His approach to the material is straightforward--first defining the law, next identifying unresolved issues, then examining the underlying policy ramifications. Chemerinsky treats doctrine and policy issues more thoroughly than other texts--always with a balanced view that articulates all sides of an issue. Designed to accompany any of the major casebooks, this title is frequently assigned as the course text by instructors who prefer to supply their own case materials. A cornerstone of federal jurisdiction courses, this leading treatise offers: - an authoritative overview of federal jurisdiction that clearly states the current law, identifies unresolved issues, then explains the underlying doctrinal and policy debates- a closer look at underlying doctrine than other texts, helping students to gain a better grasp of the fundamental legal issues and policy ramifications behind federal jurisdiction cases- a balanced approach to arguments and case material, providing students with a well-rounded view of case precedent and a keen appreciation of the arguments on both sides of a given issueThis new 2003 edition has been thoroughly updated to include: - new coverage of sovereign immunity in such cases as Florida Prepaid v. College Savings Bank, Kimel v. Florida Board of Regents, University of Alabama v. Garrett, Federal Maritime Commission v. South Carolina, and others- more on restrictions of jurisdiction with particular attention to immigration cases such as St. Cyr v. INS and Zadvydas v. Davis, as well as parts of the USAPatriot Act and the Executive Order establishing military tribunals- recent U.S. Supreme Court cases on habeas corpus covering the court's interpretations of the Antiterrorism and Effective Death Penalty Act in Williams v. Taylor, Tyler v. Cain, Artus v. Bennett, and others

    He examines the conflicts inherent in international law--sources, sovereignty, 'custom' and 'world order--and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. Originally published in English in Finland in 1989, this reissue includes a newly written Epilogue by the author.

    Explains who/what/where and when on who truly influenced our Framers to the Constitution and debunks the theory that Locke influenced the 55 Framers.

    This popular book covers all major evidentiary doctrines, providing for each doctrine:a brief description of the pertinent Federal Rules of Evidence and the most recent leading cases construing the Rules a list of foundational elements-the events and facts you need to lay a complete foundation an illustrative foundation showing how each question relates to a particular element of the foundation

    Adler), "this is exactly the kind of book that former Chief Justice Burger, as Chairman of the Bicentennial Commission, has been pleading with scholars and scholarly presses to produce" (Thomas L. Pangle, University of Toronto).

    Even in translation, the unique system of logic and involved argumentation often baffle the inexperienced reader.The Talmud: The Steinsaltz Edition makes it possible for everyone to read the Talmud because it is more than just a translation. Rabbi Adin Steinsaltz becomes your personal instructor, guiding you through the intricate paths of Talmudic logic and thought. His extensive introductions and commentaries make the text crystal clear by providing all the background information needed to follow it, while his illustrated marginal notes supply fascinating insights into daily life in Talmudic times.This volume, Tractate Bava Metzia, Part One, is one of the first sections traditionally studied by newcomers to the Talmud, since it contains so many or' the basic elements common to all Talmudic logic. It focuses on the resolution of disputes that may arise in daily life and commercial transactions, such as rival claims to the ownership of property.Many related issues involving claims inevitably come under examination, such as contracts (including marriage contracts and bills of divorce), loans, promissory notes, and other such documents. There is much discussion of how the courts should proceed, including whether or not an oath, which is considered by the Talmud to be a matter of gave consequence, was to be administered to the various claimants.The extraordinary sensitivity of the courts to ensuring absolute justice for all parties is reflected on every page. And as with all Talmudic discussions, the interplay of personalities and the subtleties of human relationships give rise to a host of possibilities that reflect human life as a whole.

    The guide is an historical treatise on the Talmud and its role in Jewish life, as well as an essential road map to the twenty projected volumes of the Steinsaltz translation. Brilliantly written and lavishly designed and illustrated, this full-length guide will raise interest in the Talmud.

    Discusses the historical background of the Fourteenth Amendment, and argues that it has been unfairly used to encroach on states' rights.

    Constitution comes at a time when interest in the Ninth Amendment is on the rise. The Rights Retained by the People brings together in one volume the critical writings on the Ninth Amendment, from the first published article (1936) to several important articles published in the 1980s. This invaluable anthology is an essential addition to constitutional law collections.Contributors: James Madison, Edward S. Corwin, Knowlton H. Kelsey, Bennett B. Patterson, Norman Redlich, Eugene M. Van Loan, III, Randy E. Barnett, John Hart Ely, Raoul Berger, Simeon C.R. McIntosh, Russell L. Caplan, Calvin R. Massey, and Charles L. Black, Jr. Co-published with the Cato Institute.

    Fisher's intent has been to go beyond the analysis of court cases,and to analyze,as well,the political,historical,and social framework in which decisions are handed down; and the meaning of the constitution is understood. The actions of judicial as well as non-judicial actors is not ignored. More than any other case book in Constitutional Law,Fisher explores the constant,creative interplay between the judiciary and the political branches,as well as historical and social influences.

    She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.

    Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.

    One unfortunate result of preoccupation with the nuclear threat, however, has been a new kind of respectability accorded to conventional war. In this radical and cogent argument for pacifism, Robert Holmes asserts that all war--not just nuclear war--has become morally impermissible in the modern world. Addressing a wide audience of informed and concerned readers, he raises dramatic questions about the concepts of political realism and nuclear deterrence, makes a number of persuasive suggestions for nonviolent alternatives to war, and presents a rich panorama of thinking about war from St. Augustine to Reinhold Niebuhr and Herman Kahn.Holmes's positions are compellingly presented and will provoke discussion both among convinced pacifists and among those whom he calls militarists. Militarists, we realize after reading this book, include the majority of us who live a friendly and peaceful personal life while supporting a system which, if Holmes is correct, guarantees war and risks eventual human extinction.Originally published in 1989.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

    The transition, guided by a reconceptualization of the causes of crime, the nature of authority, and the purposes of punishment, embodied the triumph of new sensibilities and the reconstitution of cultural values throughout the Western world. This study examines the conflict over capital punishment in the United States and the way it transformed American culture between the Revolution and the Civil War. Relating the gradual shift in rituals of punishment and attitudes toward discipline to the emergence of a middle class culture that valued internal restraints and private punishments, Masur traces the changing configuration of American criminal justice. He examines the design of execution day in the Revolutionary era as a spectacle of civil and religious order, the origins of organized opposition to the death penalty and the invention of the penitentiary, the creation of private executions, reform organizations' commitment to social activism, and the competing visions of humanity and society lodged at the core of the debate over capital punishment. A fascinating and thoughtful look at a topic that remains of burning interest today, Rites of Execution will attract a wide range of scholarly and general readers.

    They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights."—from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.

    Simon illuminates a critical quarter century of modern American history through one of the most important, and contentious, relationships in the annals of the American judiciary. Beginning in the early 1940s, Felix Frankfurter, eloquent advocate of judicial restraint, and Hugo Black, outspoken proponent of judicial activism, polarized the Supreme Court with their passionate disagreements on civil liberties issues. In so doing, they changed the Court and America forever.Simon has captured the rarely seen world of the Supreme Court where larger-than-life rivalries and personalities have an impact on the decisions that shape our lives. 8 pages of photos.

    

    The author begins by defining a "security" and registration exemptions, and then continues through the process for non-exempt transactions. Understanding Securities Law clearly, thoroughly, and concisely addresses the subjects covered in basic Securities Regulation courses, including:•   The definition of securities exemptions from registration;•   the registration framework and process;•   Sarbanes-Oxley Act;•   SEC Securities Act Offering Rules;•   Resales and reorganizations;•   Due diligence;•   Liabilities and remedies;•   Affirmative disclosure duties;•   Insider trading;•   SEC enforcement; and•   Professional responsibility.The author also includes a glossary of key terms, statutes, rules, regulations and forms and schedules, and comparative charts synopsizing previously discussed materials. The text covers the regulation of public and privately held companies under the Securities Acts, SEC "fraud" concepts, civil liabilities under the securities laws, and state "Blue Sky" laws. It also discusses the Sarbanes-Oxley legislation, SEC public offering rules, SEC regulations on the resale of securities, and recent federal Supreme Court and appellate court decisions.The eBook version of this title feature links to Lexis Advance for further legal research options.

    Between 1934 and 1945 this court - the "Volksgerichtshof" or "People's Court" - condemned more than 12,000 civilians to death and sent thousands more to concentration camps. Yet in spite of its blatantly political character, the People's Court was never indicted, either at Nuremberg or in subsequent trials.This text traces the roots of the Court, its establishment and procedures, and assesses the controversial question of the German judiciary's complicity with the Nazi regime.

    The author argues, in contrast to prevailing views held both in South Africa and the West, that rather than resulting from capitalism, apartheid is the antithesis of capitalism. In short, Williams asserts, the evolution of apartheid can be seen as a struggle against market forces in order to confer privilege and status on South African whites.Williams begins with a brief overview of South African history, the racial and ethnic diversity of its peoples, and the development of thinking about apartheid. He then highlights some of South Africa's legal institutions, particularly its racially discriminatory laws, and traces the historical forces behind racially discriminatory labor law. Subsequent chapters apply standard economic analysis to apartheid in business and the labor market and consider market challenges to apartheid and governmental responses. Finally, Williams summarizes recent changes to apartheid laws and offers a general discussion of the lessons about racial relations that can be drawn from the South African experience.