Best of
Law

1981

The Complete Anti-Federalist


Herbert J. Storing - 1981
    Storing’s work includes introductions to each entry, along with his own consideration of the Anti-Federalist thought. This new three-volume set includes all the contents of the original seven-volume publication in a convenient, manageable format. “A work of magnificent scholarship. Publication of these volumes is a civic event of enduring importance.”—Leonard W. Levy, New York Times Book Review

The Prison and the Factory: Origins of the Penitentiary System


Dario Melossi - 1981
    An examination and interpretation of the development of modern prisons in England and Europe from 1550 to 1850, a study of Italian prison development, and of American prisons from colonial times to 1930.

Unlikely Heroes


Jack Bass - 1981
    Fifth Circuit Court of Appeals-who vigorously and skillfully implemented Brown v. Board of Education in six southern states. The rich profiles show the character of the men who gave up prosperous lives, popularity, and friends to see that the constitutional rights of all citizens were protected.

Louis D. Brandeis


Melvin I. Urofsky - 1981
    Brandeis the reformer, lawyer, and jurist, and Brandeis the man, in all of his complexity, passion, and wit. Louis Dembitz Brandeis had at least four "careers." As a lawyer in the late nineteenth and early twentieth centuries, he pioneered how modern law is practiced. He, and others, developed the modern law firm, in which specialists manage different areas of the law. He was the author of the right to privacy; led the way in creating the role of the lawyer as counselor; and pioneered the idea of "pro bono publico" work by attorneys. As late as 1916, when Brandeis was nominated to the Supreme Court, the idea of pro bono service still struck many old-time attorneys as somewhat radical. Between 1895 and 1916, when Woodrow Wilson named Brandeis to the Supreme Court, he ranked as one of the nation's leading progressive reformers. Brandeis invented savings bank life insurance in Massachusetts (he considered it his most important contribution to the public weal) and was a driving force in the development of the Federal Reserve Act, the Clayton Antitrust Act, and the law establishing the Federal Trade Commission. Brandeis as an economist and moralist warned in 1914 that banking and stock brokering must be separate, and twenty years later, during the New Deal, his recommendation was finally enacted into law (the Glass-Steagall Act of 1933) but was undone by Ronald Reagan, which led to the savings-and-loan crisis in the 1980s and the world financial collapse of 2008. We see Brandeis, who came from a family of reformers and intellectuals who fled Europe and settled in Louisville. Brandeis the young man coming of age, who presented himself at Harvard Law School and convinced the school to admit him even though he was underage. Brandeis the lawyer and reformer, who in 1908 agreed to defend an Oregon law establishing maximum hours for women workers, and in so doing created an entirely new form of appellate brief that had only a few pages of legal citation and consisted mostly of factual references. Urofsky writes how Brandeis witnessed and suffered from the anti-Semitism rampant in the early twentieth century and, though not an observant Jew, with the outbreak of the Great War in 1914, became at age fifty-eight head of the American Zionist movement. During the next seven years, Brandeis transformed it from a marginal activity into a powerful force in American Jewish affairs. We see the brutal six-month confirmation battle after Wilson named the fifty-nine-year-old Brandeis to the court in 1916; the bitter fight between progressives and conservative leaders of the bar, finance, and manufacturing, who, while never directly attacking him as a Jew, described Brandeis as "a striver," "self-advertiser," "a disturbing element in any gentleman's club." Even the president of Harvard, A. Lawrence Lowell, signed a petition accusing Brandeis of lacking "judicial temperament." And we see, finally, how, during his twenty-three years on the court, this giant of a man and an intellect developed the modern jurisprudence of free speech, the doctrine of a constitutionally protected right to privacy, and suggested what became known as the doctrine of incorporation, by which the Bill of Rights came to apply to the states. Brandeis took his seat when the old classical jurisprudence still held sway, and he tried to teach both his colleagues and the public- especially the law schools-that the law had to change to keep up with the economy and society. Brandeis often said, "My faith in time is great." Eventually the Supreme Court adopted every one of his dissents as the correct constitutional interpretation. A huge and galvanizing biography, a revelation of one man's effect on American society and jurisprudence, and the electrifying story of his time.

The Family Story


Alfred Thompson Denning - 1981
    

Sex-Based Discrimination: Text, Cases and Materials


Herma Hill Kay - 1981
    Focuses on sex role differences in family settings and significance by state law. Discusses Jaycee B., the California case involving a surrogate not genetically related to the child, and two anonymous egg and sperm donors. Includes Fourth Circuit opinions in U.S. v. Virginia Military Institute. Looks at prosecuting women's abuse cases and using the battered women's syndrome in women's claims of self-defense in criminal actions.

Police Training Manual


Jack English - 1981
    It is a concise legislative guide that should be useful to police officers throughout their career.

Copyright, Patent, Trademark And Related State Doctrines


Paul Goldstein - 1981
    Featuring new and updated cases, this revised edition details the differences between copyright, patent and trademark law. Subjects covered include state and federal intellectual proerty laws, unfair competition, trade secrets, rights of publicity and more. This new, revised edition also studies modern intellectual property issues, such as protection of computer programs and industrial design.

On Being a Christian and a Lawyer: Law for the Innocent


Thomas L. Shaffer - 1981