Best of
Law

1991

The Alchemy of Race and Rights


Patricia J. Williams - 1991
    The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law-school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Mary Beth Whitehead. She also traces the workings of "ordinary racism"--everyday occurrences, casual, unintended, banal perhaps, but mortifying. Taking up the metaphor of alchemy, Williams casts the law as a mythological text in which the powers of commerce and the Constitution, wealth and poverty, sanity and insanity, wage war across complex and overlapping boundaries of discourse. In deliberately transgressing such boundaries, she pursues a path toward racial justice that is, ultimately, transformative.Williams gets to the roots of racism not by finger-pointing but by much gentler methods. Her book is full of anecdote and witness, vivid characters known and observed, trenchant analysis of the law's shortcomings. Only by such an inquiry and such patient phenomenology can we understand racism. The book is deeply moving and not so, finally, just because racism is wrong--we all know that. What we don't know is how to unthink the process that allows racism to persist. This Williams enables us to see. The result is a testament of considerable beauty, a triumph of moral tactfulness. The result, as the title suggests, is magic.

By This Standard: The Authority of God's Law Today


Greg L. Bahnsen - 1991
    This is where any discussion of God's law ultimately arrives: the issue of dominion. Ask yourself: Who is to rule on earth, Christ or Satan? Whose followers have the ethically acceptable tool of dominion, Christ's or Satan's? What is this tool of dominion, the Biblically revealed law of God, or the law of self-proclaimed autonomous man? Whose word is sovereign, God's or man's?Millions of Christians, sadly, have not recognized the continuing authority of God's law or its many applications to modern society. They have thereby reaped the whirlwind of cultural and intellectual impotence. They implicitly denied the power of the death and resurrection of Christ. They have served as footstools for the enemies of God. But humanism's free ride is coming to an end. This book serves as an introduction to this woefully neglected topic.

International Law


Malcolm N. Shaw - 1991
    The fifth edition includes new material on Inter-state Courts and Tribunals, arbitration tribunals and the role of international institutions such as the WTO. It will remain an invaluable resource for students and practitioners alike. While essential reading for students of international relations and the political sciences, the scope of the text also makes it of interest to lawyers and government and international employees. Previous Edition Hb (1997): 0-521-59384-0 Previous Edition Pb (1997): 0-521-57667-9

The Elements of Legal Style


Bryan A. Garner - 1991
    Garner also provides abundant examples from the best legal writers of yesterday and today, including Oliver Wendell Holmes, Clarence Darrow, Frank Easterbrook, and Antonin Scalia.If you want to make your writing clearer, more precise, more persuasive, and above all more stylish, The Elements of Legal Style offers the surest--and the most enjoyable--means to that end.

Principles of Islamic Jurisprudence


Mohammad Hashim Kamali - 1991
    In this work, Prof Kamali offers us the first detailed presentation available in English of the theory of Muslim law (usul al-fiqh). Often regarded as the most sophisticated of the traditional Islamic disciplines, Islamic Jurisprudence is concerned with the way in which the rituals and laws of religion are derived from the Qur'an and the Sunnah—the precedent of the Prophet. Written as a university textbook, Principles of Islamic Jurisprudence is distinguished by its clarity and readability; it is an essential reference work not only for students of Islamic law, but also for anyone with an interest in Muslim society or in issues of comparative Jurisprudence.

The Man to See


Evan Thomas - 1991
    Now, for the first time, best-selling author Evan Thomas takes us into the courtrooms of William's greatest performances as he defends "Godfather" Frank Costello, Jimmy Hoffa, Frank Sinatra, The Washington Post, and others, as well as behind the scenes where the witnesses are coached, the traps set, and the deals cut.In addition to being a lawyer of unprecedented influence, Williams was also an important Washington insider, privy to the secrets of America's most powerful men. Thomas tells the truth behind the stories that made Williams one of the most talked about public figures of his time, including Williams' role in the publication of the Pentagon Papers and the possibility that Williams may have been Watergate's Deep Throat. Based on Thomas's exclusive access to Williams's papers, "The Man to See" is an unprecedented look at the strategies and influence of this exceptional man.

The Bill of Rights: A User's Guide


Linda R. Monk - 1991
    Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights.Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it."Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.

With Liberty & Justice for All: Christian Politics Made Simple


Joseph C. Morecraft III - 1991
    

Some Are Smarter Than Others: The History of Marcos' Crony Capitalism


Ricardo Manapat - 1991
    

The Crossing of the Visible


Jean-Luc Marion - 1991
    For the question of painting is, at its heart, a question of visibility—of appearance. As such, the painting is a privileged case of the phenomenon; the painting becomes an index for investigating the conditions of appearance—or what Marion describes as "phenomenality" in general.In The Crossing of the Visible, Marion takes up just such a project. The natural outgrowth of his earlier reflections on icons, these four studies carefully consider the history of painting—from classical to contemporary—as a fund for phenomenological reflection on the conditions of (in)visibility. Ranging across artists from Raphael to Rothko, Caravaggio to Pollock, The Crossing of the Visible offers both a critique of contemporary accounts of the visual and a constructive alternative. According to Marion, the proper response to the "nihilism" of postmodernity is not iconoclasm, but rather a radically iconic account of the visual and the arts that opens them to the invisible.

Jurisprudence


John G. Riddall - 1991
    It also includes a separate chapter on Dworkin's Law's Empire, and theprevious chapter on Rights has been substantially revised, to make this a useful and highly readable addition to the student's library.

The Faces of Justice and State Authority: A Comparative Approach to the Legal Process


Mirjan R. Damaska - 1991
    Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman

Order Without Law: How Neighbors Settle Disputes


Robert C. Ellickson - 1991
    He demonstrates that people largely govern themselves by means of informal rules--social norms--that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law.The springboard for Ellickson's theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In "The Problem of Social Cost"--the most frequently cited article on law--economist Ronald H. Coase depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioral assumptions that underlie Coase's vision, and will add realism to future efforts to apply economic analysis to law.Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.

Analysis of Evidence


Terence Anderson - 1991
    They are utilized in fact-investigation, preparing for trial, and in connection with other important decisions in legal processes and criminal investigation and intelligence analysis. Most of the chapters in the new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added.

Footwear Impression Evidence: Detection, Recovery and Examination


William J. Bodziak - 1991
    In this new edition, everything, including the original twelve chapters, bibliography, appendix, etc., has been clarified, updated and expanded. This edition includes updated and new information on recovery procedures and materials such as lifting, photography and casting; chemical enhancement; updated information about footwear manufacturing; footwear sizing; and known impression techniques and materials.WHAT S NEW IN THE SECOND EDITION:Besides updating and expanding the twelve original chapters, Footwear Impression Evidence: Detection, Recovery and Examination, Second Edition adds three new chapters: one chapter on barefoot evidence, which concerns impressions made by the naked or sock-clad foot or those which remain in abandoned or discarded footwear; another new chapter on several cases in which the footwear impression evidence was of primary importance in bringing about a conviction or confession; and finally, a new chapter on the footwear impression evidence in the O.J. Simpson criminal and civil cases.

An Introduction To Canon Law


James A. Coriden - 1991
    This valuable book, which has been updated to reflect changes and adaptations in canon law and new resources in the field, offers an introductory orientation of all of canon law. A superb teaching and learning tool, it provides outlines and overviews of relatively complex areas of canon law, sketches the basic structure and design of the various offices and functions within the church and how they relate to each other, and gives an orientation to the more important areas of canon law, as well as a background and context within which more detailed rules can be understood. Two appendices offer guidance for doing canonical research and case studies for further discussion.

The Talmud, The Steinsaltz Edition, Volume 4: Tractate Bava Metzia Part IV (Talmud the Steinsaltz Edition)


Adin Even-Israel Steinsaltz - 1991
    Volume IV of this monumental publishing venture continues Tractate Bava Metzia offers ethical guidelines for employer-employee relations and various commercial transactions.

The Philosophical Origins of Modern Contract Doctrine (Clarendon Law Series)


James Gordley - 1991
    This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

The Law Of Refugee Status


James C. Hathaway - 1991
    Many of them, including Canada, have chosen to incorporate the definition in their domestic legislation, where it has worked its influence on decisions covering the granting of asylum or other forms of protection.

The Christian and Civil Government


Pastor John Weaver - 1991
    It explains the Christian's responsibility and relationship to civil government. It sets forth civil government as it has been ordained by God. Likewise it exposes corrupt, unbiblical and ungodly civil government. The book emphasizes obedience to God in the realm of civil government.

The Talmud vol. 7: The Steinsaltz Edition : Tractate Ketubot, Part I.


Adin Even-Israel Steinsaltz - 1991
    Also, the text discusses the KETUBAH, the sum of money the marriage contract stipulates a woman

A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. First Edition 1891


Henry C. Black - 1991
    A Dictionary of Law. Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. Including the Principal Terms of International, Constitutional, and Commercial Law; with a Collection of Legal Maxims and Numerous Select Titles from the Civil Law and Other Foreign Systems. St. Paul, Minn.: West Publishing, 1891. x, 1253 pp. Reprinted 1991 by the Lawbook Exchange, Ltd. LCCN 91-62383. ISBN-13: 978-0-9630106-0-5. ISBn-10: 0-9630106-0-3. Cloth. $195. * Reprint of the rare first edition of the classic American law dictionary, now in its seventh edition. Contains definitions of the terms and phrases of American and English jurisprudence, ancient and modern (including the principal terms of international, constitutional, and commercial law). There is also a collection of legal maxims, as well as a bibliography of the principal law dictionaries in English and other languages to 1891.

The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870


Robert J. Steinfeld - 1991
    By the eighteenth century, traditional legal restrictions no longer applied to many kinds of colonial workers, but it was not until the nineteenth century that indentured servitude came to be regarded as similar to slavery.

A People's Charter


James MacGregor Burns - 1991
    On the 200th anniversary of the passage of the Bill of Rights, The Pulitzer Prize-winning historian James MacGregor Burns and his co-author Stewart Burns bring us a new interpretation of both the meaning and history of Rights--civil, human, political, social--in America, and of the long dramatic struggle for their realization.

Law for Social Workers


Hugh Brayne - 1991
    Suitable for students on all social work courses, it offers a clear approach to the law which governs the profession.Written by an author team with a strong background in teaching and practice, this book provides detailed analysis of the law which protects people from harm and enables social workers to assess needs and provide services to meet those needs.The eleventh edition has been restructured to provide greater coherence within parts and cross-referencing. In five distinct parts the authors present key topics covered on all social work law courses. Starting with an analysis of the legal system and the social worker's place in it, the authors then address human rights, the issues of discrimination, privacy of information and issues surrounding consent. Other topics covered include responsibilities to children including safeguarding children and interagency working and responsibilities towards adults including mental health issues. Finally the authors cover issues which affect the service user such as private family disputes, immigration and asylum status, issues relating to money, housing and violence.Each part begins with an introduction to the unifying theme that runs through the following chapters. Individual chapters open with a case study based on a recent case or enquiry, highlighting the vital issues that the chapters will explore. Key learning points are set out early in the chapter, and each chapter contains questions for discussion, further reading, and web links.Online Resource CentreThe book is supported by a fully interactive Online Resource Centre featuring: Student Resources: - Video podcasts providing expert advice on court skills for social workers- Updates on recent cases and legislation- Guidance on answering exercises in the book- Glossary- Further Reading- Web linksLecturer Resources: - Test Bank of 200 multiple choice questions with answers and feedback- Lecture outlines notes and guidance for both lawyers and social workers teaching social work law

Educating for a Change


Rick Arnold - 1991
    Drawing on the author's experiences in facilitating a wide range of workshops, this handbook offers theory and practical tools for consciously applying the principles of democratic practice to daily work.

Blackstone's International Law Documents


Malcolm D. Evans - 1991
     Each title is ideal for use throughout the course and in exams providing the student with: - Unparalleled coverage - Unannotated primary and secondary legislation - Detailed table of contents to aid quick and efficient research - Up-to-date and relevant material Online Resource Center Updates Web links This new edition of Blackstone's International Law Documents has been fully revised and updated to include all relevant documents through to May 2007. New to the eighth edition: UN General Assembly Resolution 2006, establishing the Human Rights Council ILC Draft Articles on Diplomatic Protection, 2006 ILC Guiding Principles applicable to unilateral declarations of States capable of creating legal obligations, 2006 International Convention for the Suppression of Acts of Nuclear Terrorism, 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, 2005 Convention on the Rights and Duties of States (the Montevideo Convention) 1933

Luther and Calvin on Secular Authority


John Calvin - 1991
    These works represent the authors' attempts to balance their commitments to the maintenance of order in Church and polity on the one hand, and the overriding imperative of uncompromising obedience to the will of God as revealed in Scripture on the other. The book is intended to be readily intelligible to students and nonspecialists, but precise enough for scholars. The introduction relates the works to the thought and activities of their authors, and a glossary, chronology and bibliography are also provided.

Victims of Crime and Punishment: Interviews with Victims, Convicts, Their Families, and Support Groups


Shirley Dicks - 1991
    Topics include personal accounts from victims as well as voices for reform. Also discussed are organizations that provide assistance to victims. Interviews with Kerry Kennedy, daughter of Robert F. Kennedy, Coretta Scott King, widow of Martin Luther King, Jr., and James Earl Ray, alleged assassin of Martin Luther King, Jr., are included.

America, the Nation-State: The Politics of the United States from a State-Building Perspective


Imari Abubakari Obadele - 1991
    

Blackstone's Statutes on Evidence


Phil Huxley - 1991
    Each title is: Trusted: Ideal for exam use Practical: Find what you need instantly Reliable: Current, comprehensive coverage Online Resource CenterUpdates Web links

The Principle of Fairness and Political Obligation


George Klosko - 1991
    In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.

Beyond Accommodation: Ethical Feminism, Deconstruction, and the Law: Ethical Feminism, Deconstruction, and the Law


Drucilla Cornell - 1991
    In Beyond Accommodation, Drucilla Cornell offers a highly original vision of what feminist theory can give contemporary women. She challenges essentialist and naturalist accounts of feminine sexuality, arguing that any attempt to affirm woman's value and difference by either emphasizing her maternal role or repudiating the feminine only entraps women, once again, in a container that curtails feminine sexual difference, legitimates the masculine fantasy of woman, and reinstates, rather than dismantles, the gender hierarchy. In response to these movements, Beyond Accommodation strives to broaden the scope of feminist theory by articulating a platform, under the concept of relative universalism, which proposes the idea that women are not a unified and homogenous group although they are positioned as women in patriarchy. Cornell's theory allows for differences in women's situations without giving up on the idea that women are fighting a common phenomenon called patriarchy.

Real Property in a Nutshell


Roger H. Bernhardt - 1991
    For quick reference the text is divided into three sections. Part One overviews interests in land, such as adverse possession, common-law estates, and concurrent ownership. Part Two covers conveyances through real estate brokers, contract of sale, transfer of title by deed, and mortgages. Part Three concludes with a discussion on miscellaneous property doctrines.

The Law of Contract in South Africa


R.H. Christie - 1991
    In particular, it looks at the Supreme Court of Appeal decisions which have settled or fundamentally changed the law in a number of areas.

Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life


Frederick Schauer - 1991
    Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power among decision-makers.

A Speeders Guide to Avoiding Tickets


James M. Eagan - 1991
    Then you experience a sinking feeling in the pit of your stomach -- and in your wallet -- when you see a flashing red light in the rearview mirror. Now you can ease on down the road without paying the high price of traffic tickets, inflated insurance premiums and expensive lawyer's fees. Former New York State Trooper James M. Eagan tells you how-with invaluable tips and trade secrets that the police don't want you to know. What makes a cop "tick" -- and how to use it to your advantage What dates and times are safest to step on the gas and when you are most likely to get caught How to avoid talking yourself into tickets What stories and excuses will often work How to spot an unmarked car Clipping the wings off "The Bear in the Air" And much more! Whether you drive for business or pleasure -- or simply suffer from occasional leadfoot -- you cannot afford to be without this book!

Cases and Materials on International Law


Martin Dixon - 1991
    This is a fully revised edition that includes recent materials on: international economic law, such as the responses to the anti-globalization protests; the regulation of the use of force, including actions in Afghanistan; the territorial administrations by the UN, as in East Timor; the increasing developments in international human rights law, such as the coming into force of the International Criminal Court and national human rights legislation; the clear obligations on States under international environmental law; and the role of non-state actors in the international community.

We the People, Volume 1: Foundations


Bruce A. Ackerman - 1991
    Integrating themes from American history, political science, and philosophy, We the People confronts the past, present, and future of popular sovereignty in America. Only this distinguished scholar could present such an insightful view of the role of the Supreme Court. Rejecting arguments of judicial activists, proceduralists, and neoconservatives, Ackerman proposes a new model of judicial interpretation that would synthesize the constitutional contributions of many generations into a coherent whole. The author ranges from examining the origins of the dualist tradition in the Federalist Papers to reflecting upon recent, historic constitutional decisions. The latest revolutions in civil rights, and the right to privacy, are integrated into the fabric of constitutionalism. Today's Constitution can best be seen as the product of three great exercises in popular sovereignty, led by the Founding Federalists in the 1780s, the Reconstruction Republicans in the 1860s, and the New Deal Democrats in the 1930s. Ackerman examines the roles played during each of these periods by the Congress, the Presidency, and the Supreme Court. He shows that Americans have built a distinctive type of constitutional democracy, unlike any prevailing in Europe.

The Confederate Constitution of 1861: An Inquiry into American Constitutionalism


Marshall L. DeRosa - 1991
    Constitution on which it was modeled and examines closely the innovations the delegates brought to the document.

A Sourcebook Of African Customary Law For Southern Africa


T.W. Bennett - 1991
    

Judicial Activism: Bulwark of Freedom or Precarious Security?


Christopher Wolfe - 1991
    Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. -Stanley C. Brubaker, Colgate University

Barron's Law Dictionary


Stephen H. Gifis - 1991
    Terms apply to civil procedure, commercial law and contracts, constitutional law, criminal law, property law, and torts. Here's a fine reference book for law students, legal professionals, and anyone who deals with legal terminology.

Canadian Constitutional Conventions: The Marriage of Law and Politics


Andrew Heard - 1991
    Heard deals with the principal conventions governing prerogative powers of the crown, cabinet decision making and administrative behavior, parliament and provincial legislatures, federalism and federal provincial relations, the judiciary, and foreign relations.

Rights Talk: The Impoverishment of Political Discourse


Mary Ann Glendon - 1991
    Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.

On Capital Punishment


Clarence Darrow - 1991
    

Canadian Feminism and the Law: The Women's Legal Education Fund and the Pursuit of Equality


Sherene H. Razack - 1991
    In this penetrating analysis of women's rights before the law, Razack considers the history of LEAF and its work.

Eunomia: New Order for a New World


Philip Allott - 1991
    As an official in the British Foreign Office during the 1960s and '70s, he held such varied offices as Legal Adviser to the British Military Government in Berlin, Legal Counsellor to the British representative to the European Community, and adviser and representative to the United Nations Law of the Sea Conference. Both a diplomat and a scholar, a seasoned participant and an objective observer, Allott possesses a rare perspective on the nature of international relations. In Eunomia, his long awaited work, he brings together three decades of experience to present a sweeping new vision of global order. Allott argues that we have emerged into a single, world-wide society, demanding a single, world-wide constitution. He weaves together law, economics, culture, and other elements in global society, offering a comprehensive overview of tomorrow's world. Humanity must take command of its future, he writes. It will make of itself an international society which is at last a society, a society whose purpose is the survival and prospering of the whole human race. A brilliant, challenging, and visionary theoretical work, Eunomia offers a compelling argument for how we can achieve that future.