Best of
Law

1997

The Entrepreneur's Guide to Business Law


Constance E. Bagley - 1997
    From leaving your current job to taking your company public, THE ENTREPRENEUR'S GUIDE TO BUSINESS LAW has the information you need to avoid potentially costly missteps. This book contains 17 chapters that follow the progression of a start-up business and anticipate its legal concerns through each stage of growth, with essential coverage of e-commerce and international issues where appropriate.

Where Is Your Body? And Other Essays on Race, Gender, and the Law


Mari J. Matsuda - 1997
    Matsuda offers a strikingly insightful look at how our collective experiences of race, class, and gender inform our understanding of law and shape our vision of a more just society.

Critical Race Feminism: A Reader


Adrien Katherine Wing - 1997
    This second edition features 25 new essays and a new introduction by Adrien Katherine Wing.Critical Race Feminism gives voice to African American, Latina, Asian, Native American, and Arab women, both heterosexual and lesbian. Both a forceful statement and a platform for change, the anthology addresses an ambitious range of subjects, from life in the workplace and motherhood to sexual harassment, domestic violence, and other criminal justice issues. Extending beyond national borders, the volume tackles global issues such as the rights of Muslim women, immigration, multiculturalism, and global capitalism.Revealing how the historical experiences and contemporary realities of women of color are profoundly influenced by a legacy of racism and sexism that is neither linear nor logical, Critical Race Feminism serves up a panoramic perspective, illustrating how women of color can find strength in the face of oppression.

The Idea of Natural Rights: Studies on Natural Rights, Natural Law, and Church Law, 1150-1625


Brian Tierney - 1997
    Written by leading scholars of law, political science, and related fields, these volumes will help meet the growing demand for literature in the burgeoning interdisciplinary study of law and religion.

Bloodstain Pattern Analysis: With an Introduction to Crime Scene Reconstruction


Tom Bevel - 1997
    It is a critical bridge between forensics and the definition of a precise crime reconstruction. The second edition of this bestselling book is thoroughly updated to employ recent protocols, including the application of scientific method, the use of flow charts, and the inter-relationship of crime scene analysis to criminal profiling. It provides more illustrations, including color photographs, and explains the use of computer programs to create demonstrative evidence for court.

The Law and the Gospel


Ernest C. Reisinger - 1997
    These are the crucial questions addressed by Ernest Reisinger in The Law and the Gospel.

Nixon's Ten Commandments of Statecraft


Richard M. Nixon - 1997
    In a fascinating introduction that blends anecdotes about Nixon and original insight into his personality and politics, Humes notes that "vision, to Nixon, was knowledge of the past directed toward the future." Nixon was a politician, a statesman, and a historian; as a result, Humes is able to illustrate each maxim with a key example from Nixon's own career in diplomacy as well as an illuminating story from world history. The triumphs and failures of great leaders such as Pericles, Benjamin Franklin, and Winston Churchill are seen here through the prism of Nixon's timeless advice. An engaging and spirited storyteller, Humes captures the genius of a man who understood political power at its most sophisticated - and never hesitated to reach for it. From "Always Be Prepared to Negotiate, but Never Negotiate Without Being Prepared" to "Never Seek Publicity That Would Destroy the Ability to Get Results" to "Always Leave Your Adversary a Face-Saving Line of Retreat, " the Ten Commandments are a distillation of Nixon's vast experience in foreign policy. Their wisdom is critical not just for leaders of state but for anyone interested in the art of negotiation. These timeless laws are guidelines for getting what you want at bargaining tables of any kind.

The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960


Martti Koskenniemi - 1997
    He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 instrumentalism. This wide-ranging study provides a unique reflection on the future of critical international law.

Masterminds of the Right


Emily O'Reilly - 1997
    Probes the shadowy world of the right-wing forces that plotted the 1983 referendum on abortion and the 1992 Maastricht Protocol to deny women reproductive rights.

Beyond All Reason: The Radical Assault on Truth in American Law


Daniel A. Farber - 1997
    These scholars assert that such concepts as truth and merit are inextricably racist and sexist, that reason and objectivityare merely sophisticated masks for ideological bias, and that reality itself is nothing more than a socially constructed mechanism for preserving the power of the ruling elite. In Beyond All Reason, liberal legal scholars Daniel A. Farber and Suzanna Sherry mount the first systematic critique of radical multiculturalism as a form of legal scholarship. Beginning with an incisive overview of the origins and basic tenets of radical multiculturalism, the authorscritically examine the work of Derrick Bell, Catherine MacKinnon, Patricia Williams, and Richard Delgado, and explore the alarming implications of their theories. Farber and Sherry push these theories to their logical conclusions and show that radical multiculturalism is destructive of the verygoals it wishes to affirm. If, for example, the concept of advancement based on merit is fraudulent, as the multiculturalists claim, the disproportionate success of Jews and Asians in our culture becomes difficult to explain without opening the door to age-old anti-Semitic and racist stereotypes.If historical and scientific truths are entirely relative social constructs, then Holocaust denial becomes merely a matter of perspective, and Creationism has as much validity as evolution. The authors go on to show that rather than promoting more dialogue, the radical multiculturalist preferencesfor legal storytelling and identity politics over reasoned argument produces an insular set of positions that resist open debate. Indeed, radical multiculturalists cannot critically examine each others' ideas without incurring vehement accusations of racism and sexism, much less engage in fruitfuldiscussion with a mainstream that does not share their assumptions. Here again, Farber and Sherry show that the end result of such thinking is not freedom but a kind of totalitarianism where dissent cannot be tolerated and only the naked will to power remains to settle differences. Sharply written and brilliantly argued, this book is itself a model of the kind of clarity, civility, and dispassionate critical thinking which the authors seek to preserve from the attacks of the radical multiculturalists. With far-reaching implications for such issues as government controlof hate speech and pornography, affirmative action, legal reform, and the fate of all minorities, Beyond All Reason is a provocative contribution to one of the most important controversies of our time.

Theonomy and the Westminster Confession


Martin A. Foulner - 1997
    Does the Westminster Confession teach Theonomy? Martin Foulner lets the Reformers, Puritans and, especially the Westminster Divines speak for themselves with extracts taken from their own works.These quotations give an in depth look at Puritan teaching on the application of God's Law to society.This book provides an answer to those who, misquote, or quote out of context, these great men of the past and should be read by all thinking Christians.

Mortal Peril


Richard A. Epstein - 1997
    Such thinking, he argues, has fundamentally distorted our national debate on health care by focusing the controversy on the unrealistic goal of government-provided universal access, instead of what can be reasonably provided to the largest number of people given the nation's limited resources. With bracing clarity, Epstein examines the entire range of health-care issues, from euthanasia and organ donation to the contentious questions surrounding access. Basing his argument in our common law traditions that limit the collective responsibility for an individual's welfare, he provides a political/economic analysis which suggests that unregulated provision of health care will, in the long run, guarantee greater access to quality medical care for more people. Any system, too, must be weighed on principles of market efficiency. But such analysis, in his view, must take into account a society-wide as well as an individual perspective. On this basis, for example, he concludes that older citizens are currently getting too much care at the expense of younger Americans. The author's authoritative analysis leads to strong conclusions. HMOs and managed care, he argues, are the best way we know to distribute health care, despite some damage to the quality of the physician-patient relationship and the risk of inadequate care. In a similar vein, he maintains that voluntary private markets in human organs would be much more effective in making organs available for transplant operations than the current system of state control. In examining these complex issues, Epstein returns again and again to one simple theme: by what right does the state prevent individuals from doing what they want with their own bodies, their own lives, and their own fortunes? Like all of Richard Epstein's works, Mortal Peril is sure to create controversy. It will be essential reading as health-care reform once again moves to the center of American political debate.

Carnal Knowledge: Rape on Trial


Sue Lees - 1997
    Drawing on the testimonies of women, many who have never before spoken out, this book uncovers the fraudulence of the view that women are increasingly crying rape when they simply regret what has happened the night before.

The Expanding Prison


David Cayley - 1997
    David Cayley argues that our overpopulated prisons are more reflective of a society that is becoming increasingly polarized than of an actual surge in crime. This book considers proven alternatives to imprisonment that emphasize settlement-oriented techniques over punishment, and move us towards a vision of justice as peace-making rather than one of vengeance.

A Critique of Adjudication: Fin de Siècle


Duncan Kennedy - 1997
    It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology.At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, and remarkably lucid theory of adjudication that includes accounts of both judicial rhetoric and the experience of judging. With an eye to the current state of theory, legal or otherwise, he also includes a provocative discussion of postmodernism.Ultimately concerned with the practical consequences of ideas about the law, A Critique of Adjudication explores the aspects and implications of adjudication as few books have in this century. As a comprehensive and powerfully argued statement of a critical position in modern American legal thought, it will be essential to any balanced picture of the legal, political, and cultural life of our nation.

Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy


Steven R. Ratner - 1997
    This book offers an unprecedented progress report on this crucial enterprise. After examining the scope of international crime, the mechanisms created by states for enforcing laws, and the practical difficulties of applying such laws, the authors conclude their comprehensive study with an important assessment of the future of accountability. In this new edition the authors also cover recent developments such as the jurisprudence of the UN's Yugoslavia and Rwanda tribunals, new domestic attempts at accountability, and the International Criminal Court.

The Defense Is Ready: Life in the Trenches of Criminal Law


Leslie Abramson - 1997
    Leslie Abramson's journey from eager young law clerk to one of the nation's premier homicide attorneys involved some of the most difficult and notorious criminal cases of the last two decades. Among those she describes with a frank insider's eye are the Bob's Big Boy case, which involved the murders of employees and patrons during the robbery of a popular Los Angeles restaurant; the Chinatown trial in which defense sleuthing finally unraveled the mystery that surrounded the slaying of one police officer and the wounding of another by young Chinese gang members; and the startling acquittal she won for an immigrant Pakistani doctor accused of murdering and dismembering his own young son. Finally, Abramson describes the series of disturbing and thought-provoking trials in which she undertook the defense of battered wives and abused children ultimately driven to kill their tormentors. Most celebrated among these were the two death penalty murder trials in which she represented Erik Menendez, who, along with his brother, killed his parents after years of sexual and emotional abuse.

Martial Justice: The Last Mass Execution in the United States


Richard Whittingham - 1997
    An examination of the events surrounding the 1945 execution of seven German POWs for the murder of a fellow prisoner.

We Won't Go Back: Making The Case For Affirmative Action


Charles Lawrence - 1997
    Told from the richly personal and occasionally diverging perspectives of an African American man and an Asian American woman, We Won't Go Back offers an impassioned, generous vision for the policy's expansion - one that see affirmative action as a gain for all. Combining personal memoir, careful analysis, and the stories of those who have shaped the policy over the decades, Lawrence and Matsuda reveal what affirmative action has meant in real terms, in people's lives - from the communities that struggled for its initial passage to parents who fight today for their child's fair shot. In the process, the authors eloquently consider some of the policy's most divisive issues: How do African Americans feel about the judicial ascendancy of Clarence Thomas? Why have the majority of women remained silent on affirmative action? Do Asian Americans need the policy? How are issues of hate speech and political correctness tied to it? Perhaps most striking is the human face of affimative action today, which emerges radiantly from the stories gathered here. We meet Anthony Romero, a Latino raised by his immigrant parents in a Bronx housing project, now director of a prominent human rights organization; Robert Demmons, a trailblazer who successfully tackled discrimination in his local fire department; LaDoris Hazzard Cordell, the first African American woman to become a Superior Court judge in her county; and Bernadette Gross, a carpenter who rose triumphantly in a male-dominated profession. Their talesand others' force the question: Which people are in the room because of affirmative action, and what would we lose if they were no longer there? They also offer a searching reminder of those who wait outside the doors of continued exclusion. At its heart, We Won't Go Back is a deeply spiritual book that asks what it is that we, as Americans, value. Do we really wish to live in a world where there is no sense of generosity, caring, or community? The stories of abundant hope and grace in these pages answer with a resounding no.

The Amistad Slave Revolt and American Abolition


Karen Zeinert - 1997
    Behind the scenes were legal manueverings and political ramifications: presidential aspirations in an election year; the South's slave-based economy; and international affairs. The ordeal of the Africans, however, penetrated the American consciousness of the race question as never before. It brought before the public this defining issue: Can one person be the property of another?Karen Zeinert looks carefully at the complexities of the Amistad story and puts it firmly in the context of its times. A former teacher, Zeinert has written many books on history, several of them for Linnet.

Introduction to Law


Joanne Banker Hames - 1997
    A new chapter on constitutional law, expanded coverage of employment and environmental law, and information on technology makes this an excellent resource for any Introduction to Law course for all disciplines of study including pre-law, legal studies, and business programs. Using this text, your students will learn how to develop their own critical-thinking skills, read high-interest cases, expand their legal vocabulary and discuss case law and issues impacting today's legal system.

Beyond Control: Medical Power and Abortion Law


Sally Sheldon - 1997
    '[A]n accessible introduction to models and theories of human nature and how they inform our professional practice' Professional Social Work

States' Laws on Race and Color


Pauli Murray - 1997
    The complete text of each law or ordinance is included, along with occasional notes about its history and the extent to which it was enforced.Other relevant information found in the volume ranges widely: the texts of various Supreme Court rulings; international documents; federal government executive orders, departmental rules, regulations, and directives; legislation related to aliens and Native Americans; and more.In his introduction Davison M. Douglas comments on the legislation compiled in the book and its relevance to scholars today and also provides biographical background on Pauli Murray, the attorney who was the volume's original editor.

Jesting Pilate and Other Papers and Addresses


Owen Dixon - 1997
    

The Constitution in Congress: The Federalist Period, 1789-1801


David P. Currie - 1997
    Currie analyzes from a legal perspective the work of the first six congresses and of the executive branch during the Federalist era, with a view to its significance for constitutional interpretation. He concludes that the original understanding of the Constitution was forged not so much in the courts as in the legislative and executive branches, an argument of crucial importance for scholars in constitutional law, history, and government."A joy to read."—Appellate Practive Journal and Update"[A] patient and exemplary analysis of the work of the first six Congresses."—Geoffrey Marshall, Times Literary Supplement

Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar


David Dyzenhaus - 1997
    Dyzenhaus analyzes the legal theories of three eminent public lawyers of the Weimar era whose theories addressed the problems of legal and political order in a crisis-ridden modern society and demonstrates their relevance to contemporary debates.

Trials from Classical Athens


Christopher Carey - 1997
    Carey offers a diverse repertory of legal case studies which deal with different aspects of Athenian law. The volume provides a unique and accessible introduction to the Athenian legal system and how the system reveals the values and social life of Classical Athens. This comprehensive book will be a fundamental resource for students of Ancient Greek history and anyone interested in the law, social history and oratory of the Ancient Greek world.

Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market


Giuliano Amato - 1997
    Offers sometimes controversial obserations on the history and doctrines of antitrust law, and conclusions as to how successfully the dilemma is being managed by the economies of the US and Europe. Amato is head of the Italian Antitrust Authority, a professor of law at the European University Institute in Florence, Italy, and a former Prime Minister of Italy.

Planting Tail Feathers: Tribal Survival and Public Law 280


Carole Goldberg-Ambrose - 1997
    Native American Studies. PLANTING TAIL FEATHERS recounts the passage in 1953 of the federal statute commonly known as Public Law 280. Public Law 280 brought hardship to the affected reservations in the form of state jurisdiction and a withdrawal of federal services. The goal of the book is to present some of the ideas and legal understanding needed to rebuild tribal governments, economies, and peoples following the implementation Public Law 280.

The Damages Lottery


Patrick S. Atiyah - 1997
    He recovers damages. A child has both legs amputated as a result of meningitis and is awarded nothing. The law's justification for awarding damages in the first case is that the man's injury was the fault of someone else, while in the second case damages are denied because nobody was at fault. In this searching critique of the present law and practice relating to damages, Professor Patrick Atiyah shows that this system is in fact a lottery. He contends that the public are paying far too much for an unfair and inefficient insurance system and that reform is long overdue. His conclusion is that actions for damages for injuries should be abolished and replaced with a new no-fault road accident scheme, and actions for other injuries should be dealt with by individual or group insurance policies.

"Race," Rights and the Law in the Supreme Court of Canada: Historical Case Studies


James W. St. G. Walker - 1997
    With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing "common sense" about "race" in their legal decisions. He shows that injustice on the grounds of "race" has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada's future as a multicultural society.

The Penal System: An Introduction


Mick Cavadino - 1997
    Fully revised and updated to account for recent changes in the Criminal Justice System, the new edition includes: - Expanded material on restorative justice- An expanded section on gender and the Criminal Justice System- Greater coverage of comparative issues, focussing especially on Scotland- An annually updated companion website, keeping you up-to-date with relevant legislation and crucial developments- An accessible writing style balanced against a critical and scholarly approach- A glossary of key terms that you'll encounter throughout your studies- Continued critical coverage of the deepening penal crisis, including sections on the managerial crisis and the crisis of accountabilityThe Penal System consolidates and builds on the successful formula of the fourth edition, bringing the text in line with the key issues facing the Criminal Justice System today. It will prove essential reading across all undergraduate levels for modules on Criminal Justice and Prisons/Punishment.

The Death Penalty: An Historical and Theological Survey


James J. Megivern - 1997
    The death penalty continues to divide our nation, and many citizens are torn on the question of capital punishment. How one feels about the death penalty can usually be tied to one's religious beliefs. Do we have the moral, ethical right to use death as a punishment for the most heinous of crimes, or does the sanctity of human life prevail over all else? In this fascinating book, James Megivern offers readers a comprehensive history of the death penalty in the West. Using a chronological and historical approach, he explores the development of the death penalty through early, medieval and modern periods, following elements of its history throughout Europe. His work provides insight into why there has been such confusion surrounding the issue of capital punishment and presents background for understanding the position adopted in Pope John Paul II's 1995 encyclical, The Gospel of Life. Megivern explores the U.S. Catholic Bishops' rejection of the death penalty, which coincides with its escalation in favor in U.S. public opinion polls. And he gives a sampling of current European theological thought that reinforces universal human rights theory and the ideals of international law.

The Decisions and Dissents of Justice Isagani A. Cruz: Selected and Annotated


Isagani A. Cruz - 1997
    

West's Encyclopedia of American Law, 12 Volume Set


Gale Cengage Learning - 1997
    The books show data on 5,000 legal topics, biographies of interesting and influential people who have played a part in shaping US law, and definitions of legal terms.

Mass Atrocity, Collective Memory, And The Law


Mark Osiel - 1997
    Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a -collective conscience- of moral principles shared by all, he argues. But they can nonetheless contribute to a little-noticed kind of social solidarity.To this end, writes Osiel, we should pay closer attention to the way an experience of administrative massacre is framed within the conventions of competing theatrical genres. Defense counsel will tell the story as a tragedy, while prosecutors will present it as a morality play. The judicial task at such moments is to employ the law to recast the courtroom drama in terms of a -theater of ideas, - which engages large questions of collective memory and even national identity. Osiel asserts that principles of liberal morality can be most effectively inculcated in a society traumatized by fratricide when proceedings are conducted in this fashion.The approach Osiel advocates requires courts to confront questions of historical interpretation and moral pedagogy generally regarded as beyond their professional competence. It also raises objections that defendants' rights will be sacrificed, historical understanding distorted, and that the law cannot willfully influence collective memory, at least not when lawyers acknowledge this aim. Osiel responds to all these objections, and others. Lawyers, judges, sociologists, historians, and political theorists will find this a compelling contribution to debates on the meaning and consequences of genocide.

Sir Edward Coke: A Force For Freedom


John Hostettler - 1997
    

Trial Evidence


Thomas A. Mauet - 1997
    Washington

Sappho Goes to Law School: Fragments in Lesbian Legal Theory


Ruthann Robson - 1997
    In Sappho Goes to Law School Ruthann Robson weaves together concepts taken from traditional legal theory, postmodernism, feminist theory, and queer theory, as well as her own personal experience in the courtroom and classroom, to take stock of the complexities of lesbian identity and the often detrimental ways in which legal scholarship approaches lesbianism.

The Christian Sabbath: Examined, Proved, Applied


Brian Schwertley - 1997
    This booklet contains a comprehensive examination of Sabbatarianism, explaining the meaning of the day, its change from the 7th to the 1st day of the week and how the day is to be kept unto the Lord.

Not Only for Myself: Identity, Politics, and the Law


Martha Minow - 1997
    In Not Only for Myself , Harvard Law professor and leading critical legal scholar Martha Minow uses well-known incidents, such as the furor over the casting of Miss Saigon and the confirmation hearings of Supreme Court Justice Clarence Thomas, to explain the legal issues bearing on such incendiary questions as affirmative action, segregation, racial redistricting, and “identity politics.”

War Crimes Against Women: Prosecution in International War Crimes Tribunals


Kelly Askin - 1997
    It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.

Law & the American Health Care System (University Casebook Series))


Rand E. Rosenblatt - 1997
    Clear focus on the interaction of market forces, government, health policy, and legal developments.