With great detail and care, Garner explains what legalese is, how it can be simplified, and how far legal writers can go in simplifying it. The topics are alphabetically arranged for ease of reference: simply look up any phrase or grammatical category you're interested in, and you're likely to find the final word on the subject. Shortly after the completion of this massively expanded second edition, the late Charles Alan Wright said: The first edition of this book has been praised around the world as both the most reliable guide to legal usage and the most fascinating to read. The second edition outdoes even its predecessor.

    Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.

    In this important book, he takes a hard look at these inequities, documenting them with numerous cases drawn from his years of experience in the courts.With unflinching honesty, he tackles such controversial subjects as the deep-seeded societal prejudices of white judges, the lack of black judges, the long history of excluding blacks from law schools and bar associations, the practice of setting higher bail for black defendants, the anti-black biases of white jurors, and the black defendant's limited access to quality legal representation.Judge Wright also addresses the abuse of police power against blacks, the dehumanizing conditions in jails populated primarily by blacks, and the way that death penalty convictions discriminate against blacks. Finally, he proposes remedies that must be taken if the courts are truly to become a place of justice for all.Timely and relevant, "Black Robes, White Justice" is a book that every American should read in order to understand one of the most important issues of our time.

    Fully revised and updated, the volume covers a broad range of topics in forensic mental health, including insanity, child abuse, sentencing, personal injury claims, and civil commitment. Less traditional subjects such as federal antidiscrimination and entitlement laws, competency to testify, workers' compensation, and a new section on the clinical evaluation of witness credibility have also been added. Throughout, the authors summarize and analyze legal issues, offer suggestions for evaluation procedures, and review appropriate research on both clinical opinions and the legal process.New to the Second EditionCompletely updated to reflect current research and practice, the volume contains four entirely new chapters and has been revised throughout to include analyses of new case law and clinical techniques; important research on competency and dangerousness from the MacArthur Foundation Research Network on Mental Health and Law; and new ethical rules developed by the American Psychological Assocation and the American Psychiatric Association. Also new to this edition are exercises and case studies for students in each chapter (see below).

    Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?

    Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal

    "Bad Acts and Guilty Minds . . . revives the mind, it challenges superficial analyses, it reminds us that underlying the vast body of statutory and case law, there is a rationale founded in basic notions of fairness and reason. . . . It will help lawyers to better serve their clients and the society that permits attorneys to hang out their shingles."—Edward N. Costikyan, New York Times Book Review

    8 pages of photographs.

    Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of each of the four sections of Philosophy and Law.This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question.

    Madison, "to say what the law is." As its Chief Justice from 1801 to 1835, Marshall made the Supreme Court a full and equal branch of the federal government. In so doing, he joined Washington, his mentor, and Jefferson, his ideological rival, in the first rank of American founders. His legacy extends far beyond Marbury, which held for the first time that the Supreme Court has the power to declare acts of Congress unconstitutional. Under his leadership, the Court upheld the constitutionality of a national bank, established the supremacy of the federal judiciary over state courts and legislatures in matters of constitutional interpretation, and profoundly influenced the economic development of the nation through vigorous interpretation of the contract and interstate commerce clauses. His major judicial opinions are eloquent public papers, written with the conviction that "clearness and precision are most essential qualities," and designed to inform and persuade the citizens of the new republic about the meaning and purpose of their Constitution. This volume collects 200 documents written between 1779 and 1835, including Marshall's most important judicial opinions, his influential rulings during the Aaron Burr treason trial, speeches, newspaper essays, and revealing letters to friends, fellow judges, and his beloved wife, Polly. It follows Marshall's varied career before becoming Chief Justice: as an officer in the Revolution, a supporter of the ratification of the Constitution, an envoy to France during the notorious "XYZ Affair," a congressman, and secretary of state in the Adams administration. The personal correspondence gathered here reveals the conviviality, good humor, and unpretentiousness that helped him unite the Court behind many of his landmark decisions, while selections from his biography of George Washington offer vivid descriptions of battles he fought in as a young man. Charles F. Hobson, editor, is the author of The Great Chief Justice: John Marshall and the Rule of Law. He is the editor of The Law Papers of St. George Tucker at the Omohundro Institute of Early American History and Culture and was the editor of The Papers of John Marshall. "A marvelous and much-needed single-volume collection of the writings of America's greatest Chief Justice, selected by the scholar who knows him best." -Gordon Wood, author of Empire of Liberty

    It is mainly a study in international human rights law, but also draws extensively on international humanitarian law and international criminal law. This edition reflects the extensive legal and institutional developments that have taken place in the last twelve years.

    Extremely well written, this text outlines all the major legal systems of the world and details individual areas of law within these systems. Its prior edition has been highly regarded world-wide since its publication and was translated into many languages including Italian, Japanese and Russian. This third edition has been updated and contains useful new material including a chapter on Japanese Law. It has been skillfully translated from the German by Tony Weir. A key resource, this text provides the framework for a study of comparative law.

    His writings covered the entire domain of jurisprudence, excepting admiralty, and no other state judge through his opinions alone had so great an influence on the course of American law. Through a critical study of Shaw's opinions, noted historian Leonard Levy reveals what Shaw's generation thought about the relation of the individual to the state, and of states to the nation, and how his peers perceived rights, duties, and liabilities, the roles of government, and the character of law itself. Each chapter stands as a selected aspect of American legal history--some cover the response of the law to a great social issue such as fugitive slavery or trade unionism, others attempt to show how and why changes in American industrial life necessitated accommodations in the law, and still others are concerned with the growth of legal doctrines of great consequence such as police power. Overall, the opinions of Justice Shaw illuminate how liberty and order were comparatively valued, which interests were deemed important enough to secure in legal moorings, and where the points of social tension, growth, and power were rooted.

    The text is based on the latest provisions of the Companies Ordinance and cases decided since the summer of 1998, in both the Hong Kong and English jurisdictions.

    By this, Madison meant that the Constitution established both a strong central power and protected state's rights. But to say that something is of two parts is not to say that the parts are equal. Advocates of state sovereignty believed the Constitution created an executive power that was so strong it might as well have been a monarchy. But advocates of national government felt that a strong executive was essential to steer America through crisis. Between these two positions, the living body of the Constitution was sculpted. Over and over, the delegates to the Philadelphia Convention clashed and compromised. Slavery, a bill of rights, legislative representation - all the battles over these issues are enshrined in the language of the Constitution. To fully appreciate the Constitution, it is necessary to understand the questions it sought to resolve.

    This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

    Setting forth the argument that Blacks use the electoral system differently from other groups to achieve their social, political, and economic goals, the work analyzes the tactics employed. It looks at Black participation in the politics of the primaries, party conventions, and the general elections, showing that what happens is the result of both traditional behind-the-scenes bargaining (dependent leverage) and the more recent direct entry of Blacks into the presidential selection process as candidates (independent leverage).Walters deals with the most significant topics in Black politics studies and electoral studies in general: the prospects for Blacks within the Democratic party, the function of Black presidential candidacies, the independent political movement in presidential elections, the impact of conservatism on Black presidential strategies, and the role of Black elected officials in presidential politics. Understanding the activities and objectives of key voting constituencies, such as Blacks, allows one to understand the dynamics of American presidential elections.

    Using the tools of philosophy and intellectual history, White extracts and examines the interlocking theory of knowledge, doctrine of normative ethics, psychology of motivation, and even metaphysics and theology, all of which were used in different degrees by the founding fathers in defense of the Constitution.