Best of
Law

1983

Law and Revolution


Harold J. Berman - 1983
    Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

Code of Canon Law: A Text and Commentary


The Catholic Church - 1983
    It incorporates the full text of the Canon Law in English translations approved by NCCB, a full cross-reference index, and certain tables for quick reference.

Justice at Nuremberg


Robert E. Conot - 1983
    Conot reconstructs in a single absorbing narrative not only the events at Nuremburg but the offenses with which the accused were charged. He brilliantly characterizes each of the twenty-one defendants, vividly presenting each case and inspecting carefully the process of indictment, prosecution, defense and sentencing.

American Indians, American Justice


Vine Deloria Jr. - 1983
    Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights—a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought—and won—in the political arena and the courts.American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Rights on Trial: The Odyssey of a People's Lawyer,


Arthur Kinoy - 1983
    Discusses issues surrounding such cases as Watergate, the Rosenbergs, the Civil Rights Movement, the Taft-Hartley Act, and the McCarthy Committee.

The Grace of Law: A Study in Puritan Theology


Ernest F. Kevan - 1983
    After describing the Puritans and the antinomian controversy that developed among them, Kevan demonstrates how the orthodox view among the Puritans regarded the moral law as an expression of God’s majesty established as a guide for man’s blessedness and a measure to expose sin. He then proceeds to show how the law relates to God’s people after the fall in the context of the covenant of grace. Great care is used to explain the relation of Christ’s work to the law, the ongoing moral obligation Christians have to the law, the idea of gospel obedience, and the Christian’s freedom from the law’s condemnation. Although the Puritans saw law and grace as opposing principles regarding one’s justification, they did teach about how God ultimately uses the law in the life of the believer for His gracious purposes.

Prisoners' Self-Help Litigation Manual


John Boston - 1983
    Clear, comprehensive, practical advice providesprisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge ofprisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights.Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legalremedies, and how to effectively use those remedies.Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.

Basic Documents in International Law


Ian Brownlie - 1983
    The book provides an extensive collection of key materials covering all elements of the subject and incorporates all significant developments within this field that have occurred since the publication of the fourth edition in 1995. Since the first edition appeared in 1967 this collection of basic texts has become an established aid both to the practising lawyer using international law materials, and to the student of international law as a complement to existing course books. The aim of the collection has always been to provide students with essential documents to enable them to obtain a thorough grounding in this diverse and fascinating area of law.

The Law of the Sea


R.R. Churchill - 1983
    Written so as to be intelligible to all concerned with maritime affairs, the book has proved particularly valuable to international lawyers and those taking specialist courses in the law of the sea and maritime studies.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />The aim of the third edition of this book remains broadly the same as that of the first two editions, namely to provide an introduction to the law of the sea, surveying not only the 1982 United Nations Convention on the Law of the Sea but also the customary and conventional law which supplements it.  Since the previous edition of this book was published in 1988, much has happened in the law of the sea. Most notably, the 1982 Convention has entered into force and is now widely ratified. In addition a number of important multilateral treaties have been concluded (including the two Agreements of 1994 and 1995 relating to the implementation of the Convention), there have been several judgments by international courts and tribunals, and there has been a vast amount of bilateral treaty-making, national legislation and other forms of State practice. This new edition has been completely revised and extensively rewritten, although the basic structure of the book remains unchanged.

International Economic Law


Andreas F. Lowenfeld - 1983
    Covering all aspects of international economic law, such as the GATT/WTO, the International Monetary System, transnational investment and economic sanctions, it will be of interest to international lawyers and non-specialists alike.

The Best Defense: The Courtroom Confrontations of America's Most Outspoken Lawyer of Last Resort-- The Lawyer Who Won the Claus Von Bulow Appeal


Alan M. Dershowitz - 1983
    --Truman CapoteIn this tell-all legal memoir, Alan Dershowitz describes his most famous, and infamous, cases and clients. In the process, takes a critical, informed look at a legal system that he regards as deeply corrupt.

Basic Rules of the Geneva Conventions and Their Additional Protocols


International Committee of the Red Cross - 1983
    A simplified work was needed to present and explain these international law treaties to an ever-increasing number of readers. In this study, the author, Jean de Preux, comments briefly on the main provisions of the Conventions and their Additional Protocols, brings out their meaning and specifies the relevant articles. For easy reference, an index is included at the end of the book.

Law and Medical Ethics


J.K. Mason - 1983
    The interplay between the health caring professions and the public during the period intervening since the last edition has, perhaps, been mainly dominated by wide-ranging changes in the administration of the National Health Service and of the professions themselves but these have been paralleled by important developments in medical jurisprudence.

American Political Writing During the Founding Era: 1760-1805, Volume 2


Charles S. Hyneman - 1983
    This title includes an annotated bibliography of five hundred additional items for future reference.

Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence


Catharine A. MacKinnon - 1983
    

American Political Writing During the Founding Era: 1760-1805, Volumes 1-2


Charles S. Hyneman - 1983
    Many are obscure pieces that were previously available only in larger research libraries. But all illuminate the founding of the American republic and are essential reading for students and teachers of American political thought. The second volume includes an annotated bibliography of five hundred additional items for future reference. The subjects covered in this rich assortment of primary material range from constitutionalism, representation, and republicanism to freedom of the press, religious liberty, and slavery. Among the more noteworthy items reprinted, all in their entirety, are Stephen Hopkins, "The Rights of the Colonies Examined" (1764); Richard Bland, "An Inquiry into the Rights of the British Colonies" (1766); John Adams, "Thoughts on Government" (1776); Theophilus Parsons, "The Essex Result" (1778); James Madison, "Memorial and Remonstrance Against Religious Assessments" (1785); James Kent, "An Introductory Lecture to a Course of Law Lectures" (1794); Noah Webster, "An Oration on the Anniversary of the Declaration of Independence" (1802); and James Wilson, "On Municipal Law" (1804). Charles S. Hyneman was Professor Emeritus of Political Science at Indiana University before his death in 1984. He was a past president of the American Political Science Association. Donald S. Lutz is Professor of Political Science at the University of Houston.

Constitutional Law


John E. Nowak - 1983
    Origins of Judicial Review; Federal Jurisdiction; Sources of National Authority; The Federal Commerce Power; Federal Fiscal Powers; International Affairs; The President and Congress; The Commerce Clause and Restrictions on State Regulatory Powers; Federal Regulation and State Authority; Individual Liberties -- An Overview; State Action; Procedural Due Process -- The Requirement of Fair Adjudicative Procedures; Equal Protection; Congressional Enforcement of Civil Rights; Freedom of Speech; Freedom of Religion.

A Treatise On The Medical Jurisprudence Of Instanity


Isaac Ray - 1983
    

The Freedom of Religious Expression in the Public High Schools


John W. Whitehead - 1983
    

Law and Modern Society


Patrick S. Atiyah - 1983
    An institution made by men for the government of men, the law today can all too readily confuse and dismay us. How and why is so much new law made? By what right does a judge order that a man be sent to jail? Why is so much law so bad, and why should we, the people, accept the laws made by those who claim the right to govern us?In this lucid, stimulating and completely updated survey which presupposes no specialist knowledge of the subject, P. S. Atiyah introduces the reader to a number of fundamental issues about the law, the legal profession, and the adjudicative process. This new edition gives greater emphasis to the effect of membership of the European Community on English law, and gives an expanded account of the European convention on Human Rights with its subsequent effects on English law. Atiyah also looks at the recent controversy over the independence of the judiciary, problems arising from the cost of legal services and legal aid, and the many appalling miscarriages of justice which have disfigured the legal system in the past decade.

Values and Assumptions in American Labor Law


James B. Atleson - 1983
    The author demonstrates that the "received wisdom" in labor law, which is that decisions are based on analyses of the rational implications of statutory policy, language, or legislative history, fails to account for the actual history of decision-making, particularly the interpretation of the Wagner Act of 1935 that established collective bargaining and the National Labor Relations Board. Through close interpretation, Atleson shows the legal decisions that have been reached are better explained by such factors as notional of inherent property rights, the need for capital mobility, and the interest in continued productivity.