Best of
Law

1999

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts


Bryan A. Garner - 1999
    It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present.In Garner's view, good writing is good thinking put to paper. Never write a sentence that you couldn't easily speak, he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words (Strike pursuant to from your vocabulary.), quoting authority, citing sources, and designing a document that looks as impressive as it reads.Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence.Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

Contempt of Court: The Turn-of-the-Century Lynching That Launched a Hundred Years of Federalism


Mark Curriden - 1999
    Two black lawyers, not even part of the original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, "has never been fully explained." Provocative, thorough, and gripping, Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law.

Philippine Constitutional Law: Principles And Cases (Volume I)


Hector S. De Leon - 1999
    

Crimes Against Humanity: The Struggle For Global Justice


Geoffrey Robertson - 1999
    It sets out the rights of humankind in the 21st century, and predicts what this movement has in store, for tyrants and torturers, as well as the superpowers.

The Indian Constitution: Cornerstone of a Nation


Granville Austin - 1999
    It discusses how and why the members of the Assembly wrote their constitution as they did. This new edition of Austin's classic work has a preface that brings it up to date with contemporary developments in constitutional law.

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution


Peter Irons - 1999
    In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn.

The Federalist Papers In Modern Language: Indexed for Today's Political Issues


Mary E. Webster - 1999
    The book includes the U.S. Constitution and Articles of Confederation. This was first published in 1999 and has been a great aid to students and citizens who want to understand the Founding Fathers' interpretation of the U.S. Constitution.

High Priest of Harmful Matter


Jello Biafra - 1999
    Biafra on Tipper Gore & more.

Your Money or Your Life: Why We Must Abolish the Income Tax


Sheldon Richman - 1999
    Your Money or Your Life: Why We Must Abolish the Income Tax shows where the income tax and the IRS came from, and recounts not only how they came to be but why. What makes Richman's analysis different is that he shows that the special evils of the IRS and income tax are not accidental, something that can be eliminated just by putting the right people in charge or by offering a few reforms here and there. They are intrinsic to the purpose for which the IRS and the income tax exist. And that's why Richman proposes that the whole thing just be repealed. This book shows how the income tax makes you poorer. Reading Richman's discussion of it will make you richer.

Irreparable Harm: A Firsthand Account of How One Agent Took on the CIA in an Epic Battle over Secrecy and Free Speech


Frank Snepp - 1999
    The absorbing inside story of the CIA's successful attempt to punish and muzzle an agent who wrote the truth about the scandalous fall of Saigon.

Money Laundering: A Guide for Criminal Investigators, Third Edition


John Madinger - 1999
    The law has been amended, new underlying crimes have been added, and court decisions have modified its scope. The Act remains an important tool in combating criminal activity. Now in its third edition, Money Laundering: A Guide for Criminal Investigators covers the basics of finding ill-gotten gains, linking them to the criminal, and seizing them. Providing a clear understanding of money laundering practices, it explains the investigative and legislative processes that are essential in detecting and circumventing this illegal and dangerous activity. Highlights of the Third Edition include Important court decisions and changes in federal law since the Second Edition New trends in crime and terrorism financing The rise of money laundering in connecting with major frauds, including the Bernie Madoff case Law and policy shifts related to terrorism and financing since the Obama administration New methods for financial intelligence and the filing of Suspicious Activity Reports How changes in technology have enabled launderers to move funds more easily and anonymously Knowledge of the techniques used to investigate these cases and a full understanding of the laws and regulations that serve as the government’s weapons in this fight are essential for the criminal investigator. This volume arms those tasked with finding and tracing illegal proceeds with this critical knowledge, enabling them to thwart illegal profiteering by finding the paper trail.

Signs of Safety: A Solution and Safety Oriented Approach to Child Protection Casework


Andrew Turnell - 1999
    The philosophy behind this approach is clearly articulated through ten practice principles that serve as guiding beacons for child protection workers as they traverse the rough waters of abuse and neglect investigation.Child protection workers are involved with vulnerable, at-risk children in potentially volatile situations. Here they will find a new child protection assessment and planning protocol that allows for comprehensive risk assessment incorporating both danger and safety and the perspectives of both professionals and service recipients (parents). The authors provide practical, hands-on strategies for building a partnership with parents, which may, in the long run, prevent abuse and family dissolution. They illustrate these strategies in cases showing the subtle process of integrating the seemingly opposite notions of coercion and cooperation.Respectful, optimistic, and highly practical, this book promises to revitalize and redirect child protection services.

First Steps in the Law


Geoffrey Rivlin - 1999
    This second edition has been completely revised and updated to take into account recent developments. It provides a wealth of fascinating details about the legal system and the many people who participate in it, from judges to MPs and police. The book vividly describes how laws are made, and how cases are tried. It includes chapters on the principles involved in the administration of justice, the development of common law, the constitution, legal professions, and courts. Interesting historical and contemporary cases bring the book to life, as it covers issues such as discrimination, human rights, and drugs, and explains how the law affects young people today.

International Law and the Environment


Patricia Birnie - 1999
    Written by three of the foremost experts in this field, the authors employ sharp and thorough analysis of the laws, allowing them to share their extensive knowledge and experience with the reader. The authors provide a unique perspective on the implications of International regulation, promoting a wider understanding of the pertinent issues impacting upon the law.This edition features extended treatment of Genetically Modified Organisms and biotechnology as well as the implications of ethics and the environment. It also benefits from new material covering the role of the International Maritime Organization and Non-Governmental Organizations, which continue to grow in their influence over legislative provisions. These revisions ensure that not only does International Law and the Environment remain at the forefront of developments but continues to provide the most complete coverage of the growing subject of environmental law.

Dharmasutras: The Law Codes of Ancient India


Patrick Olivelle - 1999
    In short, these unique documents give us a glimpse of how people, especially Brahmin males, were ideally expected to live their lives within an ordered and hierarchically arranged society. In this first English translation of the Dharmasutras for over a century, Patrick Olivelle uses the same lucid and elegant style as in his award-winning translation of the Upanisads and incorporates the most recent scholarship on ancient Indian law, society, and religion. Complex material is helpfully organized, making this the ideal edition for the non-specialist as well as for students of Indian society and religion.About the Series: For over 100 years Oxford World's Classics has made available the broadest spectrum of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, voluminous notes to clarify the text, up-to-date bibliographies for further study, and much more.

Limiting Government: An Introduction to Constitutionalism


András Sajó - 1999
    Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development.

Dead Run: The Shocking Story of Dennis Stockton and Life on Death Row in America


Joe Jackson - 1999
    For the next twelve years he remained there, during which time he helped plan the only successful mass escape from death row in U.S. history (though he ultimately decided not to join the escapees), developed a career as a writer through a diary and newspaper columns, and continually proclaimed his innocence. His explosive diary entries -- published in the (Norfolk) Virginian Pilot -- about life on death row made him a marked man among prisoners and guards alike; this calumny only strengthened his resolve to clear his name. However, despite strong evidence of his innocence, Stockton was executed on September 27, 1995.

Bad Kids: Race and the Transformation of the Juvenile Court


Barry C. Feld - 1999
    Recent efforts to toughen juvenile justice policies have resulted in increasingly harshsanctions that fall disproportionately on minority youths. In this provocative new book, Barry Feld examines what went wrong with the juvenile court and proposes an alternative model for youth crime control and child welfare.The Progressive reformers who created the juvenile court a century ago saw children as relatively blameless and innocent. But recent decades of rising crime rates associated with urban decay have strained this tolerant view of young offenders. Feld relates the 1967 Supreme Court decision In reGault to the broader social and legal changes associated with the civil rights movement and the Warren Court's Due Process Revolution. Although gault mandated more elaborate procedural safeguards in delinquency hearings, ironically, those protections legitimated the imposition of more punitivesanctions.Since Gault, Feld argues, three decades of judicial, legislative, and administrative reforms have conducted a form of criminological triage. At the soft end, reforms have shifted noncriminal status offenders, primarily female and white, out of the juvenile justice system into a hidden systemmade up of private sector mental health and chemical dependency facilities. At the hard end, states transfer increasing numbers of young offenders, disproportionately minorities, to criminal court for prosecution as adults. Meanwhile, juvenile courts punish more severely those delinquents-againdisproportionately minorities-who remain within the increasingly criminalized juvenile justice system.Feld attributes the current state of affairs to a conceptual flaw inherent in the juvenile court. The juvenile justice system attempts to combine social welfare and social control functions in one organization, but inevitably fulfills both missions badly because of the inherent andirreconcilable contradictions between them. Progressive reformers situated the juvenile court on a number of cultural, legal, and criminological fault lines, where the ideas of child and adult, determinism and free will, immature and responsible, treatment and punishment collide. The past threedecades have witnessed a shift from the former to the latter of these binary pairs in response to the racial transformation of cities, the increase in serious youth crime, and the erosion of the rehabilitative assumptions of the juvenile court.The solution, Feld argues, is to uncouple social welfare from criminal social control. States could try all offenders in one integrated criminal justice system with appropriate modifications to accommodate the youthfulness of younger defendants: a graduated, age-culpability sentencingsystem, separate youth correctional facilities, and the like. Formally recognizing youthfulness as a mitigating factor would provide youths with greater protections and justice than they currently receive in either the juvenile or criminal justice systems. At the same time such a strategy wouldenable public policies to address directly the social welfare needs of all young people.

The Oxford Guide to United States Supreme Court Decisions


Kermit L. Hall - 1999
    The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of over four hundred of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. Here are the landmark decisions that have shaped American life, described by some of our most eminent legal scholars. Arranged alphabetically, each entry provides the United States Reports citation, the date the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More importantly, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Court's decision, and the case's impact on American society. Kermit Hall has drawn the material primarily from the acclaimed Oxford Companion to the Supreme Court, revising and updating entries where necessary, and he has written 47 new entries covering recent notable cases, including Clinton v. Jones, Reno v. Shaw, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Turner Broadcasting System, Inc. v. FCC. The Guide also features a case index (including all cases mentioned anywhere in the text), a topical index, the Constitution of the United States, an appendix on the Justices, and a legal glossary. For anyone interested in the great controversies of our time, this invaluable book is a must read--a primer on the epic constitutional battles that have informed American life.

The Dignity of Legislation


Jeremy Waldron - 1999
    Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.

Tribes, Treaties, and Constitutional Tribulations


Vine Deloria Jr. - 1999
    . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland. In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.

A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning, Updated and Expanded Edition of The Evolving Constitution


Jethro K. Lieberman - 1999
    It is an indispensable tool for students and lay persons who want to understand today's constitutional controversies and their background in our history. It is equally useful to lawyers and other specialists who seek quick reviews of constitutional issues with immediate reference to cases for further research.Unlike conventional treatises that discuss the Constitution clause by clause or under a few broad concepts, this book uniquely treats every aspect of the Constitution and every constitutional topic in alphabetical order, in more than 1,000 short essays. It is extensively cross-referenced and exhaustively indexed, so that even a reader with only a minimal notion of the Constitution or constitutional law can quickly find clear answers to questions about pressing issues of the day.Among the other unique features: a set of introductory essays on the background of the Constitution and the many difficulties of interpreting it; a concordance to each word and phrase in the Constitution; a year-by-year chronology of justices who have served on the Supreme Court; and a table of the more than 2,650 Supreme Court cases from 1792 to the present referred to in the book, listing the vote, the author of the majority opinion, the concurring and dissenting justices, and the length of the opinions.

Aboriginal Law: Commentary, Cases and Materials


T.M. Thomas Isaac - 1999
    

The Proper Role of Law Enforcement


Richard Mack - 1999
    What every cop should believe."To serve and protect" - This time-honored mission statement of American law enforcement is steadily giving way in police departments all across the nation to an ethos of intimidation, military-style siege, and disdain for citizens' rights. Richard Mack - the man who as sheriff of a rural Arizona county fought the Brady Bill gun-control law all the way to the Supreme Court and won - gives us an insider's glimpse into the pervasive forces that are relentlessly driving America towards a police state.In almost confessional style, he recounts how he came to realize, while working as a beat cop, how wrong the all-too-common orientation of police officers is when they think of their job as being "to write tickets and arrest people." Richard Mack tells of his personal transformation from "by-the-numbers" cop to constitution-conscious defender of citizens' rights and freedoms.This book is a wake-up call for all law-enforcement officers. It is a must-read for every man and woman wearing a badge. If you have a friend or relative in law enforcement, make sure you get a copy into their hands. You'll be shocked to learn just how far American law enforcement has strayed from its mission.

Race, Police, and the Making of a Political Identity: Mexican Americans and the Los Angeles Police Department, 1900-1945


Edward J. Escobar - 1999
    Incited by sensational newspaper stories and the growing public hysteria over allegations of widespread Mexican American juvenile crime, scores of American servicemen, joined by civilians and even police officers, roamed the streets of the city in search of young Mexican American men and boys wearing a distinctive style of dress called a Zoot Suit. Once found, the Zoot Suiters were stripped of their clothes, beaten, and left in the street. Over 600 Mexican American youths were arrested. The riots threw a harsh light upon the deteriorating relationship between the Los Angeles Mexican American community and the Los Angeles Police Department in the 1940s.In this study, Edward J. Escobar examines the history of the relationship between the Los Angeles Police Department and the Mexican American community from the turn of the century to the era of the Zoot Suit Riots. Escobar shows the changes in the way police viewed Mexican Americans, increasingly characterizing them as a criminal element, and the corresponding assumption on the part of Mexican Americans that the police were a threat to their community. The broader implications of this relationship are, as Escobar demonstrates, the significance of the role of the police in suppressing labor unrest, the growing connection between ideas about race and criminality, changing public perceptions about Mexican Americans, and the rise of Mexican American political activism.

In Defense of Natural Law


Robert P. George - 1999
    In his new work he extends his critique of liberalism, and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. Students as well as scholars in law, political science, and philosophy will find George's arguments stimulating, challenging, and compelling.

Getting Away with Murder: The Canadian Criminal Justice System


David M. Paciocco - 1999
    So, too, do murder trials. They enable us to be voyeurs, peering from a safe distance into the dark recesses of the human capacity for evil and deadly impulse, and allowing us to bear witness to the ceremonial punishment of wrongdoers.If the process of fatal crime and punishment fascinates, the Canadian criminal justice system infuriates, with its technicalities, its habit of coddling offenders, its abuse of victims, its inane defences, and its parole system.Using the docudrama of a crime of murder as a lead to each chapter, Getting Away with Murder: the Canadian Criminal Justice System unravels the mysteries of the criminal justice system, explaining how and why we sentence offenders and pointing out where we err, particularly with the parole system. It describes the reasons behind the system's technicalities and why some of the guilty receive their benefit. The book explores the inadequacies and excesses of criminal defences, and illustrates why the system is miserly when it comes to victims' rights. Suggesting that much of the loss of confidence in our criminal justice system is based on misunderstanding and inadequate information, the book provides information to fill in the gaps without becoming an apologia for the system.Although entertaining--written with a sense of humour and a bit of irreverence--the book is a serious, hard hitting, and candid work by a law professor who has acted both as prosecutor and defence counsel.

The Philosophy of Law: An Encyclopedia


Christopher B. Gray - 1999
    Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

Refugee Protection in International Law: Unhcr's Global Consultations on International Protection


Erika Feller - 1999
    The core international legal instrument on which they must rely to find safety is the 1951 Convention Relating to the Status of Refugees. This book examines key challenges the Convention faces, on the basis of nine papers by eminent international refugee lawyers, which were then discussed at an expert roundtable meeting in 2001 as part of UNHCR's Global Consultations on International Protection. The papers are published here in one volume, together with the conclusions of the roundtables and other documents.

Civil Law in Qing and Republican China


Kathryn Bernhardt - 1999
    Drawing on records of hundreds of cases from local archives in several parts of China, it considers such questions as the relation between codified law and legal practice, the role of legal and paralegal personnel, and the continuity in civil law between Qing and Republican China.

Young Children's Rights: Exploring Beliefs, Principles and Practice


Priscilla Alderson - 1999
    The question of finding a balance between young children's rights to protection, to provision (resources and services) and to participation (expressing their views, being responsible) is discussed. The author suggests that, in the belief we are looking after their best interests, we have become overprotective of children and deny them the freedom to be expressive, creative and active, and that improving the way adults and children communicate is the best way of redressing that balance.This second edition has been updated and expanded to include the relevance of UNCRC rights of premature babies, international examples such as the Chinese one-child policy, children's influence on regional policies, and the influence on young children's lives of policies such as Every Child Matters and those of the World Bank, IMF, OECD and UNICEF.This readable, informative and thought-provoking book is a compelling invitation to rethink our attitudes to young children's rights in the light of new theories, research and practical evidence about children's daily lives. It will be of interest to anyone who works with young children.

The Fabric of Hope: An Essay


Glenn Tinder - 1999
    This superb new volume is addressed to everyone interested in hope, regardless of their religious or philosophical beliefs. Glenn Tinder, one of our most astute and creative thinkers, probes the failure of modern, secular hope and shows, with great sensitivity and openness, why the tenets of Christian faith offer a true and meaningful source for hope amid the widespread distress, confusion, and despondency of contemporary life.

The Color of Crime: Racial Hoaxes, White Fear, Black Protectionism, Police Harassment, and Other Macroaggressions


Katheryn K. Russell - 1999
    In the minds of many, these two problems are inextricably linked. Yet opinions and beliefs about race and crime are often informed as much by myth and preconception as by fact and reality.In this important book, Katheryn K. Russell surveys the landscape of American crime and identifies some of the country's most significant racial pathologies. Why do Black and White Americans perceive police actions so differently? Is White fear of Black crime justified? Do African Americans really "protect their own"? Should they?Perhaps the most explosive and troublesome phenomenon at the nexus of race and crime is the racial hoax--a contemporary version of The Boy Who Cried Wolf. Examining both White-on-Black hoaxes such as Susan Smith's and Charles Stuart's claims that Black men were responsible for crimes they themselves committed, and Black-on-White hoaxes such as the Tawana Brawley episode, Russell illustrates the formidable and lasting damage that occurs when racial stereotypes are manipulated and exploited for personal advantage. She shows us how such hoaxes have disastrous consequences and compellingly argues for harsher punishments for offenders.Stressing that journalists, scholars, and policymakers alike have an ethical imperative to disregard and refute inflammatory or wrong-headed work on race, The Color of Crime is a lucid and forceful book, impossible to ignore.

Textbook on Land Law


Judith-Anne Mackenzie - 1999
    It focuses on the modern law, confining discussion of historical developments to the minimum necessary to understand basic principles and concentrate on the law as it is now.The book is consistently recommended to students for its accuracy and ease of use. It is written in a direct and informal style, explaining the law in non-technical language and warning of possible misunderstandings and confusions. Rules are illustrated by reference to real-life situations in a fictitious town, bringing the subject to life and enhancing the reader's understanding of problem areas. Useful features include a glossary, sample documents and further reading references.The unique and straightforward approach taken by the authors has established Textbook on Land Law as the ultimate practical land law book and makes the subject interesting and accessible. Online Resource Centre:The accompanying Online Resource Centre includes regular cases and legislation updates and has annotated web links. It also includes additional detail in relation to certain areas, designed for those needing to have a greater knowledge of some older or more complex areas of land law.

Writing to Win: The Legal Writer


Steven D. Stark - 1999
    Legal education, which focuses on judicial opinions, not instruments of persuasion, is partly to blame. Yet forceful writing is one of the most potent weapons of legal advocacy. In Writing to Win, Steve Stark, a former teacher of writing at Harvard Law, who has taught thousands of aspiring and practicing lawyers, has written the only book on the market that applies the universal principles of vigorous prose to the job of making a case--and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life writing--as well as models drawn from advertising, journalism, and fiction. It deals with the problems lawyers face in writing, from organization to strengthening and editing prose; teaches ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their practice, from memos and letters to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.No other legal writing book on the market is as practical, as focused on results, as well written as Writing to Win.

Law and Disagreement


Jeremy Waldron - 1999
    Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.'In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens.This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defenses of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin.But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews.Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements.This timely rights-based defense of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.

A Companion to Justinian's "institutes"


Ernest Metzger - 1999
    533. The Institutes, the briefest of the four works that make up the Corpus, is considered to be the cradle of Roman law and remains the best and clearest introduction to the subject. A Companion to Justinian's Institutes will assist the modern-day reader of the Institutes, and is specifically intended to accompany the translation by Peter Birks and Grant McLeod, published by Cornell in 1987. The book offers an intelligent and lucid guide to the legal concepts in the Institutes. The essays follow its structure and take up its principal subjects--for example, slavery, marriage, property, and capital and noncapital crimes--and give a thorough account of the law relating to each of them. Throughout, the authors explain technical Latin vocabulary and legal terms.

The Role of Law in International Politics Essays in International Relations and International Law


Michael Byers - 1999
    Together they examine the role that international law plays in international politics at the turn of the century.

The Jewish Children's Bible: Leviticus


Sheryl Prenzlau - 1999
    Discusses the sacrifices and the Tabernacle. Includes the beautifully illustrated BOOK OF ESTHER traditionally read during the Jewish holiday of Purim.

School Prayer And Discrimination: The Civil Rights Of Religious Minorities And Dissenters


Frank S. Ravitch - 1999
    Ravitch redirects the heated debate over prayer in the public schools. He asserts that current legal discourse, which centers this controversial issue around First Amendment rights, underestimates the ways in which school prayer fosters discrimination against religious minorities and dissenters. Arguing that traditional Constitutional doctrine is inadequate to address the harmful effects of public school religious exercises, Ravitch looks to civil rights principles and anti-discrimination laws for an alternative approach. The author confronts the discrimination issue head-on, citing recent dramatic incidents of intimidation, harassment, and physical violence toward both religious minorities and those who oppose religious observances in the schools. He examines the legal, political, and social realities that create such occurrences, concluding that discrimination is likely to become more widespread, particularly as the religious right aggressively promotes the expansion of organized religious exercises in schools. Following a survey of current civil rights statutes and their limitations in dealing with this issue, Ravitch presents a drait of a stat

The Case Against Lame Duck Impeachment


Bruce A. Ackerman - 1999
    A wake-up call, relevant even today, of the lengths to which the American right will go in order to bring down their rivals, even under the scrutinizing eyes of the world.

Norris Mcwhirter's Book Of Millennium Records


Norris McWhirter - 1999
    Topic by topic, Norris McWhirter uses an eye-catching and easy-to-follow array of lists, timelines, and color photos to track the records set in prehistory; at the birth of Christ; at 1000 A.D., at the turn of the first millennium; and all the years in between. Special attention is focused on 20th- century breakthroughs, and the breadth of subjects covered in depth is simply astonishing: clothing; clocks and timekeeping; marriage and relationships; food and drink; mathematics; medicine; war, religion, astronomy, politics; sports of every type; the arts; space travel; the media; the great civilizations; and so much more. From unsung heroes to extraordinary events, Norris McWhirter gives "snapshots" of the world's progress that put flesh on the bare bones of history 224 pages (all in color), 8 5/8 x 11 5/8.

From Expectation to Experience: Essays on Law and Legal Education


James Boyd White - 1999
    White's focus is on the intellectual and ethical possibilities of law, based on the view that law is not merely a logical enterprise, nor a mere matter of politics and power, but rather an activity of the whole mind, including its imaginative and affective capacities.The essays here are united by two basic themes. First, the essays suggest that law can usefully be regarded not only as a set of rules designed to produce results in the material world, as it usually is regarded, but also as an imaginative and intellectual activity that has as its end the claim of meaning for human experience, both individual and collective. Second, they argue that education, including in the law, works by the constant modification of expectation by experience.White claims that as we grow, whether as individuals or as a community, we constantly shape our expectations to our experiences. This happens with particular force and clarity in the law, which seeks to create both a certain set of expectations--this is how it works as a system of regulation--and a series of occasions and methods for their revision. White's interest is in the way these understandings can affect legal teaching, practice, and criticism.The essays in this book examine such topics as the nature of legal education; the possibilities for writing in the law for both judges and lawyers; the relation between the practice of making and claiming meaning as it works in the law and in literatures more usually though of as imaginative, such as poetry or drama; the ways in which the law talks, and ought to talk, about business corporations, religion, and individual judgments; and the ethical possibilities of the practice of law when it is conceived of as a field for the making of meaning.From Expectation to Experience will be of interest to lawyers, legal scholars, as well as students of law, law and literature, and ethics and literature.James Boyd White is Hart Wright Professor of Law, Professor of English, and Adjunct Professor of Classical Studies, University of Michigan.

The First Part of the Institutes of the Laws of England, Or, a Commentary Upon Littleton: Not the Name of the Author Only, But of the Law Itself


Edward Coke - 1999
    The First Part of the Institute of the Laws of England, or, A commentary upon Littleton. Not the name of the Author only, but of the Law Itself. Revised and Corrected With Additions of Notes, References, and Proper Tables, by Francis Hargrave and Charles Butler, Esqrs. Of Lincoln's Inn, Including also The Notes of Lord Chief Justice Hale and Lord Chancellor Nottingham; and An Analysis of Littleton, written by an unknown Hand in 1658-9. By Charles Butler, Esq. The Eighteenth Edition, Corrected. London, J. & W.T. Clarke, 1823. Two volumes. ccxvi,[606]; iv, [772] pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-41675. ISBN 1-58477-033-3. Cloth. $195. Coke's Institutes are thought to be the first textbooks on the modern common law. This reprint of the eighteenth edition is among the editions that Marvin claims are "preferred to the elder editions, both on account of the convenient reference to notes and for the excellent index." Marvin 205. "If Bracton first began the codification of the common law, it was Coke who completed it.... In the Institutes,... the tradition of the common law from Bracton to Littleton, whose name Coke's Commentary made famous, firmly established itself as the basis of the constitution of the Realm." Printing and the Mind of Man 126.

Antitrust Law: Economic Theory and Common Law Evolution


Keith N. Hylton - 1999
    First, Keith Hylton presents a detailed description of the law as it has developed through numerous judicial opinions. Second, he presents detailed economic critiques of the judicial opinions, drawing heavily from law and economics journals. Third, he integrates a jurisprudential perspective that views antitrust as a vibrant field of common law. This last perspective leads him to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

Government and Politics in Britain: An Introduction


John Kingdom - 1999
    With the reforming Blair government in its second term, evidence of popular disenchantment with traditional politics, globalization and new levels of terrorism, British politics continues in a state of dramatic flux. To chart the most recent developments in contemporary British politics, this edition has been updated in all its 22 chapters. * Coherent structure of this single-authored textbook makes it exceptionally easy to use and draws the threads together with a holistic perspective * Brings the subject to life by taking the reader beyond 'facts' to the fascinating questions about power, ambition, intrigue and corruption in the real world of politics * Attractively presented, with memorable quotations, cartoons, photographs, diagrams and tables to enliven the text and make the learning process involving and informative * Glossary, impressive bibliography and up-to-date chronology. * Supported by a textsite designed for students and lecturers: www.polity.co.uk/kingdom Well established as a central text for students of British politics and government, the book has also proved of wide relevance throughout the social sciences.

The Power to Destroy: How the IRS Became America's Most Powerful Agency, How Congress is Taking Control, and What You Can Do to Protect Yourself Under the New Law


William V. Roth Jr. - 1999
    government, and since its founding it has been plagued by accusations of abuses of power. In 1997 Senator William Roth spearheaded the most extensive reform effort in IRS history, resulting in the Internal Revenue Service Restructuring Bill, which passed the Senate 97-0 on May 7, 1998. Designed to increase taxpayer protections, provide oversight of the agency's managers and employees, and open up the culture of secrecy that has come to characterize the modern tax-collecting agency, the legislation has ushered in a new era in income tax.In The Power to Destroy, Senator William V. Roth, Jr., offers a behind-the-scenes account of a story that has captivated America. He outlines a brief history of how the IRS became a law unto itself and how it has destroyed the lives of ordinary Americans -- many of whom will never recover from their experiences. The horror stories from taxpayers and agency employees that Roth's investigation uncovered elicited a public outcry that demanded immediate action, from Capitol Hill to the White House, and Roth details how these stories translated into specific initiatives that served as the foundation for the actual restructuring legislation.

Constitutional Construction: Divided Powers and Constitutional Meaning


Keith E. Whittington - 1999
    The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation.Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.