In Legal Writing in Plain English, Bryan A. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work. The book encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. In essence, it teaches straight thinking—a skill inseparable from good writing.Replete with common sense and wit, the book draws on real-life writing samples that Garner has gathered through more than a decade of teaching in the field. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting. Meanwhile, Garner explores important aspects of document design. Basic, intermediate, and advanced exercises in each section reinforce the book's principles. (An answer key to basic exercises is included in the book; answers to intermediate and advanced exercises are provided in a separate Instructor's Manual, free of charge to instructors.) Appendixes include a comprehensive punctuation guide with advice and examples, and four model documents.Today more than ever before, legal professionals cannot afford to ignore the trend toward clear language shorn of jargon. Clients demand it, and courts reward it. Despite the age-old tradition of poor writing in law, Legal Writing in Plain English shows how legal writers can unshackle themselves.Legal Writing in Plain English includes:*Tips on generating thoughts, organizing them, and creating outlines.*Sound advice on expressing your ideas clearly and powerfully.*Dozens of real-life writing examples to illustrate writing problems and solutions.*Exercises to reinforce principles of good writing (also available on the Internet).*Helpful guidance on page layout.*A punctuation guide that shows the correct uses of every punctuation mark.*Model legal documents that demonstrate the power of plain English.

    Today there are more drugs in our communities and at lower prices and higher strengths than ever before.We have built large numbers of prisons, but they are overflowing with non-violent drug offenders. The huge profits made from drug sales are corrupting people and institutions here and abroad. And far from being protected by our drug prohibition policy, our children are being recruited by it to a lifestyle of drug use and drug selling.Judge Gray's book drives a stake through the heart of the War on Drugs. After documenting the wide-ranging harms caused by this failed policy, Judge Gray also gives us hope. We have viable options. The author evaluates these options, ranging from education and drug treatment to different strategies for taking the profit out of drug-dealing.Many officials will not say publicly what they acknowledge privately about the failure of the War on Drugs. Politicians especially are afraid of not appearing "tough on drugs". But Judge Gray's conclusions as a veteran trial judge and former federal prosecutor are reinforced by the testimonies of more than forty other judges nationwide.

    The plaintiff was an abused runaway named Shirley Wilder who had suffered from the system’s inequities. Wilder, as the case came to be known, was waged for two and a half decades, becoming a battleground for the conflicts of race, religion, and politics that shape America’s child-welfare system.The Lost Children of Wilder gives us the galvanizing history of this landmark case and the personal story at its core. Nina Bernstein takes us behind the scenes of far-reaching legal and legislative battles, but she also traces the life of Shirley Wilder and her son, Lamont, born when Shirley was only fourteen and relinquished to the very system being challenged in her name. Bernstein’s account of Shirley and Lamont’s struggles captures the heartbreaking consequences of the child welfare system’s best intentions and deepest flaws. In the tradition of There Are No Children Here, this is a major achievement of investigative journalism and a tour de force of social observation, a gripping book that will haunt every reader who cares about the needs of children.

    Beckwith escaped conviction twice at the hands of all-white Southern juries, and his crime went unpunished for more than three decades. Now, from Bobby DeLaughter, one of the most celebrated prosecutors in modern American law, comes the blistering account of his remarkable crusade in 1994 finally to bring the assassin of Medgar Evers to justice. This is the fascinating, real-life story of the assistant district attorney -- played by Alec Baldwin in Rob Reiner's "Ghosts of Mississippi" -- who brought closure to one of the darkest chapters of the civil rights movement.When the district attorney's office in Jackson, Mississippi, decided to reopen the case, the obstacles in its way were overwhelming: missing court records; transcripts that were more than thirty years old; original evidence that had been lost; new testimony that had to be taken regarding long-ago events; and the perception throughout the state that a reprosecution was a futile endeavor. But step by painstaking step, DeLaughter and his team overcame the obstacles and built their case.With taut prose that reads like a great detective thriller, "Never Too Late" is a page-turner of the very highest order. It charts the course of a country lawyer who, concerned about the collective soul of his community and the nature of American justice in general, dared to revisit a thirty-one-year-old case -- one so incendiary that everyone warned him not to touch it -- and win a long-overdue conviction. DeLaughter's success in this trial stands today as a landmark in the annals of criminalprosecution, and this bracing first-person account brings the saga to life as never before.

    It includes essays by eminent jurists, legal academics, and journalists who evaluate the workings of this highly esteemed institution.

    California landlord? Run your business and manage your property with the time-tested legal guide for landlords in the Golden State.Since 1985, The California Landlord's Law Book has been the reliable legal guide for California landlords, with everything you need to know about: leases and rental agreements;rent control;liability and discrimination.Includes all the legal forms you need!

    The Human Cost of Victim Disarmament Details how anti-gun laws undermine the sanctity of human life, how gun control laws violate self-rights

    His case has generated more controversy and received more attention, both national and international, than that of any other inmate currently under sentence of death in the United States of America.Mumia Abu Jamal, black, was convicted and sentenced to death in July 1982 for the murder of white police officer Daniel Faulkner on December 9, 1981. He has steadfastly maintained his innocence. Since the trial, those advocating his release or retrial have contested the validity of much of the evidence used to obtain his conviction. These accusations have been countered by members of the law enforcement community and their supporters, who have agitated for Abu-Jamal's execution while maintaining that the trial was unbiased.Based on its review of the trial transcript and other original documents, human rights organization Amnesty International believes that the interests of justice would best be served by the granting of a new trial to Mumia Abu-Jamal. This pamplet explains why.

    It is designed both as a self standing book focusing on the key issues in the subject, and as a supplement to more detailed textbooks on the subject. It is essential reading for anybody studying or practising in the field of family law. Each chapter is concerned with one of the main areas of family law (such as adoption, domestic violence, marrriage and divorce), and covers a range of themes, including the public/private divide, balancing the interests of family members, moral values and family law, cost and the legal system, and the enforcement of family law. The book reflects the interdisciplinary nature of the debates on family law, and the difficult social and political issues which these have raised.

    It provides a clear, current and comprehensive account of the subject through which the author s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging.Fully updated and revised, this Seventh Edition contains an analysis of Jones v Kernott and trusts of homes; a new treatment of dishonest assistance and unconscionable receipt; a full treatment of the law on super-injunctions; coverage of all of the trusts law cases precipitated by the collapse of Lehman Brothers; a reflection on women and equity, and the politics of trusts law; a new treatment of the Hastings-Bass principle; and analysis of over 200 new cases and the Perpetuities and Accumulations Act 2009.Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries.The seventh edition is supported by a companion website which includes: over 50 short podcast lectures by the author discussing and clarifying key topics from within the book, which cover an entire course; a set of brief video documentaries filmed on location which provide context and bring to life selected key topics; a brief introductory video presentation from the author introducing the viewer to the subject of Equity and Trusts and to the book in particular."

    

    Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights.Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices.As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights.In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy.Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

    Theoretical and practical, scholarly and engaged, domestic and transnational, this volume combines a thorough canvas of the law of the status of the sexes with an insightful authoritative treatise and creative litigation manual. The first half of the book, Foundations, interrogates the mainstream legal equality paradigm through materials drawn from theory, social science, history, and comparative law. Cases on racism, work, education, athletics, and pregnancy are examined in detail, accessibly presenting the statutory and constitutional materials of sex discrimination law in a fresh light. A chapter on Sex, Race and Nation expands on the connections between racism and sexism raised throughout. Burdens of Proof equips the litigator with basic technical skills while examining the political and theoretical issues on procedural terrain. Applications, the second half of the book, explores issues that have received less legal equality attention, including the law of the family, rape, abortion, prostitution, and pornography. The argument that gay and lesbian rights are sex equality rights is advanced. Sexual harassment in employment and education are discussed in depth. In this volume, legal doctrine and social theory are analyzed together with international and comparative perspectives supplied throughout. Sex Equality provides an exciting interdisciplinary, global, practical state-of-the-art inquiry into the past, present and possible law of relations between the sexes.

    It also serves as encouragement to attorneys who represent these victims and who have found themselves the prey of this abuse. Written in a colorful and vivid voyeur perspective, The Underground Lawyer chronicles actual case histories, courtroom activities, and some of Minn's history-changing appellate decisions where rulings have been overturned. Over the past 25 years, Minns has built a reputation as a fearless legal advocate and crusader for the little guy, and has represented hundreds of clients, from all over the United States, who have been wrongly accused by the IRS, law enforcement officers, government officials and even attorneys who took advantage, misrepresented or abused the rights of their clients. Since its initial release, law students across the country have used Minn's colorful book as an insider's guide that no one is beyond our system of justice - that despite power and authority - if someone has abused another's civil rights, taken advantage of their ignorance, or gone beyond the parameters of their authority, they may end up as the subject of a litigation or even criminal charges. Minns also clearly establishes the ground rules for overturning court decisions on appeal. Many of Minn's appellate decisions have become case law used again and again in similar legal actions.

    

    It includes analysis of the common problems faced by international institutions and their potential solutions.

    Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this common understanding.

    Why do people cling to nationalism when it can ultimately be destructive to them, to their families, and to their nations? Why are nationalist conflicts so resistant to attempts at intervention? In The Psychology of Nationalism, the conflict over Nagorno-Karabakh, the war in Sri Lanka, and interactions between students in an American college classroom form the backdrop for an analysis of why we as human beings are so drawn to nationalism. The book argues that identity issues—our attempts to shore up our sometimes-fragile sense of self—underlie the attraction that nationalism exerts on us. It then offers suggestions for negotiations and other interventions to end nationalist conflicts.

    The rules and principles making up this area of the law are clearly set out and brought to life by considering how they apply in concrete situations. At the same time, key issues in the law of tort are critically discussed in great detail.

    As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

    The terrorist attacks of September 11th and Operation Enduring Freedom in Afghanistan have raised fundamental questions about the right to use force in self-defense against terrorism, and the scope of the 'war on terror'. The question of whether there is now a new doctrine of pre-emptive self-defense has divided States. The invasion of Iraq in 2003 has prompted serious questions about the role of the United Nations and the legal basis of Operation Iraqi Freedom: had the UN Security Council authorized the use of force against Iraq? Was the US entitled to act without such authorization?This volume covers the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by States, but also the role of the UN and regional organizations in the maintenance of international peace and security.

    Freedom from government meddling and taxation. Freedom of association. These freedoms are inseparable, and they are the engines of human progress. A simple idea? Perhaps. Yet this simple idea has been responsible for more human happiness than any other. In The Joy of Freedom, David R. Henderson shines a light on freedom at work in every corner of human life, making the most powerful case for free markets since Milton and Rose Friedmans Free to Choose. Along the way, he demolishes the conventional wisdom that has justified governments role in environmental regulation, education, social security, and healthcare; and shows once and for all why government programs perpetuate poverty instead of eliminating it. Forget the dismal science: Economist Henderson writes with passion about the joyous science. You will always know where he stands: with freedom, and against tyranny-in any guise. Free and healthy, at half the costHow deregulation and the Internet can make healthcare more competitive-and less expensiveNatures best friend: property rights How property rights are protecting wildlife, from elephants to hawksInterviewing Ralph NaderNader defends regulations that kill thous

    Al Smith, a nationally known counselor to Native people suffering from alcohol and drug abuse, wanted only to earn a living. Dave Frohnmayer, the Harvard-trained Attorney General of Oregon, was planning his campaign for governor and tending to his three desperately ill daughters. But a series of miscalculations transformed a routine unemployment dispute into a constitutional confrontation.Before it was over, Frohnmayer and Smith would twice ask the United States Supreme Court to decide whether the First Amendment protects the right of Native Americans and others to seek God with the use of peyote, a form of worship some scholars believe to be more than ten thousand years old. And the Court would finally answer no; it would say, for the first time in the history of the Constitution, that the Bill of Rights provided no protection for obscure and minority religions if the legislature chose not to recognize their needs.The Court's decision produced a fierce backlash from religious leaders and ordinary citizens, culminating in the Religious Freedom Restoration Act (1993), one of the most sweeping civil-rights statutes of the past thirty years. Now that the Court has invalidated the Act, some say it will lead to a constitutional amendment and a radical change in the American law of church and state.In the tradition of A Civil Action and Gideon's Trumpet, Garrett Epps tracks the case from the humblest hearing room to the Supreme Court Chamber, skillfully building the suspense and tension that are so much a part of litigating a great case. Expertly weaving together a fascinating legal narrative with dramatic personal stories, To an Unknown God is a riveting look at how justice works-- and doesn't work-- in America today.

    It has been fully revised and updated to include all recent developments in the subject, and contains a new chapter on terrorism as well as extensive revision of the section on state responsibility. Providing a comprehensive commentary on international law as a whole, it compares the traditional legal position with the developing and evolving law in a way that is sensitive to political and economic considerations, as well as including detailed yet accessible examinations of state responsibility and international criminal law. The late Professor Cassese was a leading figure in the field, and this new edition takes full advantage of his extensive experience to provide a more personal approach to the subject than is typically found in the standard textbook, acting as good intellectual exercise for the stronger student.The late Antonio Cassese was the Editor of the Journal of International Criminal Justice. To read sample articles from the journal visit: www.jicj.oupjournals.org

    May argues that the causes of many of the language-based conflicts in the world today lie with the nation-state and its preoccupation with establishing a 'common' language and culture via mass education. The solution, he suggests, is to rethink nation-states in more culturally and linguistically plural ways while avoiding, at the same time, essentialising the language-identity link.Language and Minority Rights - a benchmark volume in the field of language rights and language policy - is an outstanding interdisciplinary analysis which draws together debates on language from widely different academic fields, including the sociology of language, ethnicity and nationalism, sociolinguistics, social and political theory, education, history and law, illustrating these debates via a wealth of different national contexts and examples. It is essential reading for students, teachers and researchers in the sociology of language, sociolinguistics, applied linguistics, language policy and planning, sociology, politics, and education.

    Expert advice on spotting and avoiding tricky questions and common mistakes50 questions from past MPRE exams with explanantions and analyses of the correct and incorrect answers - geared to the ABA Model Rules of Professional ResponsibilityAdditional questions and answers from past MPRE's - released by the National Conference of Bar Examiners

    Combining narrative with first-hand analysis, David Waller uses the example to present tangible lessons for managers involved in global business.

    Sure to enlighten and outrage, The Cheating of America is a must -- read for every citizen.

    The Bill of Rights provides nineteen separate rights for the alleged criminal offender, including the right to effective legal representation and the right to be judged without regard to race or creed. Despite these safeguards, wrongful convictions persist, and the issue has reverberated in the national debate over capital punishment. The essays in this volume are written from a cross-disciplinary perspective by some of the most eminent lawyers, criminologists, and social scientists in the field today. The articles are divided into four sections: the causes of wrongful convictions, the social characteristics of the wrongly convicted, case studies and personal histories, and suggestions for changes in the criminal justice system to prevent wrongful convictions. Contributors examine a broad range of issues, including the fallibility of eyewitness testimony, particularly in cross-racial identifications; the disadvantages faced by racial and ethnic minorities in the criminal justice system; and the impact of new technologies, especially DNA evidence, in freeing the innocent and bringing the guilty to justice. The book also asks such questions as: What legal characteristics do wrongful convictions share? What are the mechanisms that defendants and their attorneys use to overturn wrongful convictions? The book also provides case studies that offer specific examples of what can and does go wrong in the criminal justice system.

    Such is the pattern revealed by this historical mosaic. --From the Preface Weaving historical source material with his own incisive analysis, Jack Beatty traces the rise of the American corporation, from its beginnings in the 17th century through today, illustrating how it has come to loom colossus-like over the economy, society, culture, and politics. Through an imaginative selection of readings made up of historical and contemporary documents, opinion pieces, reportage, biographies, company histories, and scenes from literature, all introduced and explicated by Beatty, Colossus makes a convincing case that it is the American corporation that has been, for good and ill, the primary maker and manager of change in modern America. In this anthology, readers are shown how a developing "business civilization" has affected domestic life in America, how labor disputes have embodied a struggle between freedom and fraternity, how corporate leaders have faced the recurring dilemma of balancing fiduciary with social responsibility, and how Silicon Valley and Wall Street have come to dwarf Capitol Hill in pervasiveness of influence. From the slave trade and the transcontinental railroad to the software giants and the multimedia conglomerates, Colossus reveals how the corporation emerged as the foundation of representative government in the United States, as the builder of the young nation's public works, as the conqueror of American space, and as the inexhaustible engine of economic growth from the Civil War to today. At the same time, Colossus gives perspective to the century-old debate over the corporation's place in the good society.A saga of freedom and domination, success and failure, creativity and conformity, entrepreneurship and monopoly, high purpose and low practice, Colossus is a major historical achievement.From the Hardcover edition.

    Since publication of the 2nd edition there have been 14 Acts making changes to the Mining Act. But the biggest change in the practical application of mining law has been caused by native title. This book looks at these changes.

    

    Calhoun (1782-1850) remains one of the major figures in American political thought, many of his critics have tried to discredit him as merely a southern partisan whose ideas were obsolete even during his lifetime. In Calhoun and Popular Rule, H. Lee Cheek, Jr., attempts to correct such misconceptions by presenting Calhoun as an original political thinker who devoted his life to the recovery of a "proper mode of popular rule". He argues that Calhoun had a coherent, systematic view of human nature and society and made a lasting contribution to the theory of constitutionalism and democracy.Cheek suggests that Calhoun was not a political or philosophical aberration, but an authentic exponent of American constitutionalism. He contends that Calhoun's view of democracy forms part of a philosophy of humankind and politics that has relevance beyond the American experience. Although his idea of popular rule was original, it was also related to earlier attempts in America and elsewhere to limit the power of the majority and protect minority interests. According to Cheek, Calhoun stood in the American political tradition and attempted to rearticulate some of its central elements. He explains Calhoun's idea of the concurrent majority and examines how it has been presented by Calhoun's critics, as well as his followers.As the first combined evaluation of Calhoun's most important treatises, The Disquisition and The Discourse, this work merges Calhoun's theoretical position with his endeavors to restore the need for popular rule. It also compares Calhoun's ideas with those of other great political thinkers such as Thomas Jefferson and James Madison -- while explaining what istruly unique about Calhoun's political theories.Calhoun's philosophy -- his understanding of the need for ethical and political restraint and for institutional means for obtaining concurrence -- is still relevant today, especially given the current growing ethnic and cultural conflict of the Western world. Scholars of government and political thought, as well as those interested in understanding "popular rule" and its theoretical and practical impact on modern American government, will find this groundbreaking work to be of great value.

    Practical rationality aims to identify and characterize reasons for action and to explain how choice between actions worth performing can be appropriately governed by rational standards. Natural Law and Practical Rationality is a defense of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts.

    In this extraordinary collection, an array of leading legal philosophers evaluates the success of Hart's responses to Dworkin.

    Those most deeply affected are the poor. Displaced by deforestation, dam-building and degradation of natural resources, they are the first victims of poor sanitation, contaminated water, polluted air and scarce wood. This edition of Environmental Law and Policy in India retains the familiar analytical structure of the 1991 edition, but is thoroughly revised and updated. More than 4/5ths of the material is new. The volume is interlaced with notes, comments and questions to encourage critical thinking among lawyers and law students. It compiles all the leading cases in environmenmtal law in India with concise extracts of landmark judgments and documents. It focuses on environmental law, policy, problems and needs with the comprehensiveness of an American law case book.

    Continuing in the format of the previous editions, a wide variety of subjects are included: individual carols and songs; historical events at Christmastime; popular Christmas symbols; Christmas plants, place names, and stamps; and celebrations in countries around the world, including the origins of some of the most cherished traditions in the United States. Unique to this work is its emphasis on Christmas as depicted in the popular media, with entries covering literary works such as Call Me Mrs. Miracle and Silver Bells, classic television series such as Bonanza and Little House on the Prairie, motion pictures such as Arthur Christmas and Santa Clause 3, and television specials expressing holiday themes.

    Follows Luther's insights and practice.

    Changes in the law endorsed by the Restatement (3rd) are explored. The casebook strives to invigorate the study of intentional torts by going beyond the traditional personal injury approach. Battery is considered in its increasing application in environmental litigation. The torts of intentional interference with contractual and economic relations, which almost all students will encounter in whatever field of practice(e.g. corporate, entertainment, public interest) they ultimately choose are introduced in the basic intentional tort section including the case that nearly bankrupt Texaco and the potential liability of an environmental public interest group for encouraging a boycott. The negligence section addresses controversies ranging from parental liability for failure to prevent a child from committing homicides, mental distress for exposure to toxic pollutants to tobacco industry liability. The necessity defense is considered in the context of Katrina. Negligence is critiqued from feminist, economic and other perspectives. Cases have been selected for their teachability and stimulation for students. Notes are straight forward to allow professors freedom to focus on policy concerns.

    This book considers the law relevant to assessing how such terrorist' acts should be understood in legal terms, which responses to them are permissible and how those responses are to be pursued. It considers some of the actions that have unfolded since 9/11 (military intervention, law enforcement initiatives, human rights restrictions and abuse) prompting questions as to the 'war on terror's lawfulness. The volume clearly designates areas of international law where interest has escalated beyond traditional academic legal circles.

    territories. Foreign in a Domestic Sense will redefine the boundaries of constitutional scholarship. More than four million U.S. citizens currently live in five “unincorporated” U.S. territories. The inhabitants of these vestiges of an American empire are denied full representation in Congress and cannot vote in presidential elections. Focusing on Puerto Rico, the largest and most populous of the territories, Foreign in a Domestic Sense sheds much-needed light on the United States’ unfinished colonial experiment and its legacy of racially rooted imperialism, while insisting on the centrality of these “marginal” regions in any serious treatment of American constitutional history. For one hundred years, Puerto Ricans have struggled to define their place in a nation that neither wants them nor wants to let them go. They are caught in a debate too politicized to yield meaningful answers. Meanwhile, doubts concerning the constitutionality of keeping colonies have languished on the margins of mainstream scholarship, overlooked by scholars outside the island and ignored by the nation at large. This book does more than simply fill a glaring omission in the study of race, cultural identity, and the Constitution; it also makes a crucial contribution to the study of American federalism, serves as a foundation for substantive debate on Puerto Rico’s status, and meets an urgent need for dialogue on territorial status between the mainlandd and the territories.Contributors. José Julián Álvarez González, Roberto Aponte Toro, Christina Duffy Burnett, José A. Cabranes, Sanford Levinson, Burke Marshall, Gerald L. Neuman, Angel R. Oquendo, Juan Perea, Efrén Rivera Ramos, Rogers M. Smith, E. Robert Statham Jr., Brook Thomas, Richard Thornburgh, Juan R. Torruella, José Trías Monge, Mark Tushnet, Mark Weiner

    Designed to be used by congregations and church leaders, as well as by ministerial students, Doing Justice opens new vistas for community action in support of the poor, the disadvantaged, and the disenfranchised of our society.

    Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law.    Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist’s negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes—it’s all in here, so tuck in!

    

    In Legal Recognition of Same-Sex Partnerships, an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.

    This was the first text to examine in detail the intellectual property rights protecting artistic works and artists' rights generally in the United Kingdom. First published in 2001, Art and Copyright has established itself as a leading text in the field. Now revised and updated, the second edition includes expanded coverage of Artist's Resale Right and the relationship between designs law and artistic works, as well as greater coverage of new media and art, and digital developments generally. It also includes additional precedent materials and checklists. It remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners and all those interested in how the law protects artistic works.

    Placing the legal history of women in the broader social, political, and economic context of American history, this book examines the evolution of women's constitutional status in the United States, the development of rights consciousness among women, and their attempts to expand zones of freedom for all women. This is the first general account of women and American constitutional history to include the voices of women alongside the more familiar voices of lawmakers. An original work of historical synthesis, it delineates the shifting relationships between American law practice and women, both within the family and elsewhere, as it looks beyond the campaign for woman suffrage to broader areas of contest and controversy. Women's stories are used throughout the book to illustrate the extraordinary range and persistence of female rebellion from the 1630s up through the present era of post-feminist retrenchment and backlash. Belonging to the World: Women's Rights and American Constitutional Culture dispels the myth that the story of women and the law is synonymous only with woman suffrage or married women's property acts, showing instead that American women have struggled along many fronts, not only to regain and expand their rights as sovereign citizens, but also to remake American culture.

    Volume I explores the relationship between law and politics by emphasizing the real-world impact of the Court's opinion on the operation of United States political institutions, while Chapters begin with a vignette that illustrates a real-world example of the impact of Supreme Court decisions and end with a suggested reading list. The cases are introduced with headnotes that briefly describe the facts, the people involved, and the final vote by the justices.Volume I Describes the authority held by the different branches of government and the distribution of power between the national government and the states. Covers topics such as separation of powers, federalism, congressional and state commerce power, and the protection of private property and ownership rights. Volume II Explains the evolution of civil rights and liberties in the United States, including freedom of speech and religion, the rights of the accused, the right to privacy, the right to equal protection under the law, and more.

    As a result, in matters of personal law--the segment of law concerning marriage, dowry, divorce, parentage, legitimacy, wills, and inheritance--individuals of different backgrounds must appeal to their respective religious laws for guidance or rulings. But balancing the claims of religious communities with those of a modern secular state has caused some intractable problems for India as a nation. Religion and Personal Law in Secular India provides a comprehensive look into the issues and challenges that India faces as it tries to put a uniform civil code into practice.Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.

    Moreover, the extent to which gender influences the international legal regime designed to address the humanitarian problems arising from armed conflict has similarly been ignored. In the early 1990s, prompted by extensive media coverage of the rape of women during the conflict in Bosnia Herzegovina, the international community was forced to critically examine the capacity of international law to respond to such crimes. The prevalence of sexual violence, is, however, merely one aspect of the distinctive impact of conflict on women. Although a range of factors influence the way individual women experience armed conflict, the endemic gender discrimination that exists in all societies is a common theme: from Cambodia, where women land-mine victims are less likely to receive treatment for their injuries than are men; to South Africa, where women widowed during the Apartheid years have become outcasts in their own society. To date, the extent to which international law addresses the myriad of ways in which women are affected by armed conflict has received little attention. This work takes the experience of women of armed conflict, matches it with existing provisions of international law, and investigates reasons for the silence of the latter in relation to these events for women. It is the first broad-based critique of international humanitarian law from a gender perspective. The contribution of the United Nations, through its focus on human rights, to improving the protection of women in armed conflict is also considered. The authors underscore the need for new approaches to the issue of women and armed conflict, and canvass a range of options for moving forward.

    O'NeilA well-known First Amendment advocate explains the new threats to free expression posed by damage suits.This book explores a highly contentious set of issues involving freedom of speech and press. Until very recently, publishers and producers have assumed that, with a few exceptions like libel, freedom of expression was absolute and safe from civil liability in the form of damage awards. In the late 1990s, these complacent assumptions were sharply challenged. The case of the Hit-Man Manual signaled the shift. After a hired assassin had been convicted of a brutal murder in a Washington, D.C. suburb, it turned out he had used a book that contained graphic, detailed instructions on how to carry out an execution. When the family of the victims sued the publisher for wrongful death, a federal appeals court ruled that the book was "not protected speech" since its apparent purpose was "to facilitate murder." The publisher was thus, for the first time, potentially liable for criminal acts committed by a reader of one of its books. Later cases, especially a suit against Natural Born Killers' producer Oliver Stone, have invoked this ruling in seeking to impose liability on those who create and distribute material that causes others to inflict injury or death.Noted First Amendment scholar Robert M. O'Neil looks at seven areas where free expression is now at risk of incurring civil liability--libel and slander (including a separate analysis of libel on the Internet), privacy (paparazzi and others who intrude), defective or dangerous "products," incitement (the claim of a link between speech and criminal acts, as in the Natural Born Killers case), advertising, news-gathering (for example, the Food Lion/ABC Primetime Live case, ) and threats and incitement on the Internet (as in the anti-abortion Nuremberg website case.) O'Neil's clear exposition and analysis illuminate the issues for a broad range of readers concerned about a host of new threats to, and the limits of, free expression.

    This, the second book in David P. Currie's multivolume series, looks to the legislative and executive branches for insights into the development of constitutional interpretation.Currie examines the period of Republican hegemony from the inauguration of Thomas Jefferson in 1801 to the election of Andrew Jackson in 1829. During this time of great leadership and controversy, many benchmark issues—the abolition of the new Circuit Courts, the Louisiana Purchase, the Burr conspiracy, the War of 1812, the Monroe Doctrine, and the Missouri Compromise, among others—were debated and decided almost exclusively in the legislative and executive arenas. With its uniquely legal perspective and comprehensive coverage, The Constitution in Congressillustrates how the executive and legislative branches matched the Supreme Court in putting flesh and blood onto the skeleton of the Constitution.

    This book investigates the construction of social reality in the relationship between the United States and Puerto Rico over the past 100 years.

    Much of the literature on race and crime to date has treated the category of "race" unproblematically; debate on this topic has focused primarily on the assumption that members of certain racial groups are most likely to commit crimes.In charting a different path, the authors in this collection provide critical and historical analyses of the connections between processes of "racialization" and "criminalization" in Canada. The book seeks to engage the reader in thinking critically about how conceptualizations of racial identity and crime are interwoven. The editors begin by arguing for a need to shift from an analysis of "race" to an analysis of "racialization" in order to create the space for new ways of looking at the connections between race and crime. They investigate the history of the treatment of racialized people in Canada, looking at the processes through which First Nations people, immigrants, and people of colour have been defined in racialized terms and the way in which state policy has racialized individuals and groups. The insights provided by the historical backdrop situates the problematic legal positions First Nations people and people of colour occupied vis-a-vis the criminal justice system.Contemporary analyses of "race" and crime continue to highlight the on-going, complex, and subtle nature of the issues. Understanding how individuals are racialized in the legal system forms one of the main themes in this collection. Specifically, these discussions involve identifying the processes through which racialized groups and individuals are criminalized. The processes of racialization and criminalization come together in many contexts including various criminal justice institutions like the police and social institutions like the media.

    It's from this central premise that Patrick Macklem builds his argument in this outstanding and significant work.Why does this special relationship exist? What does it entail in terms of Canadian constitutional order? There are, Macklem argues, four complex social facts that lie at the heart of the relationship. First, Aboriginal people belong to distinctive cultures that were and continue to be threatened by non-Aboriginal beliefs, philosophies, and ways of life. Second, prior to European contact, Aboriginal people lived in and occupied North America. Third, prior to European contact, Aboriginal people not only occupied North America; they exercised sovereign authority over persons and territory. Fourth, Aboriginal people participated in and continue to participate in a treaty process with the Crown. Together, these four social conditions are exclusive to the Aboriginal people of North America and constitute what Macklem refers to as indigenous difference.Exploring the constitutional significance of indigenous difference in light of the challenges it poses to the ideal of equal citizenship, Macklem engages an interdisciplinary methodology that treats constitutional law as an enterprise that actively distributes power, primarily in the form of rights and jurisdiction, among a variety of legal actors, including individuals, groups, institutions, and governments. On this account, constitutional law refers to an ongoing project of aspiring to distributive justice, disciplined but not determined by text, structure, or precedent. Far from threatening equality, constitutional protection of indigenous difference promotes equal and therefore just distributions of constitutional power.The book details constitutional rights to Aboriginal people that protect interests associated with culture, territory, sovereignty, and the treaty process, and explores the circumstances in which these rights can be interfered with by the Canadian state. It also examines the relation between these rights and the Canadian Charter of Rights and Feedoms, and proposes extensive reform of existing treaty processes in order to protect and promote their exercise.Macklem's book offers a challenge to traditional understandings of the constitutional status of indigenous peoples, relevant not only to Canadian debates but also to those in other parts of the world where indigenous peoples are asserting greater autonomy over their collective futures.

    In Illinois Justice, Kenneth Manaster takes us behind the scenes of one of the most spectacular. The so-called Scandal of 1969 not only ended an Illinois Supreme Court justice’s aspirations to the US Supreme Court, but also marked the beginning of little-known lawyer John Paul Stevens’s rise to the high court. In 1969, citizen gadfly Sherman Skolnick accused two Illinois Supreme Court justices of accepting valuable bank stock from an influential Chicago lawyer in exchange for deciding an important case in the lawyer’s favor. The resulting feverish media coverage prompted the state supreme court to appoint a special commission to investigate. Within six weeks and on a shoestring budget, the commission mobilized a small volunteer staff to reveal the facts. Stevens, then a relatively unknown Chicago lawyer, served as chief counsel. His work on this investigation would launch him into the public spotlight and onto the bench. Manaster, who served on the commission, tells the real story of the investigation, detailing the dead ends, tactics, and triumphs. Manaster expertly traces Stevens’s masterful courtroom strategies and vividly portrays the high-profile personalities involved, as well as the subtleties of judicial corruption. A reflective foreword by Justice Stevens himself looks back at the case and how it influenced his career. Now the subject of the documentary Unexpected Justice: The Rise of John Paul Stevens, Manaster’s book is both a fascinating chapter of political history and a revealing portrait of the early career of a Supreme Court justice.

    It covers the politically tumultuous years between 1989 and 1999 and scrutinizes almost every constitutional problem that arose in this period. This decade witnessed political instability at the centre, it saw the decline of one-party rule in New Delhi, and it was the time when federalism and regional parties came into their own. These developments have now led to demands for a review of the constitution.The essays in this volume deal with issues concerning the president, parliament, and the states. A.G. Noorani shows that though none of these institutions have worked satisfactorily, the panacea is not a radical overhaul of the constitution but a thorough transformation of the political culture of the country. The introduction surveys events since 1950, when the constitution came into being.Lucidly written, extensively footnoted and with leads to other sources, this collection of essays will interest legal academics, lawyers, constitutional experts, and informed lay readers.

    In Openness, Secrecy, Authorship: Technical Arts and the Culture of Knowledge from Antiquity to the Renaissance, Pamela Long combines intellectual history with the history of science and technology to explore the culture of authorship. Using classical Greek as well as medieval and Renaissance European examples, Long traces the definitions, limitations, and traditions of intellectual and scientific creation and attribution. She examines these attitudes as they pertain to the technical and the practical. Although Long's study follows a chronological development, this is not merely a general work. Long is able to examine events and sources within their historical context and locale. By looking at Aristotelian ideas of Praxis, Techne, and Episteme. She explains the tension between craft and ideas, authors and producers. She discusses, with solid research and clear prose, the rise, wane, and resurgence of priority in the crediting and lionizing of authors. Long illuminates the creation and re-creation of ideas like "trade secrets," "plagiarism," "mechanical arts," and "scribal culture." Her historical study complicates prevailing assumptions while inviting a closer look at issues that define so much of our society and thought to this day. She argues that "a useful working definition of authorship permits a gradation of meaning between the poles of authority and originality," and guides us through the term's nuances with clarity rarely matched in a historical study.