone numbers were invalid, and most of the addresses and zip codes had changed. Therefore the validity of the "work around" suggestions are suspect. You will end up using a different book, one more current, so you may as well start there rather than with this one.

New Credit File is Illegal!.......1999-08-27

The information that this book contains is very illegal. I should know... I owned a small mail order company and we sold a book with the exact same information as this one and the FBI is now in the process of sending me to prison simply because I sold this information.Don't Buy It - Don't Sell It, Trust me, write to me, ask me....This information destroyed my whole families life... Dont have the FBI come to your home and take away all that you have, then all that you will ever have. Don't Buy It - Don't Sell It - Please for the sake of your entire life.

great book has all the tricks of the trade.......1999-08-22

i recommend this book to every consumer who has had credit problems in the past . it is a must have piece of information if you plan on having a- 1 credit in the future

Informative and Easy to understand.......1999-08-21

This book is a great step by step guide thats easy to understand. It contains helpful sample letters as well as dispute methods for those who are not sure how to start on their journey to better credit.

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