Best of
Law

2006

The PowerScore LSAT Logic Games Bible


David M. Killoran - 2006
    The LSAT Logic Games Bible features a detailed methodology for attacking the games section, extensive drills, and 21 real LSAT logic games with detailed analyses.

Letters to a Law Student: A Guide to Studying Law at University


Nicholas J. McBride - 2006
    It provides a useful guide to those considering a law degree or conversion course and helps students prepare for what can be a daunting first year of study.

Covering: The Hidden Assault on Our Civil Rights


Kenji Yoshino - 2006
    To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart. Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future. “This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our public and private selves as convincing to the spirit as it is to the mind.” -Adam Haslett, author of You Are Not A Stranger Here“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.” -Amy Chua, author of World on Fire“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present, why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for human rights.” -Carol Gilligan, author of In a Different Voice

The Curmudgeon's Guide to Practicing Law


Mark Herrmann - 2006
    The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.

Justice for All: Earl Warren and the Nation He Made


Jim Newton - 2006
    Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.

Are Women Human?: And Other International Dialogues


Catharine A. MacKinnon - 2006
    Exposing the consequences and significance of the systematic maltreatment of women, and its systemic condonation, this book takes us into the heart of the international law of conflict to ask - and reveal - why the international community can rally against terrorists' violence, but not against violence against women.

Democracy Reborn: The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America


Garrett Epps - 2006
    . . With a novelist's eye for biographical detail, Epps has written an . . . enthralling book.--David W. Blight, Chicago TribuneThe last battle of the Civil War wasn't fought at Appomattox by dashing generals or young soldiers but by middle-aged men in frock coats. Yet it was war all the same--a desperate struggle for the soul and future of the new American Republic that was rising from the ashes of Civil War. It was the battle that planted the seeds of democracy, under the bland heading Amendment XIV. Scholars call it the Second Constitution. Over time, the Fourteenth Amendment--which at last provided African Americans with full citizenship and prohibited any state from denying any citizen due process and equal protection under the law--changed almost every detail of our public life.Democracy Reborn tells the story of this desperate struggle, from the halls of Congress to the bloody streets of Memphis and New Orleans. Both a novelist and a constitutional scholar, Garrett Epps unfolds a powerful story against a panoramic portrait of America on the verge of a new era.

Anarchy and the Law: The Political Economy of Choice


Edward P. StringhamDaniel Sutter - 2006
    But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders.Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.

Sexual Ethics and Islam: Feminist Reflections on Qur'an, Hadith, and Jurisprudence


Kecia Ali - 2006
    In this ground-breaking, lucid, and carefully constructed work, feminist Muslim scholar Dr Kecia Ali asks how one can determine what makes sex lawful and ethical in the sight of God.Drawing on both revealed and interpretative Muslim texts, Ali critiques medieval and contemporary commentators alike to produce a balanced and comprehensive study of a subject both sensitive and urgent, making this an invaluable resource for students, scholars, and interested readers.

Minds on Trial: Great Cases in Law and Psychology


Charles Patrick Ewing - 2006
    Television series centered on courtroom trials, criminal investigations, and forensic psychology are more popular than ever. More and more people are interested in the American system of justice and the individuals who experience it firsthand.Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. Drs. Ewing and McCann take you behind the scenes of each of these cases, some involving celebrities like Woody Allen, Mike Tyson, and Patty Hearst, and explain the impact they had on the fields of psychology and the law. Many of the cases in this book, whether involving a celebrity client or an ordinary person in an extraordinary circumstance, were determined in part by the expert testimony of a psychologist or other mental health professional. Psychology has always played a vital role in so many aspects of the American legal system, and these fascinating trials offer insight into many intriguing psychological issues. In addition to expert testimony, some of the issues discussed in this entertaining and educational book include the insanity defense, brainwashing, criminal profiling, capital punishment, child custody, juvenile delinquency, and false confessions.In Minds on Trial, the authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights.Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.

A Religious Orgy in Tennessee: A Reporter's Account of the Scopes Monkey Trial


H.L. Mencken - 2006
    MenckenFiercely intelligent, scathingly honest, and hysterically funny, H.L. Mencken’s coverage of the Scopes Monkey Trial so galvanized the nation that it eventually inspired a Broadway play and the classic Hollywood movie Inherit the Wind.Mencken’s no-nonsense sensibility is still exciting: his perceptive rendering of the courtroom drama; his piercing portrayals of key figures Scopes, Clarence Darrow, and William Jennings Bryan; his ferocious take on the fundamentalist culture surrounding it all—including a raucous midnight trip into the woods to witness a secret “holy roller” service.Shockingly, these reports have never been gathered together into a book of their own—until now.A Religious Orgy In Tennessee includes all of Mencken’s reports for The Baltimore Sun, The Nation, and The American Mercury. It even includes his coverage of Bryan’s death just days after the trial—an obituary so withering Mencken was forced by his editors to rewrite it, angering him and leading him to rewrite it yet again in a third version even less forgiving than the first. All three versions are included, as is a complete transcript of the trial’s most legendary exchange: Darrow’s blistering cross-examination of Bryan.With the rise of “intelligent design,” H.L. Mencken’s work has never seemed more unnervingly timely—or timeless.

Rules of the Road: A Plaintiff Lawyer's Guide to Proving Liability


Rick Friedman - 2006
    His successful career has been distinguished by multi-million dollar verdicts and precedent-setting case law. Among many of his landmark cases are the $152 million awarded to a State Farm agent in Bellott v. State Farm, $84 million awarded to a disabled doctor in Ceimo v. Paul Revere, and $16.5 million awarded to a disabled worker in Ace v. Aetna Life Insurance Company. His verdicts to date total over $300 million. Friedman is a member of the Inner Circle of Advocates, an invitation-only group that limits its membership to 100 of the leading trial lawyers in the country.Patrick Malone is one of the leading attorneys in the eastern United States who represents victims of serious personal injuries against drug manufacturers, hospitals, and others in the medical industry.  He frequently teaches lawyer groups about cutting edge techniques in trial advocacy.  His verdict in Benedi v. McNeil PPC remains one of the largest collected judgments against a pharmaceutical company.  Malone was an award-winning investigative journalist before attending Yale Law School.  Like Rick Friedman, he is a member of the Inner Circle of Advocates and is listed in The Best Lawyers in America. Now, they share their secrets of trying complex cases to a jury, including bad faith cases.  Friedman and Malone help you consider your theme and strategy for trial using his "Rules of the Road" technique, and then takes you from the pleading through discovery and trial."Rules of the Road does not belong on your bookshelf or your desk; it belongs in your mind. Get it there before you even think about your next trial. It contains two special joys: It teaches something usable on almost every page, and what it teaches is dead-on right." - David Ball, Ph.D., author of David Ball on Damages"

How Would a Patriot Act? Defending American Values from a President Run Amok


Glenn Greenwald - 2006
    Not liberal, not conservative. Politicians were all the same and it didn’t matter which party was in power. Extremists on both ends canceled each other out, and the United States would essentially remain forever centrist. Or so he thought. Then came September 11, 2001. Greenwald’s disinterest in politics was replaced by patriotism, and he supported the war in Afghanistan. He also gave President Bush the benefit of the doubt over his decision to invade Iraq. But, as he saw Americans and others being disappeared, jailed and tortured, without charges or legal representation, he began to worry. And when he learned his president had seized the power to spy on American citizens on American soil, without the oversight required by law, he could stand no more. At the heart of these actions, Greenwald saw unprecedented and extremist theories of presidential power, theories that flout the Constitution and make President Bush accountable to no one, and no law. How Would a Patriot Act? is one man’s story of being galvanized into action to defend America’s founding principles, and a reasoned argument for what must be done. Greenwald’s penetrating words should inspire a nation to defend the Constitution from a president who secretly bestowed upon himself the powers of a monarch. If we are to remain a constitutional republic, Greenwald writes, we cannot abide radical theories of executive power, which are transforming the very core of our national character, and moving us from democracy toward despotism. This is not hyperbole. This is the crisis all Americans—liberals and conservatives--now face. In the spirit of the colonists who once mustered the strength to denounce a king, Greenwald invites us to consider: How would a patriot act today?

Broken Trust: Greed, Mismanagement & Political Manipulation at America's Largest Charitable Trust


Samuel P. King - 2006
    Upon her death in 1884, she entrusted her property--known as Bishop Estate--to five trustees in order to create and maintain an institution that would benefit the children of Hawai'i: Kamehameha Schools. A century later, Bishop Estate controlled nearly one out of every nine acres in the state, a concentration of private land ownership rarely seen anywhere in the world. Then in August 1997 the unthinkable happened: Four revered kupuna (native Hawaiian elders) and a professor of trust-law publicly charged Bishop Estate trustees with gross incompetence and massive trust abuse. Entitled Broken Trust, the statement provided devastating details of rigged appointments, violated trusts, cynical manipulation of the trust's beneficiaries, and the shameful involvement of many of Hawai'i's powerful.No one is better qualified to examine the events and personalities surrounding the scandal than two of the original Broken Trust authors. Their comprehensive account together with historical background, brings to light information that has never before been made public, including accounts of secret meetings and communications involving Supreme Court justices.

International Legal English Student's Book with Audio CDs (3): A Course for Classroom or Self-study Use


Amy Krois-Lindner - 2006
    International Legal English Second edition teaches learners how to use English in a commercial law environment and is suitable for classroom use or self-study. This second edition has fully-updated content - including twice the number of authentic case studies compared to the first edition - and contains a new unit on Transnational Commercial Law. An updated pull-out glossary is included in the Student's Book. International Legal English Second edition is ideal preparation for the Cambridge International Legal English Certificate (ILEC) and contains exam practice tasks, exam tips and a practice ILEC test.

Free in Obedience


William Stringfellow - 2006
    

Cornerstone of Liberty: Property Rights in 21st Century America


Timothy Sandefur - 2006
    That's why America's Founders guaranteed it in the Constitution. Yet in today's America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America's third century. Beginning with the role property rights play in human nature, Sandefur describes how America's Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era's abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the greater good. In this book, Sandefur explains what citizens can do to restore the Constitution's protections for this cornerstone of liberty.

The Elements of Justice


David Schmidtz - 2006
    Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of integration and unity, but the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood rather than that of a building. A theory of justice is a map of that neighborhood.

Fundamental Cases: The Twentieth-Century Courtroom Battles that Changed our Nation


Alan M. Dershowitz - 2006
    Professor and civil liberties lawyer Alan Dershowitz looks at history through the prism of the trial, because a trial presents a snapshot of what is going on at a particular point in time in the nation's history.

Feminist Legal Theory: A Primer


Nancy Levit - 2006
    M. Verchick. In this outstanding primer, the authors introduce the diverse strands of feminist legal theory and the array of substantive legal issues relevant to women's and gender studies. The book centers on feminist legal theories--including equal treatment theory, cultural feminism, dominance theory, critical race feminism, lesbian feminism, postmodern feminism, and ecofeminism. The authors also address feminist legal methods, such as consciousness raising and storytelling.The primer demonstrates the ways feminist legal theory operates in real-life contexts, including domestic violence, reproductive rights, workplace discrimination, education, sports, pornography, and global issues of gender. Levit and Verchick highlight a sweeping range of cutting edge topics at the intersection of law and gender, such as single sex schools, women in the military, abortion, same sex marriage, date rape, and the international trafficking in women and girls.At its core, Feminist Legal Theory shows the importance of the role of law and feminist legal theory in shaping contemporary gender issues.

International Legal English Teacher's Book


Jeremy Day - 2006
    The book offers invaluable background information about the law topics discussed, giving teachers the confidence to explore these topics with their students. The Teacher's Book guides the teacher through the exercises in the book and suggests optional consolidation activities along the way. It includes 45 extra photocopiable activities and adds a whole new communicative dimension to the course, with lots of ideas for discussion and role-plays.

Discourses of Denial: Mediations of Race, Gender, and Violence


Yasmin Jiwani - 2006
    But nobody pauses to consider the historical antecedents and root causes of these tragedies. Discourses of Denial uncovers how racism, sexism, and violence interweave deep within the foundations of our society. Using examples from the lives of immigrant girls and women of colour, Yasmin Jiwani considers the way accepted definitions of race and gender shape and influence public consciousness. In linking race, gender, and violence, this book makes an important contribution to our understanding of the complex and interconnected influences that shape the violence of contemporary social reality and that contour the lives of racialized women.

Tort Law


Emily Finch - 2006
    It is designed to help you understand what is important about tort law, enable you to remember the important cases and statutes, and show you how to apply your knowledge effectively in exams.

The Law of Armed Conflict: International Humanitarian Law in War


Gary D. Solis - 2006
    What law of armed conflict/international humanitarian law applies to particular armed conflicts? Does that law apply to terrorists as well? What is the status of participants in an armed conflict? What constitutes a war crime? What is a lawful target and how are targeting decisions made? What are rules of engagement? What weapons are lawful and unlawful, and why? This text takes the reader through these essential questions of the law of armed conflict and international humanitarian law to an awareness of finer points of battlefield law. The U.S.-weighted text incorporates lessons from many nations and includes hundreds of cases from jurisdictions worldwide.

OverKill / The Rise of Paramilitary Police Raids in America


Radley Balko - 2006
    

San Antonio V. Rodriguez and the Pursuit of Equal Education: The Debate Over Discrimination and School Funding


Paul A. Sracic - 2006
    They argued that quality education, not merely basic schooling, was a constitutional right, and a district court agreed. But the Supreme Court overruled that decision, signaling a halt to the idea that the Constitution contained a right to an equal education and marking an important transition from the Warren to the Burger Court.Paul Sracic assesses the impact of this 5-4 decision to explore the legacy of a landmark case, telling the story of the Supreme Court and school finance in a new way. His is the first book to consider Rodriguez, tracing its progress from inception through appeal to provide a fascinating account of the legal maneuvering of the two sides-and a lesson in the limits of judicial solutions to discrimination in education.Balanced and judicious in his assessment, Sracic brings together the varied strands-oral history, litigation, constitutional law, political context-in this complex case, while clarifying the positions on both sides of the conflict. Justice Lewis Powell argued that education was not a constitutionally protected right and that the Equal Protection Clause does not require absolute equality or precisely equal advantages, while dissenting Justice Thurgood Marshall called the decision a retreat from America's commitment to equal opportunity that denigrated Brown v. Board of Education.Although Powell's and Marshall's opinions have been documented, until now little has been written about the history behind the case. Sracic puts a human face on the account. Among other things, he interviewed Demetrio Rodriguez, the parent whose name headlined the original suit, along with several students involved in the case. He also delved into Justice Powell's papers to show the influence of his prior experience championing local rather than state control over education and his fear of centralization's potential constraint on states' rights.In the wake of Rodriguez, the issue of school funding acquired a much higher national profile, even as efforts to reform it struggled towards varied degrees of success--in Texas and many other states. Sracic's very readable account unravels the complex legal doctrine links this vitally important case to the Fourteenth Amendment's guarantee of equal protection--and argues that one cannot fully grasp the scope of that amendment without fully understanding Rodriguez.

Comparative Law in a Global Context: The Legal Systems of Asia and Africa


Werner Menski - 2006
    It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

How to Make Money as a Mediator (and Create Value for Everyone): 30 Top Mediators Share Secrets to Building a Successful Practice


Jeffrey Krivis - 2006
    How to Make Money as a Mediator (and Create Value for Everyone) is an invaluable and inspirational resource filled with practical, proven, and down-to-earth information on how you can develop a satisfying and lucrative career as a mediator, no matter what your area of interest--labor and employment mediation, intellectual property, environment, personal injury, family and divorce, contract, securities, or international peacekeeping.

The Prison and the Gallows: The Politics of Mass Incarceration in America


Marie Gottschalk - 2006
    Nearly one in 50 people, excluding children and the elderly, is incarcerated today, a rate unsurpassed anywhere else in the world. What are some of the main political forces that explain this unprecedented reliance on mass imprisonment? Throughout American history, crime and punishment have been central features of American political development. This 2006 book examines the development of four key movements that mediated the construction of the carceral state in important ways: the victims' movement, the women's movement, the prisoners' rights movement, and opponents of the death penalty. This book argues that punitive penal policies were forged by particular social movements and interest groups within the constraints of larger institutional structures and historical developments that distinguish the United States from other Western countries.

125 Fun Facts about Humpbacks: Discovering Humpback Whales of Hawai'i


Paul H. Forestell - 2006
    Featuring beautiful color photos and information about Hawai'i's special place as the most significant breeding ground for humpback whales in the North Pacific.

The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land


Andrew P. Napolitano - 2006
    Today that parchment has been shred to ribbons, explains Fox News senior judicial analyst Judge Andrew P. Napolitano, as the federal government trounces state and individual rights and expands its reach far beyond what the Framers intended.An important follow-up to Judge Napolitano's best-selling Constitutional Chaos, this book shows with no-nonsense clarity how Congress has "purchased" regulations by bribing states and explains how the Supreme Court has devised historically inaccurate, logically inconsistent, and even laughable justifications to approve what Congress has done.It's an exciting excursion into the dark corners of the law, showing how do-gooders, busybodies, and control freaks in government disregard the limitations imposed upon Congress by the Constitution and enact laws, illegal and unnatural, in virtually every area of human endeavor.Praise for The Constitution in Exile from Left, Right, and Center"Does anyone understand the vision of America's founding fathers? The courts and Congress apparently don't have a clue. But Judge Andrew P. Napolitano does, and so will you, if you read The Constitution in Exile."-BILL O'REILLY"Whatever happened to states rights, limited government, and natural law? Judge Napolitano, in his own inimitable style, takes us on a fascinating tour of the destruction of constitutional government. If you want to know how the federal government got so big and fat, read this book. Agree or disagree, this book will make you think."-SEAN HANNITY"In all of the American media, Judge Andrew P. Napolitano is the most persistent, uncompromising guardian of both the letter and the spirit of the Constitution, very much including the Bill of Rights. Increasingly, our Constitution is in clear and present danger. Judge Napolitano--in The Constitution in Exile--has challenged all Americans across party lines to learn the extent of this constitutional crisis." -NAT HENTOFF"Judge Napolitano engages here in what I do every day on my program-make you think. There's no question that potential Supreme Court nominees and what our Constitution says and doesn't say played a major role for many voters in our last couple of elections. What the judge does here is detail why the federal government claims it can regulate as well as tax everything in sight as it grows and grows. Agree or disagree with him-you need to read his latest book, think, and begin to arm yourself as you enter this important debate." -RUSH LIMBAUGH"At a time when we are, in Benjamin Franklin's words, sacrificing essential liberty to purchase a little temporary safety, here comes the judge with what should be mandatory reading for the executive branch cronies who are busy stealing power while they think we're not watching. Thank goodness the judge is watching and speaking truth to power. More than a book, this is an emergency call to philosophical arms, one we must heed before it's too late." -ALAN COLMES

From Lynch Mobs to the Killing State: Race and the Death Penalty in America


Charles J. Ogletree Jr. - 2006
    This trend shows little evidence of diminishing, and follows a larger pattern of the violent criminalization of African American populations that has marked the country's history of punishment.In a bold attempt to tackle the looming question of how and why the connection between race and the death penalty has been so strong throughout American history, Ogletree and Sarat headline an interdisciplinary cast of experts in reflecting on this disturbing issue. Insightful original essays approach the topic from legal, historical, cultural, and social science perspectives to show the ways that the death penalty is racialized, the places in the death penalty process where race makes a difference, and the ways that meanings of race in the United States are constructed in and through our practices of capital punishment.From Lynch Mobs to the Killing State not only uncovers the ways that race influences capital punishment, but also attempts to situate the linkage between race and the death penalty in the history of this country, in particular the history of lynching. In its probing examination of how and why the connection between race and the death penalty has been so strong throughout American history, this book forces us to consider how the death penalty gives meaning to race as well as why the racialization of the death penalty is uniquely American.

Gatekeepers: The Professions and Corporate Governance


John C. Coffee Jr. - 2006
    A number of 'gatekeeping' professions - auditors, attorneys, securitiesanalysts, credit-rating agencies - exist to guard against these governance failures. Yet clearly these watchdogs did not bark while corporations were looted and destroyed. But why not?To answer these questions, a more detailed investigation is necessary that moves beyond journalism and easy scapegoating, and examines the evolution, responsibilities, and standards of these professions. John C. Coffee Jr, world-renowned Professor of Corporate Law, examines how these gatekeepingprofessions developed, to what degree they failed, and what reforms are feasible. Above all, this book examines the institutional changes and pressures that caused gatekeepers to underperform or neglect their responsibilities, and focuses on those feasible changes that can restore gatekeepers as theloyal agents of investors.This informed and readable view of the players on the contemporary business stage will be essential reading for investors, professionals, executives and business academics concerned with issues of good governance.

Solon the Thinker: Political Thought in Archaic Athens


John David Lewis - 2006
    Solon's polis functions not through divine intervention but by its own internal energy, which is founded on the intellectual health of its people, depends upon their acceptance of justice and moderation as orderly norms of life, and leads to the rejection of tyranny and slavery in favour of freedom. But Solon's naturalistic views are limited; in his own life each person is subject to the arbitrary foibles of moira, the inscrutable fate that governs human life, and that brings us to an unknowable but inevitable death. Solon represents both the new rational, scientific spirit that was sweeping the Aegean - and a return to the fatalism that permeated Greek intellectual life. This first paperback edition contains a new appendix of translations of the fragments of Solon by the author.

Medical Law:: Text, Cases, and Materials


Emily Jackson - 2006
    Key case extracts provide the legal context, facts, and background; extracts from materials provide differing ethical perspectives and outline current debates; and the author's insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Online resource centre Online updates to the law are provided alongside a searchable glossary of medical and legal terms.

How to Label a Goat: The Silly Rules and Regulations That Are Strangling Britain


Ross Clark - 2006
    Have you ever thrown your arms up in despair while trying to complete an official form and asked yourself "Just what is the point of this?" You're not alone. This book exposes some of the most petty and bizarre rules and regulations which are blighting the lives of Britons today. From the 45 pages of instructions on how to correctly label a goat (or sheep) to the impact that being a deep-sea diver might have on your tax return. If it wasn't so serious, it would be quite funny. Among his other discoveries are: - A rugby club in Ilfracombe was so burdened by health and safety rules that it was forced to abandon its real-life bonfire and instead celebrate Guy Fawkes' night with a 'virtual bonfire' projected onto a screen. - Employers must not hold important meetings on 31 October - it might discriminate against pagans, who, of course, celebrate the festival of Samhain on that day. - A woman from Kilbride was given an ASBO forbidding her from answering the

A Common Law Theory of Judicial Review: The Living Tree


W.J. Waluchow - 2006
    J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

Color-Blind Justice: Albion Tourgée and the Quest for Racial Equality from the Civil War to Plessy V. Ferguson


Mark Emory Elliott - 2006
    Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourg�e's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourg�e's brief coined the phrase that justice should be color-blind, and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourg�e's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourg�e and the principles to which he dedicated his life.

Emanuel Law Outlines: Real Estate


Robin Paul Malloy - 2006
    Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process.For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.

A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane ...


U.S. House of Representatives - 2006
    Union Calendar No. 205. Tom Davis, Chairman of the Select Bipartisan Committee. Tells the story of inadequate preparation and response in evacuations, medical care, communications, and contracting. Concludes that the government's best efforts, at all levels of government, were not good enough. The writers hope that their findings will prompt the changes needed to make all levels of government better prepared and better able to respond the next time.

McCormick on Evidence


Kenneth S. Broun - 2006
    Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues.

The Pursuit of Justice: Supreme Court Decisions That Shaped America


Kermit L. Hall - 2006
    Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn moreabout American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led tothe Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broaddemocratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards.For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principalplayers in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.

The Canon of American Legal Thought


David Kennedy - 2006
    Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history.These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received.Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the cliches of everyday legal argument were originally formulated.

Constitutional Law for Enlightened Citizens


Michael P. Farris - 2006
    

Court of Remorse: Inside the International Criminal Tribunal for Rwanda


Thierry Cruvellier - 2006
    Late that year, in an effort to redeem itself, the United Nations Security Council created the International Criminal Tribunal for Rwanda to seek accountability for some of the worst atrocities since World War II: the genocide suffered by the Tutsi and crimes against humanity suffered by the Hutu. But faced with competing claims, the prosecution focused exclusively on the crimes of Hutu extremists. No charges would be brought against the Tutsi-led Rwandan Patriotic Front, which ultimately won control of the country. The UN, as if racked by guilt for its past inaction, gave in to pressure by Rwanda’s new leadership. With the Hutu effectively silenced, and the RPF constantly reminding the international community of its failure to protect the Tutsi during the war, the Tribunal pursued an unusual form of one-sided justice, born out of contrition.      Fascinated by the Tribunal’s rich complexities, journalist Thierry Cruvellier came back day after day to watch the proceedings, spending more time there than any other outside observer. Gradually he gained the confidence of the victims, defendants, lawyers, and judges. Drawing on interviews with these protagonists and his close observations of their interactions, Cruvellier takes readers inside the courtroom to witness the motivations, mechanisms, and manipulations of justice as it unfolded on the stage of high-stakes, global politics. It is this ground-level view that makes his account so valuable—and so absorbing. A must-read for those who want to understand the dynamics of international criminal tribunals, Court of Remorse reveals both the possibilities and the challenges of prosecuting human rights violations.  A Choice Outstanding Academic Book Best Books for General Audiences, selected by the American Association for School Libraries and the Public Library AssociationBest Books for High Schools, selected by the American Association for School Libraries

Principles of International Law


Sean D. Murphy - 2006
    It is designed as a stand-alone text or as a complement to any of the major casebooks on the topic. The first section of the book addresses the fundamental history and structure of international law; the second section focuses on the interface of international law and national law; and the final section presents the treaties and rules that comprise the major fields of international law: human rights, law of the sea, international environmental law, and more.

European Union Law: Text and Materials


Damian Chalmers - 2006
    The book's innovative approach, coupled with a stimulating and accessible writing style, allows the student to engage fully with the material. The book charts the development of the European Union from its inception to the present day by exploring in detail the EU's institutions, its law-making, its administrative processes and its substantive law. Crucially, it incorporates recent key developments, such as the crisis over the Constitutional Treaty and the consequences of its apparent 'failure', as well as issues arising from an enlarged Europe. With cases and materials integrated throughout the text and recommended reading sections accompanying each chapter, this is essential reading for all European law students at undergraduate or postgraduate level.

Medical Law and Ethics


Jonathan Herring - 2006
    Medical Law and Ethics is the most regularly updated textbook on medical law, so you can be confident that it takes into account the most recent developments in the law.With exceptional clarity, Medical Law and Ethics covers not only the core legal principles, the key cases, and statutes that govern medical law. It also portrays the key ethic debates and dilemmas that exist in the field to ensure that the law is firmly embedded in its context.Carefully constructed features highlight the key debates where relevant to provide an overview of the different perspectives; from feminists, the European perspective, and different religious views. 'A shock to the system', 'public opinion' and 'reality check' features all introduce different sociological aspects, contributing to the lively and engaging manner with which the subject is approached.Online Resource CentreAccompanied by an Online Resource Centre, which includes additional links to key cases, web links, and updates along with an introductory video podcast from the author to set the scene for your study.

Freedom, Equality, Community: The Political Philosophy of Six Influential Canadians


James Bickerton - 2006
    This book also examines the way in which each understood freedom, equality and community, and the manner in which their work influenced Canadian politics.

Law - Its Origin, Growth, And Function


James Coolidge Carter - 2006
    A perfect guide for anybody interested in how the notion of law came about from religious rules to the secular courts we have today. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. Hesperides Press are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

Great Canadian Speeches


Dennis Gruending - 2006
    MacDonald making a case for Confederation, while silver-tongued Joseph Howe argues against it; Louis Riel pleading his case to a Regina jury in 1885; Nellie McClung demanding the vote for women; Dr. Norman Bethune urging Canadians to support the Republican cause in Spain; Pierre Trudeau and Rene Levesque facing off in the 1980 Quebec referendum; Thomas Homer-Dixon pondering Canada's future in an increasingly unstable world; David Suzuki addressing environmental challenges; Jean Chretien on the Trade Tower bombing; Justin Trudeau's "Je t'aime papa"; Stephen Lewis' talk on AIDS and the west; and many more. Great Canadian Speeches is an eminently readable, thought-provoking oratory.

Fenwick and Phillipson


Helen Fenwick - 2006
    Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors - both leading academics in the field - have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.

Legalizing Misandry: From Public Shame to Systemic Discrimination Against Men


Paul Nathanson - 2006
    Paul Nathanson and Katherine Young believe that this reveals a shift in the United States and Canada to a worldview based on ideological feminism, which presents all issues from the point of view of women and, in the process, explicitly or implicitly attacks men as a class. They argue that ideological feminism is silently reshaping law, public policy, education, and journalism. "Legalizing Misandry" offers lively and compelling evidence to demonstrate the pervasiveness of this new thinking -- from the courts, classrooms, government committees, and corporate bureaucracies to laws and policies affecting employment, marriage, divorce, custody, sexual harassment, violence, and human rights.

Civil Liberties and the Bill of Rights


John E. Finn - 2006
    And when we were taught history and learned about the Constitution and Bill of Rights, we were always made aware of that uniqueness, of the extraordinary experiment that gave every citizen of this new nation a gift possessed by no others. But what, exactly, was that gift?What liberties and rights did the Founders intend us to have? How do we get from what Professor John Finn calls the Constitution's "wonderfully elastic and vague" language to the finely tuned specifics of the Supreme Court's decisions about speech, or abortion, or religion?And what is religion? In forbidding Congress to make any law "respecting an establishment" of religion, or "prohibiting the free exercise" of it, the Founders neglected to define it. The answer is more complicated than it seems.In fact, as Professor Finn shows in Civil Liberties and the Bill of Rights, almost everything about the Constitution, no matter how unwavering its words might appear, is more complicated than it seems at first reading, leaving a legacy of questions that multiplies with each passing decade.Why have generations of jurists and legal scholars—not to mention legislators, presidents, and citizens—argued so long and hard about the meaning of what often appears to be unambiguous phrasing? How is it that several differing Supreme Court opinions—even those on diametrically opposed sides of a sharply disputed case—can so often all seem plausible? And how has so remarkably sparse a document as the Constitution nevertheless proven to be so complex a vision of what an ideal polity should be?Professor Finn notes, "There is usually more than one way to understand a constitutional provision, usually more than one way to decide a case," with "few, if any, uncontested principles or issues or questions in the American constitutional order."Civil Liberties and the Bill of Rights explores the tensions that make up that order—tensions, say, between our commitment to self-governance, expressed through majority rule and the other democratic principles, and our simultaneous commitment to constitutionalism and the Bill of Rights, expressed by the need to keep the majority from acting in ways that trample on liberty.As you might expect from such difficult issues, this is a course filled with nuance—each side of so many constitutional issues can be presented plausibly. Though none of us will agree with every decision of the Court or the constitutional interpretations on which they are constructed, it is extraordinary to experience, so directly, from throughout our history, in the carefully constructed language of the nation's leading judges, the deliberate flexibility and ambiguity that so often make even opposing opinions defensible. Indeed, this is among our Constitution's very greatest strengths.

Just Silences: The Limits and Possibilities of Modern Law


Marianne Constable - 2006
    laws about Native Americans violate the preferred or traditional silence of the peoples whose religions and languages they aim to protect and preserve? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice.Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls sociolegal positivism is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law.But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

Parliamentary Sovereignty: Contemporary Debates


Jeffrey Goldsworthy - 2006
    This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

Military Justice in Vietnam: The Rule of Law in an American War


William Thomas Allison - 2006
    William Allison reveals how the military justice system responded to crimes and infractions both inside and outside the combat zone and how it adapted to an unconventional political, military, and social climate as American involvement escalated.In taking readers to war-torn Vietnam, Allison's study depicts a transitional period in the history of the Uniform Code of Military Justice, which was revised in 1968. Reflecting American beliefs in discipline and efficiency in military operations, the Code and its implementation were viewed as an integral facet of pacification and counterinsurgency programs. As Allison makes clear, military law and justice in Vietnam were not intended merely as behavioral controls but were also promoted to the Vietnamese as American ideals: respect for the rule of law and an example of the best that democracy had to offer.American military law and lawyers made near daily contact with the Vietnamese people, and those interactions open an unusual window on the war and also shed light on contemporary military operations and nation-building missions. Based on deep research into wartime archives and interviews with participants in that conflict (including his own father, a Marine Corps lawyer who served in Vietnam), Allison offers a reflective and well-rounded picture of daily life for military lawyers in Vietnam. That portrait also illuminates the complexities of trying to impose military law and justice on a foreign culture not accustomed to Western-style democracy.As Allison shows, while the difficulties were great and military justice may have fallen short of its goals, as in the My Lai case, military lawyers conducted themselves with honor in Vietnam. And as military crimes in Iraq dominate today's news and military justice in a combat zone continues to challenge our democratic ideals, his book provides critical insight into the historical process that underlies American military law today.

Democracy and the Constitution: Essays by Walter Berns


Walter Berns - 2006
    This volume collects many of his most important essays on timeless constitutional and political questions.

The Supreme Court: Rulings on American Government and Society


Jack Fruchtman Jr. - 2006
    Today, similarly-concerned students enroll in courses on AMerican Government, the Supreme Court, Constitutional Law, Intorduction to Law, and the American Judiciary as never before. In this brief book, The Supreme Court: Rulings on AMerican Government and Society, Jack Fruchtman Jr. Provides for these courses an anthology of edited rulings from the Court - some landmark, many contemporary, along with topic introductions and case head notes. Here, Students will examine the Court's own words, logic, and thinking on the major issues of the day, among them, freedom of speech, seperation of church and state, law enforcement, affirmative action, gender discrimination, abortion and privacy.

Encyclopedia of War Crimes and Genocide


Leslie Alan Horvitz - 2006
    With more than 450 entries, the encyclopaedia covers a wide range of relevant topics: human rights, war criminals, trials of war crimes, examples of genocide, international organizations and international law concerning war crimes, and many more. Also included is a primary resources section with documents that are vital to understanding this subject. The coverage includes: Amnesty International; Klaus Barbie; Geneva Conventions; Saddam Hussein; Kosovo; North Korea; Pol Pot; Rwanda; Shining Path; Taliban; Desmond Tutu; and Simon Wiesenthal.

Living Speech: Resisting The Empire Of Force


James Boyd White - 2006
    Yet sometimes our ways of talking dehumanize others and trivialize human experience. In war other people are imagined as enemies to be killed. The language of race objectifies those it touches, and propaganda disables democracy. Advertising reduces us to consumers, and clich�s destroy the life of the imagination.How are we to assert our humanity and that of others against the forces in the culture and in our own minds that would deny it? What kind of speech should the First Amendment protect? How should judges and justices themselves speak? These questions animate James Boyd White's Living Speech, a profound examination of the ethics of human expression--in the law and in the rest of life.Drawing on examples from an unusual range of sources--judicial opinions, children's essays, literature, politics, and the speech-out-of-silence of Quaker worship--White offers a fascinating analysis of the force of our languages. Reminding us that every moment of speech is an occasion for gaining control of what we say and who we are, he shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice--in both law and life.

Fiscal Sponsorship: 6 Ways to Do It Right


Gregory L. Colvin - 2006
    

God's Joust, God's Justice: Law and Religion in the Western Tradition


John Witte Jr. - 2006
    While savage excess occasionally prevails, we still struggle to reflect God's image and order in our societies.Using law and religion as a pair of lenses, John Witte expertly surveys the stormy yet lush landscape of the western tradition. After a concise history of rights in the west, he then focuses on a diverse yet coherent series of landmarks, from Luther's "Freedom of a Christian" to contemporary Russian religious freedom, from battles over the First Amendment to the ongoing importance of marriage. Throughout, Witte's reflections center on the constant tension between religion and law, between church and state. God's Joust, God's Justice" provides a clear vista of the debates over law and religion in the west, enabling readers to competently proceed towards a more integrated understanding of these foundational elements of western democracy.

Habermas: An Intellectual Biography


Matthew G. Specter - 2006
    Habermas s most influential theories of the public sphere, communicative action, and modernity were decisively shaped by major West German political events: the failure to de-Nazify the judiciary, the rise of a powerful Constitutional Court, student rebellions in the late 1960s, the changing fortunes of the Social Democratic Party, NATO s decision to station nuclear weapons, and the unexpected collapse of East Germany. In turn, Habermas s writings on state, law, and constitution played a critical role in reorienting German political thought and culture to a progressive liberal-democratic model. Matthew Specter uniquely illuminates the interrelationship between the thinker and his culture.

Essential Theory for Social Work Practice


Chris Beckett - 2006
    In this innovative and highly accessible textbook, author Chris Beckett explains how a sound understanding of social work theory can improve the knowledge and skills base of professional practice.

Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue


Stephanie Mencimer - 2006
    President Bush never misses an opportunity to call for laws that would bring more "common sense" to a legal system that, he claims, is out of control, wrecking the economy, driving doctors out of their practices, bankrupting small businesses, and costing American jobs. Journalists repeat the charges without examining them. As a result, the lawsuit issue has moved to the political front burner, and in the past three years, state after state has responded by limiting citizens' rights to sue. Just this year alone, the Republicanled Congress has passed restrictions on class action lawsuits and is steps away from enacting limits on medical malpractice lawsuits.But is there really a crisis? National data show that the number of civil suits is falling, not rising, and that the average damage award is also going down. Despite intense media hype to the contrary, the number of personal injury lawsuits filed every year has been tumbling for the past decade. Upon closer examination, the stories of ridiculous lawsuits usually turn out to be false or badly misleading. The crisis, in short, appears to be a phantom.So how do we explain the scary headlines? Who's behind the "tort reform movement," and what are the real goals? "Blocking the Courthouse Door" will show that the movement against so-called greedy trial lawyers and irresponsible plaintiffs is the result of a concerted and successful campaign by large corporations to get this issue on the table and thus limit their own vulnerability in the civil justice system. They have spent decades, and many millions of dollars, on focus groups and Madison Avenue public relations research. They have funded institutes, sponsored academic research, bankrolled politicians, set up phony "astroturf " grassroots organizations (with chamber of commerce return addresses), and fed copy to all-too-gullible journalists.For corporations, the self-interest involved is fairly plain. Tobacco companies, no longer able to dodge the bullet of liability for knowingly selling poisons, are making an end run around the civil justice system. If they can't win a class action suit, they'll make suing itself illegal. Insurance companies, drowning in red ink from mismanagement and bad investments in the bond market, hike insurance rates by huge sums and blame malpractice suits. The doctors in turn blame greedy lawyers -- and their own injured patients. And for Republicans, the campaign provides an extra bonus: defunding the Democratic Party. Limits on lawsuits cut into the income of some of the Democratic Party's most generous donors, the trial lawyers, who are often the only source of campaign cash for Democrats in many states.By exposing some of the dubious characters, corporate chicanery, skewed research, fudged numbers, and bogus journalism that have buttressed the calls for lawsuit reform, Stephanie Mencimer shows who's behind the movement to close the courthouse doors, and how they've successfully persuaded millions of Americans to give up their critical legal rights without fully understanding what they're losing -- often until it's too late.

Legal Feminism: Activism, Lawyering, and Legal Theory


Ann Scales - 2006
    Since then, the feminist jurisprudence movement has taken root, with courts and legislatures addressing matters of sex and gender inequality, and law schools employing feminist and post-feminist theory in the classroom. In this important book, Ann Scales, a founding contributor to the movement, reflects on the past, present, and future of feminist jurisprudence.Legal Feminism situates the feminist jurisprudence movement within the larger context of Western law and philosophy, focusing first on common problem areas of legal theory and decision-making, and then explaining how feminist jurisprudence can analyze and address these issues in new ways. Throughout, Scales draws on legal disputes to show how feminist theory works in the courtroom and in other real-life arenas.Part personal memoir, part primer, and part treatise, Legal Feminism is a de-jargonized, lively account of how feminist jurisprudence can solve traditional legal conflicts, and why it matters to anyone committed to building an equitable and progressive society.

Criminalizing Women


Gillian Balfour - 2006
    Exploring women's lives as "errant females," this volume maps out the connections between the choices women make and their environment as linked to the wider socio-political context and considers feminist strategies used to address the conditions inside women's prisons, defend criminalized women's human rights, and draw attention to the systemic abuses against poor and racialized women.

Writing a Legal Memo


John Bronsteen - 2006
    Whereas other books aim to be comprehensive in teaching the many skills a lawyer might need, this book focuses only on one type of assignment that many young lawyers are given: "Find the answer to this particular legal question, and write a memo explaining that answer." It walks the reader through each step of completing such an assignment, giving highly specific instructions and explanations. The book takes any mystery out of memo writing and can be used as a reference when the students become practicing lawyers. The book does what it teaches students to do in their writing, i.e. it makes it easy for the reader to understand and implement the author's suggestions.

Principles of Evidence


P.J. Schwikkard - 2006
    

Administrative Law under the 1996 Constitution


Yvonne Burns - 2006
    

Defining Terrorism in International Law


Ben Saul - 2006
    This book examines the many failed attempts by the international community and the United Nations since the 1920's to define and criminalize terrorism, including heated debates about 'freedom fighters' and 'State terrorism'. It clearly explains why the international community should define and criminalize terrorism, how it should define it, and what it should exclude from the definition of terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible.

The Challenge of Conflict: International Law Responds


Ustinia Dolgopol - 2006
    Commentators are drawn from the United Nations and its agencies, key non- governmental organisations, world-class academic circles, senior members of government, leading human rights lawyers and judges with experience in international criminal law. These experts address deadly conflict in a comprehensive fashion covering all its stages: the causes and prevention of conflict; conflict resolution and peace-building; international criminal law and international humanitarian law and the role of the United Nations, humanitarian organisations and peacekeepers in post conflict situations. This collection is for those with an existing interest and expertise in international law, international relations, peace studies and criminal justice as well as for those who wish to become conversant with emerging developments in these fields.

We Know You Are Watching: Surveillance Camera Players 1996-2006


Surveillance Camera Players - 2006
    Drama. Performance Studies. Politics. America's foremost anti-surveillance camera group documents its scripts, performances, maps and walking tours, and offers analyses of the right to privacy, the militarization of the police, the ideology of transparency, the mass psychology of fascism, the society of the spectacle, the PATRIOT Act, Rudy Giuliani, September 11th, face recognition software, reality TV, webcams and wireless systems, among other topics. "The Surveillance Camera Players have made an important contribution to our understanding of our transformation into a surveillance society. The extensive documentation and analysis of the exponential increase in video surveillance in the heart of New York City should spark a public policy debate and reform that is long overdue"--Donna Lieberman. "This book is an inspiration for those despairing of the dearth of creative political dissent in today's world"--Clara Gibson Maxwell.

Biographical Encyclopedia of the Supreme Court: The Lives and Legal Philosophies of the Justices


Melvin I. Urofsky - 2006
    Supreme Court has led to great interest in the rulings and legal opinions of its justices. Now, CQ Press brings you a comprehensive volume that analyzes the lives and legal philosophies of all past and present justices of the Court.Biographical Encyclopedia of the Supreme Court includes signed essays profiling the men and women who have served and are serving on the U.S. Supreme Court. This one-of-a-kind reference includes not only important biographical information, but also in-depth details of the legal contributions made by the men and women of the nation′s highest bench. Keeping up with the recent changes to the Court, this volume includes all current justices. New essays profile Chief Justice John Roberts and Justice Samuel Alito.Justices are arranged in an easy-to-use alphabetical format. Each essay is prefaced with key biographical information for each justice such as:Birth and death dates Date of nomination to the Court The name of president who nominated the justice The date he or she was seated Date range of service on the Court Within each essay, written by a top legal expert, scholar, or journalist, Biographical Encyclopedia of the Supreme Court provides facts and context along with analysis of the opinions and legal philosophies for each justice.This new volume is an updated edition of The Supreme Court Justices: A Biographical Dictionary (1994). It will prove a valuable resource for academic, community college, law school, and public libraries.

Excellence of the Common Law: Compared and Contrasted with Civil Law: In Light of History, Nature, and Scripture


Brent Allan Winters - 2006
    

Methods of Legal Reasoning


Jerzy Stelmach - 2006
    The number of methodological theories in jurisprudence and the vast literature on the subject are not the only problems that have to be taken into account. Perhaps the most striking difficulty concerning the methodology of legal argument is the heated debate between jurists, legal theorists and philosophers of law that has been recurring since at least nineteenth century. Therefore a justification is needed for writing yet another book c- cerning the methods of legal reasoning; a book that aims to cover a lot of what has already been proposed in legal theory. We believe that there is such a justification. First, the perspective that we adopt in the present book is unique, at least in some respects. We venture to look at the methodology of legal reasoning from the outside, i.e. from a more g- eral, philosophical perspective, while taking into account the hard re- ity of law. This perspective enables us to ask questions about the justification for the methods of legal argument presented. Second, we do not want to defend one, paradigmatic conception of legal reasoning. On the contrary, we put forward the thesis that there is a plurality of argumentative methods. The plurality, however, does not lead to relativism in legal decision-making. Third, we reject any hierarchy of the methods of legal reasoning, and take the view that one can speak only of the precision and flexibility of different methodologies."

Euthanasia: A Licence to Kill


Anthony M. Smith - 2006
    A former hospice chaplain uses personal experience and true stories to illustrate the value of life and the importance of enabling people to die with dignity - as well as the reasons why we need to be concerned about the issues involved.

Sexual Politics: The Gay Person in America Today


Shannon Gilreath - 2006
    Gilreath incisively navigates a number of complex issues, including the delicate balance between sexual privacy and public equality, the entwining of religion and U.S. law and politics, and gay marriage. He offers astute academic observation and depth of personal reflection to create an unmatched critique of gay people in American society. Ultimately, Gilreath argues for the further emergence of a gay and lesbian ethos of public attentiveness and the practice of "transformative politics," encompassing all those activities of gay and lesbian people: art, literature, sports, business, education, spirituality, and otherwise conventional forms of politics. Conversational and written with a compelling frankness, this book is vital for the serious legal and political student and the informed general reader alike.

Common Security in Outer Space and International Law


Detlev Wolter - 2006
    Security in space must therefore be the common security of all states. The objective of this analysis is to apply the concept of common security and to explore the legal foundations for its application in outer space law.

Islamic Finance


Mahmoud A. El-Gamal - 2006
    The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance -- from personal loans to investment banking, and from market structure to corporate governance -- Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of "Islamization" of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.

Comparative Legal Linguistics


Heikki E.S. Mattila - 2006
    This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French and English. Each chapter includes a historical overview of the growth of the language, its international use, its coherence in the various countries using it and its relationship to cognate legal languages. Where relevant, the characteristics of legal cultures are described to explain the features of the legal language. The work will be a valuable resource for students, researchers and practitioners in the areas of comparative law, legal theory, semiotics, and linguistics.

Law and Justice in the Courts of Classical Athens


Adriaan Lanni - 2006
    She analyzes the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. She argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice & thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; & the demand for consistency & predictability in legal interpretation expected by litigants & necessary to permit citizens to conform their conduct to the law. She presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualized & discretionary approach to justice.

Computer Crime Law


Orin S. Kerr - 2006
    New cases address topics such as the computer hacking laws, economic espionage online, Internet threats, criminal copyright prosecutions, searching cell phones incident to arrest, applying the Fourth Amendment to the Internet, and the validity of computer warrants. Two chapters have been restructured to make it easier for students to understand the Computer Fraud and Abuse Act and the emerging rules for computer searches. The book covers every aspect of crime in the digital age, and it is presented in an engaging and accessible style. Topics range from computer fraud laws and international computer crimes to Internet surveillance laws and the Fourth Amendment. It is part traditional casebook, part treatise. It both straightforwardly explains the law and presents many exciting and new questions of law that courts are only now beginning to consider. The book is ideally suited either for a 3-credit course or a 2-credit seminar. It will appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed. Computer crime law has become an increasingly important area of criminal practice, and this book provides the ideal introduction to the field. Many U.S. Attorney's Offices have dedicated computer crime units, as have many state Attorney General offices. Any student with a background in this emerging area of law will have a leg up on the competition. Students will also find the book easy and fun to read, while professors will appreciate the accessible introduction to an important new field with many open questions for legal scholars. The materials are authored by Orin Kerr, the Fred C. Stevenson Research Profes

Cause Lawyers and Social Movements


Austin Sarat - 2006
    It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems.The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?

Principles of Evidence (Concise Hornbooks)


Graham C. Lilly - 2006
    First published in 1978, this text examines all topics typically covered in a three-or four-hour course in evidence. Emphasis is on the Federal Rules of Evidence, now adopted in most states. Should the reader desire additional material, ample footnotes provide easy access to leading cases, articles, and standard reference works. The Fifth Edition contains an in-depth treatment of the important amendments to the Federal Rules of Evidence, including the most recent addition of Rule 502.

The Constitution of Law: Legality in a Time of Emergency


David Dyzenhaus - 2006
    He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

The Price of Peace: Just War in the Twenty-First Century


Charles Reed - 2006
    The Price of Peace argues that a re-examination of the just war tradition is therefore required. The authors suggest that despite fluctuations and transformations in international politics, the just war tradition continues to be relevant. However they argue that it needs to be reworked to respond to the new challenges to international security represented by the end of the Cold War and the impact of terrorism. With an interdisciplinary and transatlantic approach, this volume provides a dialogue between theological, political, military and public actors. By articulating what a reconstituted just war tradition might mean in practice, it also aims to assist policy-makers and citizens in dealing with the ethical dilemmas of war.

Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime


Stuart P. Green - 2006
    Focussing on the way in which key white collar crimes such as fraud, perjury, false statements, obstruction of justice, bribery, extortion, blackmail, insider trading, tax evasion, and regulatory and intellectual property offenses are shaped and informed by a range of familiar, but nevertheless powerful, moral norms.

Social Work Law


Alison Brammer - 2006
    It explores the dynamic relationship between the law and social work practice, and emphasises the crucial role of anti-discriminatory practice and the growing influence of the Human Rights Act 1998.