Best of
Law

2005

History on Trial: My Day in Court with a Holocaust Denier


Deborah E. Lipstadt - 2005
    At stake were not only the reputations of two historians but the record of history itself.

America's Constitution: A Biography


Akhil Reed Amar - 2005
    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

Men in Black: How Judges are Destroying America


Mark R. Levin - 2005
    Levin in his explosive book, Men in Black. “But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims––robbing us of our basic freedoms and the values on which our country was founded.” In Men in Black: How the Supreme Court Is Destroying America , Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights.  Levin writes: “Barely one hundred justices have served on the United States Supreme Court. They’re unelected, they’re virtually unaccountable, they’re largely unknown to most Americans, and they serve for life…in many ways the justices are more powerful than members of Congress and the president.… As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation.” In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be “coercive.” How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words “wall of separation” between church and state in a 1947 Supreme Court decision––a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.

The Heritage Guide to the Constitution


Edwin Meese III - 2005
    Constitution as never before, including a clause-by-clause analysis of the document, each amendment and relevant court case, and the documents that serve as the foundation of the Constitution.

Surviving Justice: America's Wrongfully Convicted and Exonerated


Dave Eggers - 2005
    They were wrongfully convicted because of problems that plague many criminal proceedings: inept defense lawyers, overzealous prosecutors, deceitful and coercive interrogation tactics, bad science, snitches, and eyewitness misidentification. The lives of these victims of the U.S. criminal justice system were effectively wrecked. Finally free, usually after more than a decade of incarceration, they re-enter society with nothing but the scars from a harrowing descent into prison only to struggle to survive on the outside.The thirteen men and women portrayed here, and the hundreds of others who have been exonerated, are the tip of the iceberg. There are countless others (thousands by all estimates) who are in prison today for crimes they did not commit. These are the stories of some of the wrongfully convicted, who have managed, often by sheer luck, to prove their innocence. Their stories are spellbinding, heartbreaking, unimaginable, and ultimately inspiring. After reading these deeply personal accounts, you will never look at the criminal justice system the same way. (from the publisher's website)

The Devil's Advocate


Iain Morley - 2005
    Written in a humorous and engaging style, this pocket-sized ready-reckoner is easy to read with the text presented in easily absorbable sections. The author steers the reader through the key principles and practical applications of advocacy, step by step in a clear and logical manner.

The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold


Geoffrey Robertson - 2005
    The man they briefed was the radical lawyer John Cooke. His Puritan conscience, political vision, and love of civil liberties gave him the courage to bring the King's trial to its dramatic conclusion: the creation of the English Republic. Cooke would pay dearly for role in the trial. Charles I was found guilty and beheaded, but eleven years later Cooke himself was arrested, tried, and brutally executed at the hands of Charles II.Geoffrey Robertson, an internationally renowned human rights lawyer, provides a vivid new reading of the tumultuous Civil War years, exposing long-hidden truths: that the King was guilty as charged, that his execution was necessary to establish the sovereignty of Parliament, that the regicide trials were rigged and their victims should be seen as national heroes.John Cooke sacrificed his own life to make tyranny a crime. His trial of Charles I, the first trial of a head of state for waging war on his own people, became a forerunner of the trials of Augusto Pinochet, Slobodan Milosevic, and Saddam Hussein. This is a superb work of history that casts a revelatory light on some of the most important issues of our time.

High Conflict People in Legal Disputes


Bill Eddy - 2005
    Everybody knows someone with a High Conflict Personality. "How can he be so unreasonable?" "Why does she keep fighting? Can't she see how destructive she is?" "Can you believe they're going to court over ______?"Some HCPs are more difficult than others, but they tend to share a similar preoccupation with blame that drives them into one dispute after another—and keeps everyone perplexed about how to deal with them.Using case examples and an analysis of the general litigation and negotiation behaviors of HCPs, this book helps make sense of the fears that drive people to file lawsuits and complaints. It provides insight for containing their behavior while managing and/or resolving their disputes. Characteristics of the five "high-conflict" personality disorders are explored:BorderlineNarcissistic Histrionic ParanoidAntisocialBill Eddy is a lawyer, therapist, mediator, and President of the High Conflict Institute. He developed the "High Conflict Personality" theory and is an international expert on the subject. He is a Certified Family Law Specialist and Senior Family Mediator at the National Conflict Resolution Center. He has taught at the University of San Diego School of Law, is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College, and lectures at Monash University in Australia.

Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey


Linda Greenhouse - 2005
    In clear and forceful prose, Becoming Justice Blackmun tells a judicial Horatio Alger story and a tale of a remarkable transformation . . . A page-turner."--The New York Times Book ReviewIn this acclaimed biography, Linda Greenhouse of The New York Times draws back the curtain on America's most private branch of government, the Supreme Court. Greenhouse was the first print reporter to have access to the extensive archives of Justice Harry A. Blackmun (1908-99), the man behind numerous landmark Supreme Court decisions, including Roe v. Wade.Through the lens of Blackmun's private and public papers, Greenhouse crafts a compelling portrait of a man who, from 1970 to 1994, ruled on such controversial issues as abortion, the death penalty, and sex discrimination yet never lost sight of the human beings behind the legal cases. Greenhouse also paints the arc of Blackmun's lifelong friendship with Chief Justice Warren E. Burger, revealing how political differences became personal, even for two of the country's most respected jurists.From America's preeminent Supreme Court reporter, this is a must-read for everyone who cares about the Court and its impact on our lives.

David Ball on Damages: The Essential Update: A Plaintiff's Attorney's Guide to Personal Injury and Wrongful Death Cases


David A. Ball - 2005
    The book provides step-by-step guidance for attorneys seeking money for their clients. Ball explains why jurors give, why they do not, and how to motivate them to do the former instead of the latter. He walks readers through voir dire, opening, testimony, and closing, providing practical, effective, and innovative methods for pursuing damages. Now, in this expanded, second edition, Ball includes methods to contend with the way today's jurors view lawyers and their clients. The techniques provide tools to counter sophisticated opposition tactics, the public mood, and laws and rules that continue to grow more hostile.

Executed on a Technicality: Lethal Injustice on America's Death Row


David R. Dow - 2005
    He changed his position as the men on death row became real people to him, and as he came to witness the profound injustices they endured: from coerced confessions to disconcertingly incompetent lawyers; from racist juries and backward judges to a highly arbitrary death penalty system.It is these concrete accounts of the people Dow has known and represented that prove the death penalty is consistently unjust, and it's precisely this fundamental-and lethal-injustice, Dow argues, that should compel us to abandon the system altogether.

The Law and Policy of the World Trade Organization: Text, Cases and Materials


Peter Van den Bossche - 2005
    It explores the institutional aspects of the WTO together with the substantive law. New to this edition are examinations of the WTO rules on the protection of intellectual property and the rules on technical barriers to trade and sanitary and phytosanitary measures. Assignments are integrated throughout to allow students to assess their understanding, while chapter summaries reinforce learning. In addition further-reading sections have been added to each chapter and exercises have been included to draw on primary sources and real-life trade scenarios, enabling students to hone their practical and analytical skills. The title is an essential tool for any student of the WTO, either at undergraduate or postgraduate level.

A Life and Death Decision: A Jury Weighs the Death Penalty


Scott E. Sundby - 2005
    Twelve people now face a momentous choice. Bringing drama to life, A Life and Death Decision gives unique insight into how a jury deliberates. We feel the passions, anger, and despair as the jurors grapple with legal, moral, and personal dilemmas. The jurors' voices are compelling. From the idealist to the holdout, the individual stories-- of how and why they voted for life or death-- drive the narrative. The reader is right there siding with one or another juror in this riveting read. From movies to novels to television, juries fascinate. Focusing on a single case, Sundby sheds light on broader issues, including the roles of race, class, and gender in the justice system. With death penalty cases consistently in the news, this is an important window on how real jurors deliberate about a pressing national issue.

Imperialism, Sovereignty and the Making of International Law


Antony Anghie - 2005
    Traditional histories of the discipline present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.

The Ivey Guide to Law School Admissions: Straight Advice on Essays, Résumés, Interviews, and More


Anna Ivey - 2005
    In this book-the first of its kind by a former law school admissions officer-she draws on her expertise to cover topics from the application and the essay to the interview and the recommendations, touching on hot-button issues like how much the LSAT, ethnicity, and age really matter. Offering an insider's advice on how to produce the very best application, this guide gives straight answers to questions such as: • What kind of essay should I write to set me apart from the rest of the pack?• Should I explain my low LSAT score, my D in chemistry, my attention deficit disorder, my time in rehab? • Is law school worth the debt I'll face when I graduate? Full of invaluable examples and anecdotes about real admissions decisions, The Ivey Guide to Law School Admissions is certain to become the new bible for would-be law students everywhere.

The Will to Survive


Bobby Smith - 2005
    Book

The Constitutional Convention: A Narrative History from the Notes of James Madison


James Madison - 2005
    The incompatible demands of the separate states threatened its existence; some states were even in danger of turning into the kind of tyranny they had so recently deposed. A truly national government was needed, one that could raise money, regulate commerce, and defend the states against foreign threats–without becoming as overbearing as England. So thirty-six-year-old James Madison believed. That summer, the Virginian was instrumental in organizing the Constitutional Convention, in which one of the world’s greatest documents would be debated, created, and signed. Inspired by a sense of history in the making, he kept the most extensive notes of any attendee.Now two esteemed scholars have made these minutes accessible to everyone. Presented with modern punctuation and spelling, judicious cuts, and helpful notes–plus fascinating background information on every delegate and an overview of the tumultuous times–here is the great drama of how the Constitution came to be, from the opening statements to the final votes. This Modern Library Paperback Classic also includes an Introduction and appendices from the authors.

No Place for Children: Voices from Juvenile Detention


Steve Liss - 2005
    Most are nonviolent offenders. Many have mental health or substance abuse problems. All have been failed by some combination of their families, schools, churches, and communities. But instead of addressing these young people’s needs for treatment, rehabilitation, and basic nurturing, we lock them away in an overburdened juvenile justice system that can do little more than warehouse troubled children. This courageous work of photojournalism goes inside the system to offer an intimate, often disturbing view of children’s experiences in juvenile detention. Steve Liss photographed and interviewed young detainees, their parents, and detention and probation officers in Laredo, Texas. His striking photographs reveal that these are vulnerable children—sometimes as young as ten—coping with a detention environment that most adults would find harsh. In the accompanying text, he brings in the voices of the young people who describe their already fractured lives and fragile dreams, as well as the words of their parents and juvenile justice workers who express frustration at not having more resources with which to help these kids. As Marian Wright Edelman asks in the foreword, “What does it say about us that the only thing our nation will guarantee every child is a costly jail or detention cell, while refusing them a place in Head Start or after-school child care, summer jobs, and other needed supports?” In the best tradition of photojournalism, No Place for Children is a call to action on behalf of America’s at-risk youth.

Women's Lives, Men's Laws


Catharine A. MacKinnon - 2005
    As Peter Jennings once put it, more than anyone else in legal studies, she has made it easier for other women to seek justice. This collection, the first since MacKinnon's celebrated Feminism Unmodified appeared in 1987, brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.By making visible the deep gender bias of existing law, MacKinnon has recast legal debate and action on issues of sex discrimination, sexual abuse, prostitution, pornography, and racism. The essays in this volume document and illuminate some of the momentous and ongoing changes to which this work contributes; the recognition of sexual harassment, rape, and battering as claims for sexual discrimination; the redefinition of rape in terms of women's actual experience of sexual violation; and the reframing of the pornography debate around harm rather than morality. The perspectives in these essays have played an essential part in changing American law and remain fundamental to the project of building a sex-equal future.

The Case for Palestine: An International Law Perspective


John Quigley - 2005
    Since 2000, the cycle of bloodshed and retribution has spiraled increasingly out of control. Quigley attributes the breakdown of negotiations in 2000 to Israel’s unwillingness to negotiate on the basis of principles of justice and law. He argues that throughout the last century, established tenets of international law—and particularly the right of self-determination—have been overlooked or ignored in favor of the Zionists and then the Israelis, to the detriment of the Palestinians. In this volume, Quigley provides a thorough understanding of both sides of the conflict in the context of international law. He contends that the Palestinians have a stronger legal claim to Jerusalem than do the Israelis; that Palestinian refugees should be repatriated to areas including those within the borders of Israel; and that Israel should withdraw from the territory it occupied in 1967. As in his earlier volume, Quigley provides an extensively documented evaluation of the conflict over the last century, discussing the Zionist movement, the League of Nations’ decision to promote a Jewish homeland in Palestine, the 1948 war and creation of Israel, and Israel’s occupation of the West Bank, Gaza Strip, and Golan Heights during the 1967 war.

Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands


Lindsay G. Robertson - 2005
    At the heart of the decision for Johnson v. M'Intosh was a discovery doctrine that gave rights of ownership to the European sovereigns who discovered the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European discovery of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

Muzzlers, Guzzlers, and Good Yeggs


Joe Coleman - 2005
    He is best known for his rich oil paintings, but what many don't know is that he has also created an impressive body of sequential, black-and-white art, which this volume collects. As with his paintings, Coleman is obsessed with violence and dementia, particularly in regard to cultural antiheroes and serial killers. Muzzlers, Guzzlers, and Good Yeggs collects the best of his true crime tales. Like a blend of Breughel and the EC horror comics of the 1950s, Coleman's character studies are dripping with lurid imagery and a pulp sensibility, rendered with careful draughtsmanship and dense with information. Coleman is obsessed with fear, the fear that inspires the horrible acts of the people he writes about, as well as the fear that their acts inspire. Muzzlers features five stories: "You Can't Win," which adapts the memoir of the same name by Jack Black, the notorious early 20th century con-man, thief, opium addict, convict and author; "Boxcar Bertha," which is about the depression-era female hobo who is driven to prostitution, only to be led to salvation by an unwanted pregnancy; "Carl Panzram, #31614," which depicts the life of the notorious serial killer and rapist who declared, "I hate the whole damned human race, including myself" and who expressed his thirst for murder right up to his own execution; "The Final Days of John Paul Knowles," a.k.a. "The Final Days of the Boston Strangler," which is equally a story about Sandy Fawkes, the woman who narrowly escaped being Knowles' seventeenth victim; the last story in the collection is "The Wages of Sin,"a brief manifesto on human suffering and the people and institutions that perpetuate it (priests, scientists and military, e.g.). With the exception of "The Wages of Sin," which serves as a kind of coda to the other four stories presented, each piece is written in the first person, putting the reader into the minds of each subject. Muzzlers, Guzzlers, and Good Yeggs is presented in a handsome, compact format that resembles a Big Little Book, though one strictly for grown-ups.

Carmack's Guide to Copyright & Contracts


Sharon DeBartolo Carmack - 2005
    Genealogists love to share information about their families, and the very nature of Internet fosters this practice. Probably because there is so much free information on the Web, many individuals have formed the false conclusion that "if it is on the Internet, anyone has a right to use the information as he/she sees fit." Despite the best of intentions, therefore, people will occasionally post content on a website or transmit it by e-mail without proper permission to do so.

Witnessing Their Faith: Religious Influence on Supreme Court Justices and Their Opinions


Jay Alan Sekulow - 2005
    Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.

When Brute Force Fails: How to Have Less Crime and Less Punishment


Mark A.R. Kleiman - 2005
    Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade. Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken. Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.

The Plain & Simple Guide to Music Publishing: Foreword by Tom Petty


Randall Wixen - 2005
    Publishing is one of the most complex and lucrative parts of the music business. Industry expert Randall Wixen covers everything from mechanical, performing and synch rights to sub-publishing, foreign rights, copyright basics, types of publishing deals, advice on representation and more. Get a view from the top, in plain English. This updated and revised edition has been prepared in light of the ever-changing landscape of music publishing, taking into account factors like illegal downloading and recent announcements from the Copyright Royalty Board. With an added "DIY" chapter, the author demonstrates why the playing field has changed for the traditional copyright adminstrators, and how musicians just starting out can protect their own work until they hit the big time.

Death by Design: Capital Punishment as a Social Psychological System


Craig Haney - 2005
    Relying heavily on his own research and that of other social scientists, Haney suggests that these social psychological forces enablepersons to engage in behavior from which many of them otherwise would refrain. However, by facilitating death sentencing in these ways, this inter-related set of social psychological forces also undermines the reliability and authenticity of the process, and compromises the fairness of its outcomes.Because these social psychological forces are systemic in nature - built into the very system of death sentencing itself - Haney concludes by suggesting a number of inter-locking reforms, derived directly from empirical research on capital punishment, that are needed to increase the fairness andreliability of the process. The historic and ongoing public debate over the death penalty takes place not only in courtrooms, but also in classrooms, offices, and living rooms. This timely book offers stimulating insights into capital punishment for professionals and students working in psychology, law, criminology, sociology, and cultural area studies. As capital punishment receives continued attention in the media, it is also a necessary and provocative guide that empowers all readers to come to their own conclusions about the death penalty.

The Primordial Violence: Spanking Children, Psychological Development, Violence, and Crime


Murray A. Straus - 2005
    It is based on new studies of a nationally representative sample of over 7,000 families on the prevalence and trends in use of corporal punishment, and is a key contribution to the new field of development criminology. It will be an invaluable resource for researchers and practitioners in sociology, criminology, social problems, social psychology, development studies in education and psychology, and family policy.

A Country I Do Not Recognize: The Legal Assault on American Values


Robert H. Bork - 2005
    In five insightful essays, the contributors to this volume show how these legal decisions have undermined America's sovereignty and values. They reveal how international law challenges American beliefs and interests and exposes U.S. citizens to legal and economic risks, how the "right to privacy" poses a serious threat to constitutional self-government, how the Supreme Court's religion decisions have done serious damage to our religious freedom, and more.

Advocacy


David Ross - 2005
    Focusing on the techniques and methods of successful advocates, David Ross QC shows how to prepare a case for court. Writing in simple, clear language he gives the benefit of his many years of local and international experience. This second edition features new advice about how to prepare for, and run, an appeal, as well as how to write effective submissions to court. It also describes: - how to hold a court's attention - how to start and stop a witness - how to cross-examine all types of people, from liars to experts - the methods of taking objections to questions - how to address a jury - how to follow etiquette and behave ethically - how to win impossible cases All the principles of advocacy are explained, from the striking start to knowledge of human affairs, and Advocacy is rich with examples taken from real cases.

How the Indians Lost Their Land: Law and Power on the Frontier


Stuart Banner - 2005
    This dramatic transformation has been understood in two very different ways - as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land? Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced. This story of America's colonisation remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

An Introduction to Islamic Law


Wael B. Hallaq - 2005
    Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The second part explains how the law was transformed and ultimately dismantled during the colonial period. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms, and lists of further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and history.

Beyond Justice: The Auschwitz Trial


Rebecca Wittmann - 2005
    It was the largest and most public trial to take place in the country and attracted international attention. Using the pretrial files and extensive trial audiotapes, Rebecca Wittmann offers a fascinating reinterpretation of Germany's first major attempt to confront its past.Evoking the courtroom atmosphere, Wittmann vividly recounts the testimony of survivors, former SS officers, and defendants--a cross-section of the camp population. Attorney General Fritz Bauer made an extraordinary effort to put the entire Auschwitz complex on trial, but constrained by West German murder laws, the prosecution had to resort to standards for illegal behavior that echoed the laws of the Third Reich. This provided a legitimacy to the Nazi state. Only those who exceeded direct orders were convicted of murder. This shocking ruling was reflected in the press coverage, which focused on only the most sadistic and brutal crimes, allowing the real atrocity at Auschwitz--mass murder in the gas chambers--to be relegated to the background.The Auschwitz trial had a paradoxical result. Although the prosecution succeeded in exposing SS crimes at the camp for the first time, the public absorbed a distorted representation of the criminality of the camp system. The Auschwitz trial ensured that rather than coming to terms with their Nazi past, Germans managed to delay a true reckoning with the horror of the Holocaust.

The Ancient Constitution and the Origins of Anglo-American Liberty


John Phillip Reid - 2005
    According to this idea, constitutional law was not dictated by a monarch but based on the authority of custom, passed down unaltered from time immemorial. Legal historian John Phillip Reid convincingly demonstrates that this concept of an unchanging, ancient constitution furnished English common lawyers and parliamentarians an argument with which to combat royal prerogative power. At the same time, it provided American revolutionaries with legal arguments for rejecting the British parliament's effort to impose arbitrary rule upon the colonies. Whereas modern historians have tended to fault the constitutionalists of the seventeenth and eighteenth centuries for inventing a mystical past, these polemical pamphleteers had less interest in the accuracy of their history than in its usefulness in forensic argumentation. Much as lawyers contending before the bar, they appealed to the past as precedent, as analogy, as principle--in short, as forensic history. Claiming that liberty had been more effective and secure during ancient times, they upheld an idealized Anglo-Saxon standard for testing contemporary institutions. More significantly, they called upon the authority of the ancient constitution as a defense against the innovations of the English monarchy and against the assertions of an unrepresentative parliament. The Ancient Constitution and the Origins of Anglo-American Liberty complements Reid's recent book on another cornerstone of Anglo-American jurisprudence and constitutional theory, Rule of Law. Whereas "rule of law" insists that one law applies to rulers and ruled alike, the ancient constitution embodied the ideal for what that one law should be.

The Laws of Government, 2/E: The Legal Foundations of Canadian Democracy


Craig Forcese - 2005
    This book is a one-stop-shop for an area of law and policy that is emerging quickly. Almost every year, Parliament has had to deal with controversies involving electoral reform, political fundraising rules, ethics and conflict of interest, access to information, judicial appointments, parliamentary reform, and minority governments, to name a few. The book grapples with these contemporary issues.Each chapter deals with a discrete area in the law of democratic governance, providing a detailed account of the relevant legal and policy issues and exploring the nature and likelihood of law reform. It includes original empirical research on judicial and non-judicial governor-in-council appointments, lobbying, and legislative productivity in Parliament.The book is intended as a rigorous legal resource, but one that is accessible to a non-legal audience. It has multidisciplinary appeal, incorporating public administration and political science themes. The Laws of Government is essential reading for journalists, elected officials, public servants, lobbyists and all who are interested in politics and Canadian democracy.This second edition incorporates changes in the law since 2005. In particular, the Conservative government's Federal Accountability Act, which received royal assent in December 2006, revamped the Canadian law of government accountability - especially that dealing with ethics. Since 2006, other refinements to the legal superstructure supporting democratic governance at the federal level have been put in place. All of these new developments are reflected in the revised volume.

Migration and Refugee Law: Principles and Practice in Australia


John Vrachnas - 2005
    This fully revised third edition provides an accessible analysis of the theory and practice of this complex and controversial area of the law. It considers the social and political context of migration and refugee law in devising innovative policies aimed at creating an equitable and rational immigration system. Migration and Refugee Law: Principles and Practice in Australia combines an astute consideration of theory with the creation of practical policy solutions, and is therefore an essential resource for migration lawyers and agents, government employees, students, judicial officers and policymakers.

Dismissal, Discrimination, And Unfair Labour Practices


John Grogan - 2005
    This edition of Dismissal, discrimination and unfair labour practices provides a detailed overview of the law relating to the relationship between individuals and their employers from the commencement of that relationship to its termination.

Our Republican Constitution


Adam Tomkins - 2005
    It argues that despite its outwardly monarchic form the constitution is profoundly informed, and indeed shaped, by values and practices of republicanism. The republican reading of the constitution presented in this book places political accountability at the core of the constitutional order. As such, Our Republican Constitution offers a powerful rejoinder to the current trend in legal scholarship that sees the common law and the courts, rather than Parliament, as the central players in holding government to account. The book further contends that while the constitution should be understood as having republican foundations, current constitutional practice is, in a number of respects, insufficiently republican in character. This is an original and provocative reinterpretation of the central themes of the British constitution, drawing on constitutional history (especially of the seventeenth century), political theory and public law.

Criminal Procedure II: Examples and Explanations


Richard G. Singer - 2005
    Singer s Criminal Procedure II, for the second-semester Criminal Procedure course, covers all of the post-arrest, 'bail-to-jail' topics. The Second Edition highlights important recent developments in these areas. Criminal Procedure II: From Bail to Jail: Examples and Explanations, Second Edition, features: respected educator-author Richard G. Singer the proven-effective Examples & Explanations pedagogy a clear and engaging writing style complete topical coverage that traces that of most Criminal Procedure II courses and casebooks a comparative look at different approaches taken by various jurisdictions With a greater focus on prosecutorial discretion, the Second Edition includes: a rewritten sentencing chapter examining the dramatic changes in the constitutional view on sentencing in Blakely v. Washington and Booker v. United States new chapters on: victim s rights non-criminal remedies for attorney misconduct, including disciplinary measures (and including a lengthy analysis of the prosecution of the Duke lacrosse team) speedy trial 2007 Supreme Court cases Cunningham and Rita You can trust Richard G. Singer and the Examples & Explanations series to give your students the help many of them need to get the most out of their Criminal Procedure studies.

Bora Laskin: Bringing Law to Life


Philip Girard - 2005
    Born in northern Ontario to Russian-Jewish immigrant parents, Laskin became a prominent human rights activist, university professor, and labour arbitrator before embarking on his 'accidental career' as a judge on the Ontario Court of Appeal (1965) and later Chief Justice of Canada (1973-1984). Throughout his professional career, he used the law to make Canada a better place for workers, racial and ethnic minorities, and the disadvantaged. As a judge, he sought to make the judiciary more responsive to modern Canadian expectations of justice and fundamental rights.In "Bora Laskin: Bringing Law to Life," Philip Girard chronicles the life of a man who, at all points of his life, was a fighter for a better Canada: he fought antisemitism, corporate capital, omnipotent university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and re-shape Canadian law. Girard exploits a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of a restless man on an important mission.

An Introduction To Traditional Logic: Classical Reasoning For Contemporary


Scott M. Sullivan - 2005
    A textbook for high school and university students on traditional logic.

Critical Disability Theory: Essays in Philosophy, Politics, Policy, and Law


Dianne Pothier - 2005
    In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.

Rhetoric and the Rule of Law: A Theory of Legal Reasoning


Neil MacCormick - 2005
    It explains the essential role syllogism plays in reasoning used to apply the law, and the elements needed in addition to deductive reasoning to give a full explanation of how law is applied and decisions justified through the use of precedent, analogy and principle.The book highlights that problems of interpretation, classification and relevance will always arise when applying general legal standards to individual cases. In justifying their conclusions about such problems, judges need to be faithful to categorical legal reasons and yet fully sensitive to the particulars of the cases before them. How can this be achieved, and how should we evaluate the possible approaches judges could take to solving these problems? By addressing these issues the book asks questions at the heart of understanding the nature of law and the moral complexity of the rule of law.

Just Advocacy?: Women's Human Rights, Transnational Feminism, and the Politics of Representation


Wendy S. HesfordLeigh Gilmore - 2005
    Marked by both substance and rhetoric, they are situated at the heart of many foreign policy decisions and doctrines of social change, and often serve as a justification for aggressive actions. In humanitarian and political debates about the topic, women and children are frequently considered first. Since the 1990s, human rights have become the most legitimate and legitimizing juridical and cultural claim made on a woman's behalf. But what are the consequences of equating women's rights with human rights? As the eleven essays in this volume show, the impact is often contradictory. Bringing together some of the most respected scholars in the field, including Inderpal Grewal, Leela Fernandes, Leigh Gilmore, Susan Koshy, Patrice McDermott, and Sidonie Smith, Just Advocacy? sheds light on the often overlooked ways that women and children are further subjugated when political or humanitarian groups represent them solely as victims and portray the individuals that are helping them as paternal saviors. Drawn from a variety of disciplinary perspectives in the humanities, arts, and social sciences, Just Advocacy? promises to advance a more nuanced and politically responsible understanding of human rights for both scholars and activists.

Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America


Robert A. Williams Jr. - 2005
    Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.

The Pinochet Effect: Transnational Justice in the Age of Human Rights


Naomi Roht-Arriaza - 2005
    This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe.Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

The Ways of Judgment


Oliver O'Donovan - 2005
    Mary's Church in Oxford, fulfills a promise O'Donovan (moral and pastoral theology, U. of Oxford) made at the end of The Desire of the Nation to look at Christian political ethics starting from political rather than theological questions. They consider the political act: judgment, political institutions:

The Psychology and Law of Criminal Justice Processes


Roger J.R. Levesque - 2005
    This is the first text to bridge both fields as it presents psychological research and theory relevant to each phase of criminal justice processes. The materials are divided into three parts that follow a comprehensive introduction. The introduction analyses the major legal themes and values that guide criminal justice processes and points to the many psychological issues they raise. Part I examines how the legal system investigates and apprehends criminal suspects. Topics range from the identification, searching and seizing to the questioning of suspects. Part II focuses on how the legal system establishes guilt. To do so, it centres on the process of bargaining and pleading cases, assembling juries, providing expert witnesses, and considering defendants' mental states. Part III focuses on the disposition of cases. Namely, that part highlights the process of sentencing defendants, predicting criminal tendencies, treating and controlling offenders, and determining eligibility for such extreme punishments as the death penalty. process and for the role psychological science has and can play in it.

Challenging US Human Rights Violations Since 9/11


Ann Fagan Ginger - 2005
    Meiklejohn Civil Liberties Institute Executive Director Ann Fagan Ginger has created an accessible, well-organized reference work divided into six parts:Part I, "The Mobilization of Shame," describes executive orders and new laws violating basic rights, and citizen reactions, to add up the real score in the War on Terrorism.Part II, "Where the People and their Lawyers Can Go to Redress Grievances," spells out the complaint process through the little known Office of Inspector General, and in U.S. federal and state courts.Part III, "What the Government Is Committed and Required To Do in the United Nations and the Organization of American States," describes the reporting process and how it has brought about improvements in many countries, such as new treatments for AIDS.Part IV, "Report on Human Rights Violations," forms the bulk of the book. It describes all the relevant facts in 184 reports on 30 types of violations. Activists will find all the facts they need and lawyers can reference the specific laws being violated by government officials, military personnel, agents, and contractors.Part V, "Text of Petitions, Resolutions, Ordinances," spells out what has been proposed, and adopted, since 9/11 to stop violations.Part VI, "Text of Laws Violated and Ignored," provides the language of the U.S. Constitution, Bill Of Rights, Articles in the UN Charter, the Convention Against Torture, the Geneva Conventions, and other human rights and international law treaties the U.S. has ratified or signed.This is an indispensable tool for citizens and lawyers defending civil liberties in the era of the Patriot Act and the War on Terrorism.

Purposive Interpretation in Law


Aharon Barak - 2005
    Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately.Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's purpose is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution.Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.

The Gift of Science: Leibniz and the Modern Legal Tradition


Roger Berkowitz - 2005
    The rich and famous get away with murder; Fortune 500 corporations operate sweatshops with impunity; blue-chip energy companies that spoil the environment and sicken communities face mere fines that don't dent profits. In The Gift of Science, a bold, revisionist account of 300 years of jurisprudence, Roger Berkowitz looks beyond these headlines to explore the historical and philosophical roots of our current legal and ethical crisis.Moving from the scientific revolution to the nineteenth-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law's claim to moral authority. The gift of science, however, proved bittersweet. Instead of strengthening the bond between law and justice, the subordination of law to science transformed law from an ethical order into a tool for social and economic ends. Drawing on major figures from the traditions of law, philosophy, and history, The Gift of Science is not only a mesmerizing and original intellectual history of law; it shows how modern law remains imprisoned by a failed scientific metaphysics.

Emanuel Law Outlines: Basic Federal Income Tax


Gwendolyn Griffith Lieuallen - 2005
    Relied on by generations of law school students, Emanuel Law Outlines include detailed reviews of critical issues and key topics, short answer questions, Q&A's, and correlation charts referencing leading casebooks.

Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR


Anne-Marie de Brouwer - 2005
    This study assesses the supranational criminal prosecution of sexual violence, notably whether supranational criminal law and procedure are adequate from the perspective of victims of sexual violence.

Principles Of Criminal Law


Jonathan Burchell - 2005
    Chapters examine the impact of the Constitution on the principles and practices of criminal justice, a critical appraisal of the limits on the use of force in apprehending suspects, and the implications of the Youth Justice Bill. New chapters address organized crime, including data on racketeering and money laundering, as well as a study of corporate criminal responsibility in light of modern theories and up-to-date coverage of recent anti-corruption legislation.

The Frankfurt Auschwitz Trial, 1963-1965: Genocide, History, and the Limits of the Law


Devin O. Pendas - 2005
    Drawing on a wide range of archival sources, Devin O. Pendas provides a comprehensive history of this momentous event. Situating the trial in a thorough analysis of West German criminal law, the book argues that in confronting systematic, state-sponsored genocide, the Frankfurt court ran up against the limits of law. This book provides a compelling account of the divided response to the trial among the West German public.

Principles of Constitutional Law


John E. Nowak - 2005
    This book is a shortened version based on the authors' hornbook popular with students and their six-volume treatise popular with judges, practitioners, and scholars. It analyzes the constitutional issues studied today, and discusses the origins of judicial review and federal jurisdiction, federal commerce and spending powers, state powers in light of the dormant Commerce Clause, the war power, freedom of speech and religion, equal protection, due process, and other important individual rights and liberties.

Unlocking Eu Law 2nd Edition


Tony Storey - 2005
    The series also covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications.

A New Miscellany-At-Law: Yet Another Diversion for Lawyers and Others


Robert Megarry - 2005
    Garner. A New Miscellany at Law. Yet Another Diversion for Lawyers and Others. Clark, New Jersey: The Lawbook Exchange, Ltd., December 2005. (We are co-publishers and the exclusive distributors in North and South America). xiii, 450 pp. Cloth, dust jacket. ISBN-13: 978-1-58477-631-4. ISBN-10: 1-58477-631-5. * Described by David Pannick QC in the Times, January 17, 2006 as, "one of the great works of legal literature of our times." Should horses in Charleston be required to wear diapers? Does the `hotchpot' rule apply when dividing a testator's 17 residuary elephants? Which verse in the Old Testament was the life-saving `neck verse'? May sexual intercourse be conducted on a `without prejudice' basis? These questions and many others like them are raised but not always fully answered in A New Miscellany-at-Law. This follows the same style as its two predecessors but consists of entirely new material, some of it suggested by the readers of the first two volumes. Like them, it collects accounts of strange and remarkable cases, striking court-room exchanges, wise and witty utterances from the Bench, and much else that illumines the law. For the common law world its reach is global, with many riches from the USA; and Scotland is not forgotten. Although the book is primarily for lawyers, a glossary and explanatory footnotes enable non-lawyers to share in the humour. Some may read the book from cover to cover; but for most there will be the pleasures of browsing, often surprisingly prolonged. A New Miscellany-at-Law also includes many other jewels. There is the touching Conveyancer's Ode to His Beloved, the court's refusal to consider whether trespassing bees should be classified as invitees, licensees or trespassers, a deplorable account of a wife being part-exchanged for a Newfoundland dog, the future Lord Denning's reference to a wife who `was actually committing adultery while denying it in the witness box', and `fustum funnidos tantaraboo' in Chancery.

Dead Family Walking: The Bourque Family Story of Dead Man Walking


D.D. Devinci - 2005
    No apparent motive. Very few clues.While the devout Catholic family fought to piece their lives back together after the capture and trials of the killers of their daughter, they suddenly faced an unexpected opponent who would use their story in a religious-political spin that would take the world by surprise.Dead Family Walking sheds the truth about the life of the murder-rapist buried next to bishops, priests and nuns on sacred ground in a Baton Rouge cemetery and details of his forbidden death row intimacy no one was supposed to know about.

The Pocket Guide to Legal Writing, Spiral Bound Version


Legal Studies West - 2005
    It is a reference book that allows the user to quickly obtain the answer to many commonly encountered writing questions concerning the following subjects: sentence and paragraph drafting, word selection and usage, spelling, numbers, grammar, punctuation, legal citation, legal correspondence, legal research memoranda, and court briefs. It also includes a chapter on the location of various non fee-based internet and other computer based legal research sources. In addition is a chapter discussing the various time deadlines under federal rules of civil and criminal procedure. The book is color coded so information may be easily located and designed to lie flat on a desk next to a computer. It is written in a non technical manner and designed so that it is easy to understand and use by anyone working in a law office. It includes checklist for use in conjunction with the various types of legal writing.

Locked Out: Felon Disenfranchisement and American Democracy


Jeff Manza - 2005
    In several American states, 1 in 4 black men cannot vote due to a felony conviction. In a country that prides itself on universal suffrage, how did the United States come to deny a voice to such a large percentage of its citizenry? What are the consequences of large-scale disenfranchisement--both for election outcomes, and for public policy more generally? Locked Out exposes one of the most important, yet little known, threats to the health of American democracy today. It reveals the centrality of racial factors in the origins of these laws, and their impact on politics today. Marshalling the first real empirical evidence on the issue to make a case for reform, the authors' path-breaking analysis will inform all future policy and political debates on the laws governing the political rights of criminals.

Disability Rights in Europe: From Theory to Practice


Anna Lawson - 2005
    It explores the range of legal strategies which have been adopted, both nationally and internationally, to achieve equality for disabled people and facilitate their inclusion into mainstream society. It examines current developments in anti-discrimination law, both within Member States and at EU level. It also assesses the effectiveness and potential of the human rights framework for disabled Europeans. In addition, a number of approaches to the enforcement and promotion of disability rights are considered. Contributors to this book, drawn from across Europe, represent a variety of different backgrounds. They include leading academics in the field, as well as campaigners and others working to improve or enforce disability-related legislation. The book is a unique and timely contribution to an important and rapidly expanding field of study. It will be of relevance to all those, whether lawyers or not, with an interest in disability and equality issues.

Lawyers, Guns, and Money: One Man's Battle with the Gun Industry


Carol Vinzant - 2005
    He is among the leaders of an innovative and promising strategy to circumvent the NRA's political power and courts constrained by interpretations of the Second Amendment. Through civil action he hits the gun companies where it hurts most: the bottom line. Making insurance difficult for manufacturers to get, he has helped reduce the number of cheap hand guns, "Saturday Night Specials," often used in crime. This is a riveting account of tragedy turned into action, and how the law can be used to defend victims rather than enrich corporations.

Five Ways Patricia Can Kill Her Husband: A Theory of Intentionality and Blame


Leo Zaibert - 2005
    Depending on Patricia’s mental state and beliefs, her degree of guilt for killing her husband will vary. If, for example, she set fire to her apartment fully intending to kill her husband, we would deem her more blameworthy that if the fire was an unavoidable accident. Culpability, the author argues, is commonly confused with other issues such as responsibility, accountability, and liability. Yet it is concerned exclusively with the intentional mental states we have at the time that we act. Zaibert also offers a history of the theory of culpability, and gives a fascinating analysis of the beliefs and emotions associated with blaming others.

Law and Internet Cultures


Kathy Bowrey - 2005
    It considers the ways decisions about Internet technologies are made; ideas behind global trade and innovation; power of engineers and programmers; influence of multinationals; and questions about global marketing and consumer choice. Although the volume draws upon current debates from globalization, communications and socio-legal theory, it will be comprehensible to a general audience interested in issues associated with technology and innovation.

No Moral Conscience: The Hospital for Sick Children and the Death of Lisa Shore


Sharon Shore - 2005
    

A Practical Guide to Lawyering Skills


Fiona Boyle - 2005
    This fully updated third edition continues to bring together the theory and practice of these skills in an accessible and practical context.The authors draw on their vast experience of law in practice to develop the core skills taught on both undergraduate and postgraduate courses. Skills covered include:written communication mediation information technology opinion writing drafting advocacy interviewing negotiation legal research.Each chapter uses diagrams, boxes, lists and flow charts to further explain and develop each skill and ends with a further reading section.A Practical Guide to Lawyering Skills is essential reading for all undergraduate and vocational law students seeking to develop the necessary skills to work successfully with law in the twenty-first century.

Intent in Islamic Law: Motive and Meaning in Medieval Sunn Fiqh


Paul R. Powers - 2005
    It argues that Muslim jurists treat intent as a definitive element of many actions regulated by the Shari a, and they employ a variety of means and terms to assess and categorize subjective states. Through detailed analyses of medieval Islamic texts, aided by Western philosophical examinations of intent, the author presents technically detailed yet lucid arguments about Islamic religious ritual and spirituality, the ethics of business transactions, the role of the inner self in crime and punishment, and Muslim understandings of agency and language. This is the first extensive exploration of the crucial legal issue of intent in all major areas of Islamic substantive law."

After Brown


Martha Minow - 2005
    Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.

Economic Liberties and the Constitution


Bernard H. Siegan - 2005
    He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property.Siegan brings the argument originally advanced in the first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare-most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties.About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason-the necessity-for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.

The South African Constitution


G.E. Devenish - 2005
    

Fire's Guide To Free Speech On Campus


Harvey A. Silverglate - 2005
    FIRE's Guide to Free Speech on Campus focuses on the threat to freedom of expression posed by the imposition of speech codes, under various misleading names, on campuses across the nation.

Principles of Corporate Insolvency Law


Roy M. Goode - 2005
    Professor Sir Roy Goode's reputation as the doyen of commercial law has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area.

Between God and the Sultan: A History of Islamic Law


Knut S. Vikør - 2005
    Islamic law has always existed in a tension between these two forces: God, who gave the law, and the state--the sultan--representing society and implementing the law. This tension and dynamic have created avery particular history for the law--in how it was formulated and by whom, in its theoretical basis and its actual rules, and in how it was practiced in historical reality from the time of its formation until today. That is the main theme of this book.Knut S. Vikor introduces the development and practice of Islamic law to a wide readership: students, lawyers, and the growing number of those interested in Islamic civilization. He summarizes the main concepts of Islamic jurisprudence; discusses debates concerning the historicity of Islamic sourcesof dogma and the dating of early Islamic law; describes the classic practice of the law, in the formulation and elaboration of legal rules and practice in the courts; and sets out various substantive legal rules, on such vital matters as the family and economic activity.