Simpson, the evidence in the case, and the role of the prosecution and defense.

    Filled with hundreds of the Founders' quotes revealing their beliefs on the role of religion in public affairs, the proper role of the courts, the intended limited scope of federal powers, and numberous other current issues.

    Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.

    Granted unprecedented access to the Los Angeles Juvenile Court, including the judges, the probation officers, and the children themselves, This book provides evidence of the system's inability to slow juvenile crime or to make even a reasonable stab at rehabilitating troubled young offenders. Humes draws a portrait of a judicial system in disarray.

    White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion. Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.

    An apt symbol of the man who shaped both court and country.Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.

    Despite government efforts to isolate and eliminate its use, it is more popular now than ever. Why Marijuana Should Be Legal analyzes the effects of marijuana and marijuana laws on society. The book addresses the drug's industrial and medical applications, preserving our Constitutional rights, economic costs, health effects, and sociological aspects. New and updated information includes how state officials are acting against the legalization of marijuana and how U.S. marijuana laws are based on inaccurate and outdated information. In discussing such issues and many more, the book presents clear, documented evidence for all of its conclusions. Also included is an annotated list of organizations that lobby for change of marijuana laws. "Rosenthal and Kubby offer crisp, well-reasoned arguments for legalizing marijuana."—Mike Tribby, Booklist "[A]n important contribution to the current national dialog on moves toward the decriminalization of this controversial drug."—The Midwest Book Review

    Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, theUniversity of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumentalhistory of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equaltreatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhapsthe most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slaveowner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were so inferior that they had no right which the white man was bound to respect. For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War.And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbothamterms one of the most catastrophic racial decisions ever rendered, the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were separate but equal facilities. Higginbotham also documents the eloquent voices that opposed the openly racistworkings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned theconvictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

    Providing support for learning and revision throughout, the key skills are demonstrated in the context of the core topics of study with expertly written example sets of notes, followed by opportunities to learn and test your knowledge by creating and maintaining your own summaries of the key points. The chapters are reinforced with a series of workpoints to test your analytical, communication and organisational skills; checkpoints, to test recall of the essential facts; and research points, to practice self-study and to gain familiarity with legal sources. "Course Notes: the English Legal System" is designed for those keen to succeed in examinations and assessments with view to taking you one step further towards the development of the professional skills required for your later career. In addition, concepts are set out both verbally and in diagrammatic form for clarity, and the essential case law is displayed in a series of straightforward and indisposable tables illustrating how best to analyse and compare legal points as expressed by the opinions of the authorities in each case. To check your answers to questions examples are provided online along with sample essay plans and web links to useful web sites and sources at .hodderplus.co.uk/law, making this the ideal resource to guide you through the demands of compiling and revising the information you will need for your exams.

    The bestselling, unprecedented live recordings and transcripts of twenty-three landmark Supreme Court cases.

    The book covers English criminal law comprehensively, but concisely. It provides a lively, clear and accurate explanation of the law, presented in a systematic and logical order for learning and revision.

    A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than byunilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apart.In order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs toaddress questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And itsTreaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book.

    It is deeply researched and well-argued—the sort of book that makes a good case for all its views. Its signal contribution lies in its conjoining theoretical and empirical treatments of human rights into a coherent central argument. This is an outstanding and original treatment of an important body of material that will establish the author as a leading figure in debates within the field of human rights and international relations.” — Michael Joseph Smith, University of VirginiaTaking Suffering Seriously examines the evolution and development of the concept of collective human rights in international relations. Focusing on the tension between the rights of the individual member of society and the collective rights of certain groups, Felice argues that the protection of human dignity requires an expansion of our understanding of human rights to include those collective group rights often violated by state and global structures. He advocates a third way, between liberalism and Marxism, to move toward a world in which decision-making is based on norms of meeting basic human needs and true equality.

    This book begins with the American Revolutionary war when women had few legal rights at all and extends to the appointment of the first women to the Supreme Court bench.

    They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights -- the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined." George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPSS -- retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma -- what can be done to turn the tables and fight back -- Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. About the Authors: George W. Pring is professor of law at the University of Denver. Penelope Canan is associate professor of sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.

    Rabbi Adin Steinsaltz becomes your personal instructor, guiding you through the intricate paths of Talmudic logic and thought.

    This anthology of election day sermons contains classic sermons from the founding era by Samuel Langdon, Charles Chauncey, and Samuel McClintock, as well as sermons by D. James Kennedy, George Grant, Terry Johnson, David Hall, and others.

    Includes more than 10,000 legal words and phrases. Many updated entries come from recent events that propelled legal terms into our daily lives, from the financial meltdown to the growth of the Internet. Includes pronunciations, example phrases and quotations, and frequent supplementary notes. Special sections on the judicial system, important legal cases, government agencies, and historic laws.

    

    The first book of its kind, Dealing in Virtue details how an elite group of transnational lawyers constructed an autonomous legal field that has given them a central and powerful role in the global marketplace.Building on Pierre Bourdieu's structural approach, the authors show how an informal, settlement-oriented system became formalized and litigious. Integral to this new legal field is the intense personal competition among arbitrators to gain a reputation for virtue, hoping to be selected for arbitration panels. Since arbitration fees have skyrocketed, this is a high-stakes game. Using multiple examples, Dezalay and Garth explore how international developments can transform domestic methods for handling disputes and analyze the changing prospects for international business dispute resolution given the growing presence of such international market and regulatory institutions as the EEC, the WTO, and NAFTA."A fascinating book, which I strongly recommend to all those active in international commercial arbitration, as they will see the arbitral world from new and unthought of perspectives."—Jacques Werner, Journal of International Arbitration

    What are the justifications for this? What are the implications for power and for justice of allowing this property form to range across social life? Can we look to traditional property theory to supply the answers or do we need a new approach? Intellectual property rights relate to abstract objects - objects like algorithms and DNA sequences. The consequences of creating property rights in such objects are far reaching. A Philosophy of Intellectual Property argues that lying at the heart of intellectual property are duty-bearing privileges. We should adopt an instrumentalist approach to intellectual property and reject a proprietarian approach - an approach which emphasizes the connection between labour and property rights. The analysis draws on the history of intellectual property, legal materials, the work of Grotius, Pufendorf, Locke, Marx and Hegel, as well as economic, sociological and legal theory. The book is designed to be accessible to specialists in a number of fields as well as students. It will interest philosophers, political scientists, economists, legal scholars as well as those professionals concerned with policy issues raised by modern technologies and the information society.

    Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism.In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

    

    This book discusses the moral and practical foundations of the corporation and corporate governance.

    This comprehensive work includes thought-provoking quotes that run the gamut, from Aristotle to Adam Smith, from Rush Limbaugh to Newt Gingrich.

    The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.

    Other texts for paralegals may teach paralegals about the law, but they do not teach them how to perform the duties that they will be required to perform as professionals in the field, or give the m the experience of producing work product as they would in a law office. This one does. It follows the California litigation process chronologically from the prelitgation issues and ethics, through pleadings, discovery, trial preparation, trial, appeals and writs. The text provides a fictitious case for students to use as a context to produce challenging work product at each stage of the case, and a sample deposition transcript. The Study Guide provides two more cases, and another deposition transcript. In addition to the chapter material, each chapter of the text poses discussion questions to highlight the concepts of the chapter, and online projects which require use of the internet as a resource, just as a paralegal would do in the litigation law office. They also provide exemplars of the workproduct and forms related to the chapter topic.

    A rethinking of popular political movements, this book looks at new, emerging, mass visions and analyses their impact and potential in new ways.

    This book examines the use of that supreme sanction in Germany, from the seventeenth century to the present.Richard Evans analyses the system of `traditional' capital punishments set out in German law, and the ritual practices and cultural readings associated with them by the time of the early modern period. He shows how this system was challenged by Enlightenment theories of punishment and broke down under the impact of secularization and social change in the first half of the nineteenth century. The abolition of the death penalty became a classic liberal case which triumphed, if only momentarily, in the 1848 Revolution. In Germany far more than anywhere else in Europe, capital punishment was identified with anti-liberal, authoritarian concepts of sovereignty. Its definitive reinstatement by Bismarck in the 1880s marked not only the defeat of liberalism but also coincided with the emergence of new, Social Darwinist attitudes towards criminality which gradually changed the terms of debate. The triumph of these attitudes under the Nazis laid the foundations for the massive expansion of capital punishment which took place during Hitler's `Third Reich'. After the Second World War, the death penalty was abolished, largely as a result of a chance combination of circumstances, but continued to be used in the Stalinist system of justice in East Germany until its forced abandonment as a result of international pressure exerted in the regime in the 1970s and 1980s.This remarkable and disturbing book casts new light on the history of German attitudes to law, deviance, cruelty, suffering and death, illuminating many aspects of Germany's modern political development. Using sources ranging from folksongs and ballads to the newly released government papers from the former German Democratic Republic, Richard Evans scrutinizes the ideologies behind capital punishment and comments on interpretations of the history of punishment offered by writers such as Foucault and Elias. He has made a formidable contribution not only to scholarship on German history but also to the social theory of punishement, and to the current debate on the death penalty.

    

    For upper-level undergraduate and MBA students enrolled in an international business law course, this text emphasises the diversity and similarity of how firms are currently regulated and governed around the world.

    Eileen Gillese and Martha Milczynski has been revised to reflect all appellate authority decided since the publication of the first edition in1997. In addition, the book now makes reference to legislation in all Canadian provinces. Written in clear English and illustrated with many practical examples, it describes all aspects of the creation of trusts and their administration. Not only do they explore the origins of the trust in common law, the authors also provide insight into the recent growth in the use of trusts, including the huge expansion in the area of fiduciary relationships and provisions in the Quebec "Civil Code," which now allow the use of trusts in that province.

    An insight into the long-standing struggle of women in criminal justice occupations to move beyond the barriers of gender segregation is provided in this book.The authors take a close look at the organization of justice occupations along gender lines and in doing so discuss issues such as the historical roles of women in the criminal justice system; the expansion of women′s assignments and contributions in the past 20 years; the barriers that women in justice occupations have encountered at an interpersonal, organizational, occupational and societal level; the performance of women in more responsible and onerous positions, and their response to workplace barriers; and the effect of women on the criminal justice system, victims, offenders, co-workers, and the public.

    George. Blackstone's Commentaries. With Notes of Reference to the Constitution and Laws, of the Federal Government of the United States, and of the Commonwealth of Virginia. In Five Volumes, with an Appendix to Each volume, Containing Short Tracts upon Such Subjects As Appeared Necessary to Form a Connected View of the Laws of Virginia As a Member of the Federal Union. Philadelphia: William Young Birch and Abraham Small, 1803. Five volumes. Reprinted 1996 by The Lawbook Exchange, Ltd. With a New Critical Introduction by Paul Finkelman and David Cobin. LCCN 96-12566. ISBN 1-886363-15-3. Cloth. $450. The first extended treatment of the subject, Tucker's Blackstone is a key resource for understanding how Americans viewed English common law in the years following the adoption of the Constitution and the Bill of Rights. Based on his lectures at the College of William and Mary, Tucker interprets Blackstone's often antidemocratic viewpoint in the American context. A strong proponent of the First Amendment, he elaborates a theory of freedom of speech and press that is more expansive than in the English tradition. "Tucker's Blackstone became a standard reference work for many American lawyers unable to consult a law library, especially those on the frontier. It is impossible to measure its impact on American law, but it is clear that sales were strongest in Virginia, as could be expected; it was also widely used in Pennsylvania and South Carolina." Bryson, The Virginia Law Reporter Before 1800 102. Tucker's Blackstone has been cited in numerous cases by the U.S. Supreme Court in an attempt to discern the original intent of the Constitution. Eller, The William Blackstone Collection in the Yale Law Library 87. Sabin, A Dictionary of Books relating to America 5696. Cohen, Bibliography of Early American Law 5318. A monumental work of continuing relevance, this reprint edition is prefaced by a new critical introduction by Professors Paul Finkelman and David Cobin.

    Oliver Wendell Holmes was 71 when introduced to fiery, effervescent Felix Frankfurter, who'd come to Washington at age 30 to serve President Taft. The two couldn't have had more different backgrounds: Holmes a Civil War hero of Boston Brahmin stock, and Frankfurter a Jewish immigrant whose reformist views would lead him to help found the American Civil Liberties Union and act as key advisor to Franklin Roosevelt and his New Deal. With an introduction providing historical background and annotations that supply context for cases mentioned, this unique collection illuminates a strong and mutually satisfying personal and professional relationship between two men whose exchanges on the meaning of law in general and American law in particular, the editors write, "found expression in their work and influenced legal and political change in their own lifetimes and in ours as well."

    Widely reported in Time, Fortune, the New York Times Magazine, and other national news media, Ann Branigar Hopkins's lawsuit against Price Waterhouse was carried through the federal courts where, in a landmark decision, she was awarded the promotion she had earned.When Hopkins first was nominated for partnership at Price Waterhouse in 1982, she was the only woman among eighty-eight candidates. Of all the nominees, she had the best record for generating new business and securing multimillion-dollar contracts for the company. Yet her promotion was denied. She later learned that several male partners had criticized her for being overly aggressive, "macho," and in need of "charm school."So Ordered is Hopkins's compelling account of her life before, during, and after the seven years of litigation that led to the court ruling in her favor. Complicating her battle were several family crises, which required her to find a school for her dyslexic child, settle a divorce, and fight for custody of her three children.

    In this candid memoir, Justice Wright writes as much about America in the 20th century as he does about his life during that time. Wright's remembrances will keep readers amused and astounded, as he recounts his unforgettable life, lived on his own terms. of photos.

    Jeffrey Abramson, who is currently a respected professor of politics, has compiled a wide cross-section of commentary on the O.J. Simpson trial. These essays, by some of the nation's leading experts and pundits (lawyers, feminists, historians, journalists, and intellectuals), provide a survey of the trial itself, while they also address issues such as race, domestic violence, police misconduct, lawyer's ethics, and media politics.

    Parker, the stern U.S. judge for Indian Territory from 1875 to 1896, brought law and order to a lawless frontier region. He held court in the border city of Fort Smith, Arkansas, but his jurisdiction extended over the Indian tribal lands to the west. Pressing juries for convictions, Parker sent seventy-nine convicted criminals to the gallows-as many as six at a time. More ofen than not, however, he passed sentences on thousands of liquor dealers, rapists, and cattle and horse thieves-even throwing Belle Starr in the penitentiary for stealing a horse from a crippled boy.

    Still the only one-volume encyclopedia on this intensively studied subject, the revised edition has been substantially expanded and thoroughly updated to include recent scholarship. In particular, the volume now covers a greater geographical area and a more diverse group of historical figures. Building on the foundation of the successful previous edition, of the school curriculum. With broad cultural and geographical coverage, this valuable and authoritative reference features articles on general topics such as science, education, art and architecture, aesthetics, and music; personalities; countries; notable works; and concepts. For the revised edition, many of the core entries have been expanded, and all articles have been revised and updated based on current research. New material includes approximately 125 new entries, new illustrations, further reading lists with all major articles, a new preface, and a revised chronology, bibliography, and index.