Best of
Law

2002

Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights


Thom Hartmann - 2002
    He begins by uncovering an original eyewitness account of the Boston Tea Party and demonstrates that it was provoked not by "taxation without representation" as is commonly suggested but by the specific actions of the East India Company, which represented the commericial interests of the British elite.Hartmann then describes the history of the Fourteenth Amendment--created at the end of the Civil War to grant basic rights to freed slaves--and how it has been used by lawyers representing corporate interests to extend additional rights to businesses far more frequently than to freed slaves. Prior to 1886, corporations were referred to in U.S. law as "artificial persons." but in 1886, after a series of cases brought by lawyers representing the expanding railroad interests, the Supreme Court ruled that corporations were "persons" and entitled to the same rights granted to people under the Bill of Rights. Since this ruling, America has lost the legal structures that allowed for people to control corporate behavior.As a result, the largest transnational corporations fill a role today that has historically been filled by kings. They control most of the world's wealth and exert power over the lives of most of the world's citizens. Their CEOs are unapproachable and live lives of nearly unimaginable wealth and luxury. They've become the rudder that steers the ship of much human experience, and they're steering it by their prime value--growth and profit and any expense--a value that has become destructive for life on Earth. This new feudalism was not what our Founders--Federalists and Democratic Republicans alike--envisioned for America.It's time for "we, the people" to take back our lives. Hartmann proposes specific legal remedies that could truly save the world from political, economic, and ecological disaster.

Textbook On The Philippine Constitution


Hector S. De Leon - 2002
    

Race, Space, and the Law: Unmapping a White Settler Society


Sherene H. Razack - 2002
    Writers who share this terrain reject the idea that spaces, and the arrangement of bodies in them, emerge naturally over time. Instead, they look at how spaces are created and the role of law in shaping and supporting them. They expose hierarchies that emerge from, and in turn produce, oppressive spatial categories. The authors' unmapping takes us through drinking establishments, parks, slums, classrooms, urban spaces of prostitution, parliaments, the main streets of cities, mosques, and the U.S.-Canada and U.S.-Mexico borders. Each example demonstrates that "place," as a Manitoba Court of Appeal judge concluded after analyzing a section of the Indian Act, "becomes race.

A Lawyer's Life


Johnnie Cochran - 2002
    In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America's best - and most controversial lawyers - for leading 'the Dream Team' defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story.Cochran emerged from the trial as one of the nation's leading African-American spokespersons - and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean "P. Diddy" Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines - and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they've read his whole story.Drawing on Cochran's most intriguing and difficult cases, A Lawyer's Life shows how he's fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer's attempt to make us all truly equal in the eyes of the law.

The Redbook: A Manual on Legal Style


Bryan A. Garner - 2002
    Unlike most style or grammar guides, it focuses on the special needs of legal writers, answering a wide spectrum of questions about grammar and style both rules as well as exceptions. The Redbook also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. The "how-to" sections deal with editing and proofreading, numbers and symbols, and overall document design.

The Constitution of the United States


R.B. Bernstein - 2002
    The Constitution of the United States

Community-Based Participatory Research for Health: From Process to Outcomes


Meredith Minkler - 2002
    In addition to a fine collection of case studies, this book puts the key issues for researchers and practitioners in a historical, philosophical, and applied, practical context

Working with Contracts: What Law School Doesn't Teach You


Charles M. Fox - 2002
    This book introduces the basic elements of contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and, addresses issues that arise in reviewing contracts, including due diligence issues.

Natural Rights and the Right to Choose


Hadley Arkes - 2002
    With that move, they have talked themselves out of the ground of their own rights. But the irony is that they have made this transition without the least awareness, and indeed with a kind of serene conviction that they have been expanding constitutional rights. Since 1965, in the name of privacy and autonomy, they have unfolded, vast new claims of liberty, all of them bound up in some way with the notion of sexual freedom, and yet this new scheme of rights depends on a denial, at the root, of the premises and logic of natural rights. Hadley Arkes argues that the right to choose an abortion has functioned as the right that has shifted the political class from doctrines of natural right. The new right to choose overturned the liberal jurisprudence of the New Deal, and placed jurisprudence on a notably different foundation. And so even if there is a right to abortion, that right has been detached from the logic of natural rights and stripped of moral substance. As a consequence, the people who have absorbed these new notions of rights have put themselves in a position in which they can no longer offer a moral defense of any of their rights. Hadley Arkes is the Edward Ney Professor of American Institutions at Amherst College. He is the author of First Things (Princeton, 1986), Beyond the Constitution (Princeton, 1990), and The Reform Constitution (Princeton, 1994). He has been a contributor to First Things, the journal that took its name from his book of that title.

Scottsboro, Alabama: A Story in Linoleum Cuts


Lin Shi Khan - 2002
    They were arrested and tried in four days, convicted of rape, and eight of them were sentenced to death. The ensuing legal battle spanned six years and involved two landmark decisions by the Supreme Court. One of the most well known and controversial legal decisions of our time, the Scottsboro case ignited the collective emotions of the country, which was still struggling to come to terms with fundamental issues of racial equality.Scottsboro, Alabama, which consists of 118 exceptionally powerful linoleum prints, provides a unique graphic history of one of the most infamous, racially-charged episodes in the annals of the American judicial system, and of the racial and class struggle of the time. Originally printed in Seattle in 1935, this hitherto unknown document, of which no other known copies exist, is presented here for the first time. It includes a foreword by Robin D.G. Kelley and an introduction by Andrew H. Lee. Mr. Lee discovered the book as part of a gift to the Tamiment Library by the family of Joe North, an important figure in the Communist Party-USA, and an editor at the seminal left-wing journal, the New Masses.A true historical find and an excellent tool for teaching the case itself and the period which it so indelibly marked, this book allows us to see the Scottsboro case through a unique and highly provocative lens.

Lawyers' Latin: A Vade-Mecum


John Montgomery Gray - 2002
    Professional and comprehensive, yet lighthearted, it is immensely readable and has assumed a readership far beyond the lawyers for whom it was primarily designed to assist. All those interested in or curious about Latin may like to dip in to discover such particularly succinct phrases as uberrimae fidei (of the utmost [good] faith), in tenebris (in the dark), doli capax (capable, legally, of wrong or fraud) or mala fide (in bad faith). Few learn Latin in school and young lawyers with minimal knowledge of the language will experience considerable difficulty as they continue to meet it, particularly in old reported cases, academic articles, statutes and in decisions of EC institutions and even falling from the lips of renegade judges. When Latin brings progress and comprehension to a halt, what then? Reach for Lawyers' Latin.

Loud Hawk: The United States versus the American Indian Movement


Kenneth S. Stern - 2002
    The case did not end until 1988, after thirteen years of pretrial litigaion. It stands as the longest pretrial case in U.S. history.This is a dramatic story of people and of government abuse of the legal system, of judicial courage and bone-chilling bigotry. It is an insider’s view of the legal process and of the conditions in Indian country that led up to and followed Wounded Knee.

Wild Law


Cormac Cullinan - 2002
    It is an inspiring and stimulating book for anyone who cares about Earth and is concerned about the direction in which the human species is moving.

Juridical Unconscious: Trials and Traumas in the Twentieth Century


Shoshana Felman - 2002
    How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice.Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically expressionless.Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the juridical unconscious of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.

Legalize This!: The Case for Decriminalizing Drugs


Douglas N. Husak - 2002
    Nearly half a million drug offenders are incarcerated in US jails, more than the total number of prisoners in 1980 and more than the entire EU prison population. In some states more is spent on maintaining the prison system than on education. Current drug policies lead to immense personal suffering, as well as police corruption, organized crime and contempt for the law, and make drugs more dangerous because they are illegal and thus not subject to proper controls. Politicians from all sides of the political spectrum are beginning to ask: is it worth it?In arguing that criminalization is unjust, Douglas Husak explodes many of the myths that surround drug use. In some years, more than half of high school seniors take drugs, yet the US is not overrun with drug-crazed addicts. Horror stories of the dangers of drug use abound, but the truth is more prosaic; although recreational drugs are sometimes bad for users, there are between 80 and 90 million US citizens who have used illicit drugs without ill effects.

Test Your Professional English: Law


Nick Brieger - 2002
    Each book contains over 60 tests and over 500 key words and expressions. They are ideal for class use or self-study.

Sex, Law, and Society in Late Imperial China


Matthew Sommer - 2002
    During this time, the basic organizing principle for state regulation of sexuality shifted away from status, under which members of different groups had long been held to distinct standards of familial and sexual morality. In its place, a new regime of gender mandated a uniform standard of sexual morality and criminal liability across status boundaries—all people were expected to conform to gender roles defined in terms of marriage.This shift in the regulation of sexuality, manifested in official treatment of charges of adultery, rape, sodomy, widow chastity, and prostitution, represented the imperial state’s efforts to cope with disturbing social and demographic changes. Anachronistic status categories were discarded to accommodate a more fluid social structure, and the state initiated new efforts to enforce rigid gender roles and thus to shore up the peasant family against a swelling underclass of single, rogue males outside the family system. These men were demonized as sexual predators who threatened the chaste wives and daughters (and the young sons) of respectable households, and a flood of new legislation targeted them for suppression.In addition to presenting official and judicial actions regarding sexuality, the book tells the story of people excluded from accepted patterns of marriage and household who bonded with each other in unorthodox ways (combining sexual union with resource pooling and fictive kinship) to satisfy a range of human needs. This previously invisible dimension of Qing social practice is brought into sharp focus by the testimony, gleaned from local and central court archives, of such marginalized people as peasants, laborers, and beggars.

Machinery of Death: The Reality of America's Death Penalty Regime


David R. Dow - 2002
    Routledge is an imprint of Taylor & Francis, an informa company.

Supreme Justice: Speeches and Writings: Thurgood Marshall


Thurgood Marshall - 2002
    Clay Smith, Jr., focus on the Detroit riots of the 1940s and 1950s, one of the most important periods of Marshall's life, culminating in his arguments before the Supreme Court in Brown v. Board of Education and Bolling v. Sharpe, which in 1954 struck down de jure segregation in public education. Throughout the materials from the next four decades, Marshall comes to life as a teacher, leader, and strategist, explaining, preaching, and cajoling audiences to stand up for their rights. The addresses collected by Smith present a less formal picture of Marshall, from which one can learn much about the depth of his skills and strategies to conquer racism, promote democracy, and create a world influenced by his vision for a just and moral society.Supreme Justice reveals Marshall as a dogged opponent of unequal schools and a staunch proponent of the protection of black people from violence and the death penalty. Through his own words we see the genius of a man with an ability to inspire diverse crowds in clear language and see him also demonstrate his powers of persuasion in formal settings outside the court. His writings not only enhance our understanding of his groundbreaking advocacy in law and social conflicts, they reveal the names of men and women of all races who made significant contributions leading to Brown v. Board of Education and beyond.

The Unsleeping Eye: Secret Police and Their Victims


R.J. Stove - 2002
    But while there are many books about espionage, until now very little has been written about the history of secret policing, which played such a grim role in the totalitarian movements of the twentieth century.Robert J. Stove begins his story of how secret police became a central institution of modern life with Sir Francis Walsingham, spymaster to Elizabeth I of England who created a network of secret agents and assassins to subvert the Queen's Catholic opponents. He concludes with a fascinating portrait of J. Edgar Hoover, whose surveillance of "enemies within" put American democracy to the test.At the heart of The Unsleeping Eye is a provocative account of how secret police helped build and sustain the modern totalitarian state. Joseph Fouche, Napoleon's minister of police, made surveillance and informing into an art form ("Where are are three," Fouche once said, "I always have one listening") and coupled spying with propaganda techniques that made it doubly effective. Stove chronicles the development of domestic surveillance in Russia, from the time of Ivan the Terrible to its final refinement under Stalin, who brought Lenin's ideal of "organized terror" to perfection in collaboration with his brutal head of secret police, Lavrenti Beria. ("You bring me the man," Beria once said chillingly, "and I'll find you the crime.") He also shows how the Gestapo and other police organizations led by demented individuals like Heinrich Himmler defined the essence of Nazism, part of which was Himmler's deluded notion that "the members of the Gestapo are men with human kindness, human hearts, and absolute rightness."The inside story of the secret policemen who defined the state of their art, The Unsleeping Eye takes us into the darkest corners of government. It is a narrative filled with forceful personalities and unsettling anecdotes, which leaves us wondering about the brave new worlds of manipulation and terror that may await us.

Discrimination Law


Sandra Fredman - 2002
    Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Weeping in the Playtime of Others: America's Incarcerated Children


Kenneth Wooden - 2002
    During his research he uncovered an astoundingly high incidence of emotional and physical abuse, torture, and commercial exploitation of the children by their keepers, individuals who received public funds to care for them. After observing the brutal treatment of these youths, a significant number of whom were not criminals but runaways or mentally disabled, Wooden described the conditions in which these children lived in Weeping in the Playtime of Others.

Diversity and Self-Determination in International Law


Karen Knop - 2002
    Her analysis also reveals that key cases have grappled with this problem of diversity. Challenges by marginalized groups to the culture or gender biases of international law emerge as integral to the cases, as do attempts to meet these challenges.

Friends of the Court: The Privileging of Interest Group Litigants in Canada


Ian Brodie - 2002
    After explaining how the Court was pressured to welcome more interest groups in the late 1980s, Brodie introduces a new theory of political status describing how the Court privileges certain groups over others. By uncovering the role of the state in encouraging and facilitating litigation, this book challenges the idea that interest group litigation in Canada is a grassroots phenomenon.

The Law Of Evidence


Ian Dennis - 2002
    It takes an account of evidence theory, psychological research on information processing and retrieval, socio-legal work on police investigations, and jury research projects. It reviews changes to the law, brought about by the Criminal Justice Act 2003.

Recovering Canada: The Resurgence of Indigenous Law


John Borrows - 2002
    Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to constitute Aboriginal / Crown relations in Canada. He suggests that the application of Indigenous legal perspectives to a broad spectrum of issues that confront us as humans will help Canada recover from its colonial past, and help Indigenous people recover their country. Borrows concludes by demonstrating how Indigenous peoples' law could be more fully and consciously integrated with Canadian law to produce a society where two world views can co-exist and a different vision of the Canadian constitution and citizenship can be created.

Using A Law Library: A Student's Guide To Legal Research Skills


Peter Clinch - 2002
    Its practical approach will help students undertake particular research problems, and it shows how to record and present the results of research in projects, dissertations and theses. The information is presented under standard headings, with diagrams and charts provided where possible to aid in the practical use of complex publications. The whole range of modern electronic sources is also explained.

Inside the Death Chamber: Exploring Executions


L. Kay Gillespie - 2002
     This book analyses the effects capital punishment has in everyone involved in capital punishment. It addresses the questions and concerns of everyday people in a straightforward manner, such as what living on death row is like, and why executions are so costly, etc. For anyone interested in criminal justice particularly capital punishment.

Payment Systems


James Brook - 2002
    To give your class practice in applying the basic legal precepts and operative rules of payment systems, be sure to require or recommend PAYMENT SYSTEMS, EXAMPLES AND EXPLANATIONS, Second Edition.

A Handbook of International Peacebuilding: Into the Eye of the Storm


John Paul Lederach - 2002
    The editors, John Paul Lederach and Janice Moomaw Jenner, have gathered a stellar panel of seasoned experts who illustrate how to approach international peacebuilding with effective actions and approaches gained through experience that will contribute ultimately to a more positive outcome. Based on the experience of the contributors-- work as global peace brokers, the book includes a wide array of guidelines, pragmatic approaches, and models of constructive, culturally appropriate ways to respond to conflict.

Constitutional Law (The New Constitutional & Administrative Law, #1)


Iain Currie - 2002
    It deals comprehensively with the structure of government established by the Constitution and with the fundamental principles on which the new constitutional law is based. Volume I also contains an introduction to the Bill of Rights.

A practical exposition of the Ten Commandments


James Durham - 2002
    It was prefaced by recommendations from two well known English Puritan commentators of his day, William Jenkyn and Dr. John Owen (who had also written a preface to Durhams Song of Solomon). Owen notes what those already familiar with Durhams ministry knew well. Durham was quite excellent at handling case divinity or cases of conscience, as it is noted in many of the subtitles of his works. Owen writes: In particular instances, cases relating to daily practice are so distinctly proposed, stated and determined, as that the whole is a complete Christian directory in our walking before God in all duties of obedience. Let the pious reader single out any one duty or head of duties to make his trial upon, and, if I greatly mistake not, he will discern with what wisdom, and from what deep experience, his plain directions are managed, and do proceed. The volume is rich in practical Puritan application of the Law of God. This new edition retains all the original prefacing material by Owen, Jenkyn, and John Carstares, the original editor of the manuscripts of many of Durhams works. The text has been revised as far as possible without marring the authors work, to reflect contemporary spelling, punctuation and usage. Numerous paragraph breaks were added as well to aid the reader, and numbering of points and divisions were changed or added in an attempt to clarify the outline and flow of Durhams expositions. The work has been completely indexed with subject, author and scripture reference indices. Comments on the text, obscure words or phrases, and historical background, have been noted by way of editorial footnotes.

Contract Law and Theory: Selected Provisions: Restatement of Contracts and Uniform Commercial Code (2013)


Robert E. Scott - 2002
    

The Selected Papers, Vol. 1: The Woman Rebel, 1900-1928


Margaret Sanger - 2002
    The Selected Papers of Margaret Sanger, Volume 1 is composed of Sanger’s letters, diaries, journals, articles, and speeches, most of which have not appeared previously in print. Now in paperback, the book documents the critical phases and influences of an American feminist icon and offers rare glimpses into her working-class childhood, burgeoning feminism, spiritual and scientific interests, sexual explorations, and diverse roles as wife, mother, lover, nurse, journalist, radical socialist, and activist.

China's Long March Toward Rule of Law


Randall Peerenboom - 2002
    Randall Peerenboom asserts that China is in transition from rule by law to a version of rule of law, although not a liberal democratic version. In addition to scholars and students, this book is of interest to business professionals, policy advisors, and governmental and non-governmental agencies.

The Oxford Handbook of Jurisprudence and Philosophy of Law


Jules L. Coleman - 2002
    Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for anyone working in legal theory and of interest tolegal scholars generally, philosophers and legal theorists looking for a way in to understand current jurisprudential thinking.

Introduction to Jurisprudence and Legal Theory: Commentary and Materials


James Penner - 2002
    It sets out a course of study that offers a highly effective series of introductions into a wide variety of theories and theoretical perspectives, from traditional approaches such as Natural Law to modern ones such as Feminist Theory, Economic Analysis of Law and Foucault and Law.

Criminal Law (Palgrave Macmillan Law Masters)


Jonathan Herring - 2002
    It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.

A Constitutional History of Secession


John Remington Graham - 2002
    Born in Minnesota, John Remington Graham is a constitutional-law attorney who served as an advisor on secession to the amicus curiae for Quebec.

Employment Law: Cases and Materials


Steven L. Willborn - 2002
    This new edition has a Teacher's Manual (available only to faculty, directly from the Publisher) and a statutory companion volume, Employment Law: Selected Statutes and Regulations, 1998 Edition.

On Law and Legal Reasoning


Fernando Atria - 2002
    In particular,it seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning. Two features of law and legal reasoning are treated as being of particular importance in this regard: law is institutional, and legal reasoning is formal. These two features are so closely connected that it is reasonable to believe that in fact they are simply two ways of looking at the same issue. This becomes clearer as the focus of the book shifts from the institutional nature of law to the consequences of this for legal reasoning, and which is the principal focus of the book.The author received the European Academy of Legal Theory award in 2000 for the doctoral dissertation on which this work was based.

Partnership Law


Geoffrey Morse - 2002
    It is a valuable tool for practitioners who need a readily available source of information on partnership law as well as students of partnership law.The work explains the essential characteristics of the subject, highlighting difficult and developing areas by reference to both established and modern cases and legislation. In addition to UK authorities, of which there are an increasing number at a high level, it also covers cases from many parts of the Commonwealth that still use the Partnership Act of 1890.New developments such as the amendments to the law on limited partnerships and changes to the legislative framework of limited liability partnerships are covered.In essence the book explains the essential characteristics of the subject through areas such as formation, regulation and dissolution of partnership and has insightful commentary that even experienced lawyers find useful.

Persuasive Written and Oral Advocacy: In Trial and Appellate Courts


Michael R. Fontham - 2002
    It takes the reader from start to finish through the processes of writing, editing, and presenting effective written arguments, and also preparing and delivering persuasive oral arguments.

The Lawmakers: Judicial Power and the Shaping of Canadian Federalism


John T. Saywell - 2002
    Macdonald and his colleagues. In this engaging and exhaustive examination of the critical role of the courts - the Judicial Committee of the Privy Council and the Supreme Court of Canada - in shaping Canadian federalism, John Saywell argues that the courts always have and still do 'make law' - law that can be largely subjective and often bears little relationship to the text or purposes of the Constitution.Saywell begins his analysis by offering new evidence and insights on the structure of the 1867 constitution. Relying heavily on the voices of the actors themselves, his analysis moves beyond a simple examination of previously published reports and examines oral arguments before the Judicial Committee, largely from manuscripts, to determine how the Committee interacted with counsel, developed their arguments, and came to their conclusions. Critical of the jurisprudence of the Judicial Committee, which he argues virtually eliminated some of the critical legislative powers of the federal government and destroyed its capacity to act on the economic and social problems of the twentieth century, Saywell credits the Supreme Court with restoring the balance in the federation and strengthening the national government. Comprehensive, ambitious, and detailed, "The Lawmakers" will be the definitive work on the evolution of the law of Canadian federalism.

The Gay Rights Question in Contemporary American Law


Andrew Koppelman - 2002
    In this book Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that courts cannot and should not impose it.The Gay Rights Question in Contemporary American Law offers an unusually nuanced analysis of the most pressing gay rights issues. Does antigay discrimination violate the Constitution? Is there any sound moral objection to homosexual conduct? Are such objections the moral and constitutional equivalent of racism? Must state laws recognizing same-sex unions be given effect in other states? Should courts take account of popular resistance to gay equality? Koppelman sheds new light on all these questions. Sure to upset purists on either side of the debate, Koppelman's book criticizes the legal arguments advanced both for and against gay rights. Just as important, it places these arguments in broader moral and social contexts, offering original, pragmatic, and workable legal solutions.

Deeds for California Real Estate


Mary Randolph - 2002
    Whenever you transfer real estate in the Golden State -- because of marriage, divorce, death or for estate planning purposes -- you need a new deed. "Deeds for California Real Estate" shows you how to choose the right kind of deed, create it, then file it with the county recorder. It has all the forms you'll need, with step-by-step instructions for completing them quickly and accurately. This book also shows you how to: change the way you hold title to real estate add someone to the title of real estate you own transfer real estate into, or out of, a revocable living trust use real estate as security for a loan buy out a co-owner of real estate "Deeds for California Real Estate" also explains disclosure requirements, community property rules, and tax and estate planning aspects of property transfers. The 7th edition is completely updated with the latest disclosure forms, federal gift and estate tax numbers, and information for registered domestic partners.

Neither Bad Nor Mad: The Competing Discourses of Psychiatry, Law and Politics


Deidre N. Greig - 2002
    In doing so, it interfered with the law's protection of civil rights and also with professional distinctions between a certifiable mental illness and the broader concept of mental disorder. The ensuing legal processes highlighted the ambiguous, contingent and negotiable nature of the boundary between badness and madness.The issues raised by this case transcend a government's singular action, highlighting matters such as the duty of care in a forensic setting; diagnostic uncertainties; debates about treatment; the responsibility of politicians to protect the community; and the difficulties inherent in translating clinical concepts into an acceptable legal format. Neither Bad Nor Mad analyses the interaction between psychiatry and the law in an absorbing account of one case with extensive ramifications.

Language in the Legal Process


Janet Cotterill - 2002
    Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law that is ideal for students studying forensic linguistics or language and law, or who want to relate their more general discourse studies to real-life situations. This book demonstrates the methods of linguistic analysis in whole range of discourse and communication encounters in the legal process, presented by world experts in the field.

Social Rights and Market Freedom in the European Constitution: A Labour Law Perspective


Stefano Giubboni - 2002
    Drawing on the idea of 'embedded liberalism', Giubboni analyzes the infiltration of EC competition and market law into national systems of labor and social security law, and provides a normative framework for conceptualizing the transformation of regulatory techniques implemented at the EU level.

Adomnán at Birr, AD 697: Essays in Commemoration of the Law of the Innocents


Thomas O'Loughlin - 2002
    This Law, known as the Cain Adomnan or Lex Innocentium, was to protect women, children and non-combatants in warfare, and it was remembered for generations as a significant moment in Irish legal history. Yet today the law, and its author, are barely known.This book consists of three essays on Adomnan by the three foremost authorities on him and his monastery at that time, together with a translation of the law itself.

Domestic Violence and the Politics of Privacy


Kristin A. Kelly - 2002
    Great strides have been made in some areas--such as protection orders and shelter provision--but the problem as a whole has proven extremely resistant to countermeasures. In Domestic Violence and the Politics of Privacy, Kristin A. Kelly argues that understanding this resistance requires a recognition of the tension within liberalism between preserving the privacy of the family and protecting vulnerable individuals. Practical, real-world information gained from frontline workers underpins the author's suggestions for how to address this tension. In emphasizing the roles of democratic institutions and community participation in determining the shape of future policy about domestic violence, Kelly replaces the traditional opposition of the public and private spheres with a triangular relationship. The state, the family, and the community comprise the three corners.Kelly builds upon interviews with more than forty individuals working directly on the problem of domestic violence. Her model is further formed by a critical analysis of the theoretical and legal frameworks used to understand and regulate the relationship between public and private.

Something Slimy On Primrose Drive (Pathway Books)


Karen Wallace - 2002
    When the strange Wolfbane family moves in next to the ultra-conservative Rigid-Smythes, changes and misunderstandings flourish as the families attempt to track down a notorious thief.

Bush v. Gore: The Question of Legitimacy


Bruce A. Ackerman - 2002
    Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court’s actions. Did the Court’s decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments?The contributors—Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet—represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.