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Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All

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How four Supreme Court cases in recent years―all argued and won by one indomitable lawyer―are central to the pursuit of equal justice in America. Tracing the remarkable career of renowned lawyer Stephen Bright, Robert L. Tsai explores the legal ideas that were central to the pursuit of equal justice in the early decades of mass incarceration. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to people under death sentences. He argued four capital cases before the US Supreme Court―and won each one. With each victory, he brought to light how the law itself had become corrupted by the country’s thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, and the shameful quality of legal representation for the poor. Organized around these four major Supreme Court cases, Demand the Impossible is an inspiring work of legal scholarship that reveals how seemingly small victories can go on to have outsized effects, and the incredible advancements one exceptional lawyer made for equal rights.

“Tsai’s book makes an excellent complement to Bryan Stevenson’s Just Mercy. Provocative, necessary reading.” — Kirkus Reviews

"An inspiring account of one of our nation’s greatest lawyers, an advocate who has prioritized the poor, the vulnerable, and the condemned over money, fame, and the privileged. Stephen Bright is a rare legal champion for justice. This book reveals much about this extraordinary man and the critically important human rights he has passionately defended." — Bryan Stevenson, best-selling author of Just Mercy

"As Tsai’s latest deeply moving and sobering book makes so clear, this nation’s moral arc can indeed bend toward justice, but only when we are unfailing in our conviction that it can, and are unflinching in our insistence that it does." — Heather Ann Thompson, Pulitzer Prize–winning author of Blood in the Water

"Beautifully written. At a time when heroes and inspirational figures are in short supply, Tsai provides a compelling account of how Stephen Bright fought for justice." — Erwin Chemerinsky, dean of UC Berkeley School of Law and author of We the People

"Riveting. This behind-the-scenes thriller brings to life stories of against-the-odds legal triumphs in cases of life or death. These victories shed light on the gross injustices and systemic racism that still infect our legal system. A must-read for everyone who cares about ensuring justice." — Carol S. Steiker, Henry J. Friendly Professor of Law at Harvard Law School and coauthor of Courting Death

240 pages, Hardcover

Published March 12, 2024

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About the author

Robert L. Tsai

5 books6 followers
Robert L. Tsai is Professor of Law & Harry Elwood Warren Scholar at Boston University. He has been awarded a '24-'25 Laurance S. Rockefeller Fellowship at Princeton's University Center for Human Values. Tsai is the author of four books: Demand the Impossible, Practical Equality, America’s Forgotten Constitutions, and Eloquence and Reason. Bryan Stevenson, best-selling author of Just Mercy, calls Tsai's latest book, Demand the Impossible, "an inspiring account of one of our nation's greatest lawyers ... who has prioritized the poor, the vulnerable, and condemned." Pulitzer Prize-winning historian Heather Ann Thompson calls the book "deeply moving and sobering." Kirkus declares Demand the Impossible "an excellent complement to Bryan Stevenson’s Just Mercy" and "provocative, necessary reading."

Tsai's essays on law, politics, and history have appeared in New York Review of Books, Politico, Washington Post, Boston Globe, Los Angeles Review of Books, Boston Review, and Slate. Tsai has appeared on Meet the Press, Morning Joe, and NPR. He splits his time between Boston and Washington, D.C.

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Displaying 1 - 6 of 6 reviews
Profile Image for Lisa Davidson.
1,325 reviews38 followers
January 19, 2024
This is a pretty academic book that is overall easy to follow. The legal system isn't perfect, but this book brings a glaring light to some glaringly wrong things. For instance, one of the most important rights of legal defendants is the right to an attorney, and capital cases need attorney assistance more than others. However, this book shows how people were denied the right to competent attorneys because the state was trying to save money. Racial bias in juries is also addressed, something which can be so easily hidden and was only proven after diligent attorneys proved that the pattern was ongoing for many years.
There are some solutions at the end, but real solutions would take a lot of work by everyone in the system. People need to call each other out and governments need to make sure that the resources are there to provide constitutionally protected rights. Change must be systemwide.
Thanks to NetGalley for letting me read this
Profile Image for Ashley.
3 reviews
November 19, 2024
Great book and a must-read for aspiring public interest lawyers.
Profile Image for Tracey.
329 reviews15 followers
March 30, 2024
Thank you to Netgalley and W. W. Norton for a digital ARC of this book

This was an excellent book. It highlights some court cases brought to the Supreme Court by Stephen Bright.

The book assumes some familiarity with the US justice system. I think most US residents will have enough base knowledge to understand this book, but those completely new to the US system may have difficulty with some parts.

This book covers Bright's nearly four decade career, arguing capital cases on behalf of the poor and those with mental disabilities. It's split into four parts, each covering a different death penalty case through each phase, starting in state courts and working their way up to the Supreme Court. One case was marred by misconduct of the prosecution and the exclusion of black jurors. Another focused on the lack of evaluations done to determine if those suffering from intellectual and mental disabilities were adequately able to assist in their own defense. One focused on the abyssal quality of the defense lawyers provided to those lacking the means to hire counsel of their own.

This book was very well crafted. It lays out very complex processes into a smooth narrative, following each case as it winds through the system. If you desire change in the US criminal justice system, if you believe the poor and those with disabilities deserve fair treatment under the law, if you believe in the cause of racial justice, you will learn from this book.
Profile Image for Lisa.
71 reviews2 followers
March 4, 2024
Disclosure: I received a copy of this book in exchange for my honest opinion. Thank you to the publisher and to Professor Robert L. Tsai for the opportunity to review this excellent, must-read book.

Professor Tsai’s fourth book, Demand the Impossible: One Lawyer's Pursuit of Equal Justice for All, expertly sheds a light on game-changer Stephen Bright’s four cases before the Supreme Court and inequalities under the law, including but not limited to, defending basic human rights and the unfortunate reality of a lack of representation for financially challenged people in this country.

High profile court cases illustrate the importance of having a good attorney on your side if you have any hope of justice, and unless working pro bono, representation costs serious cheddar. It is absolutely savage for a wronged person to realize they can’t afford justice. They are never made whole. So much for justice for all.

Hardworking-all-their-lives people I know (of humble means like most of us), had to hire an attorney to fight serious injustices, and turned to crowdfunding in order afford the process of stopping the defendant’s seriously messed-up behavior from completely ruining their lives.

And consider this hypothetical situation: a tenured professor in higher education with a history of bullying and jealous of a talented colleague on the come-up for example, could rally support to mob their tenure-track colleague and spread false rumors about them, materially damaging their chances for promotion and even forcing them to leave their university position. In the event that the non-tenured colleague does not have the financially resources and cannot afford to sue in order to recover their sparkling reputation in this scenario, nothing happens to the slandering, dysfunctional tenured professor. That is so wrong.
11 reviews3 followers
January 6, 2025
Every supporter of the death penalty should read this book then engage in some self reflection.
Displaying 1 - 6 of 6 reviews

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