In this candid and deeply moving memoir, a quintessential American tale of hardship and grit, Clarence Thomas recounts his astonishing journey for the first time.

    Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

    The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.

    A former criminal prosecutor, Clayton takes care of Kenner, Bach & Ledeen's dirtiest work at the behest of the firm's co-founder Marty Bach (Sydney Pollack). Though burned out and hardly content with his job, his divorce, a failed business venture, and mounting debt have left Clayton inextricably tied to the firm. At the agrichemical company U/North, meanwhile, the career of in-house counsel Karen Crowder (Tilda Swinton) rests on the multimillion-dollar settlement of a class action suit that Clayton's firm is leading to a seemingly successful conclusion. But when Kenner Bach's brilliant and guilt-ridden attorney Arthur Edens (Tom Wilkinson) sabotages the U/North case, Clayton faces the biggest challenge of his career and his life.The Newmarket Shooting Script® book includes the complete script, an exclusive foreword by William Goldman, a Q&A with writer/director Tony Gilroy, a color photo section, and the complete cast and crew credits.

    His clients include many detainees in Guantanamo Bay in Cuba, and he established the London-based charity Reprieve, developed to defending human rights in 1999. His book is quite simply, devastating, and many will laugh and cry reading it: laugh in disbelief, and cry in despair at the utter inhumanity and lack of imagination wrapped up in hypocrisy so enormous that it beggers understanding. Yet even in the face of insurmountable odds, Clive Stafford Smith remains an optimist. Few could maintain his capacity for work and his commitment to his clients if he allowed frustration or despair to divert him.

    Garner has proved to be a versatile and prolific writer on legal-linguistic subjects. This collection of his essays shows both profound scholarship and sharp wit. The essays cover subjects as wide-ranging as learning to write, style, persuasion, contractual and legislative drafting, grammar, lexicography, writing in law school, writing in law practice, judicial writing, and all the literature relating to these diverse subjects.

    

    Winning at Trial by Shane Read is the only book that teaches trial skills by analyzing video and transcripts of actual trials. It is also the only book that reveals the secrets of jury decision-making through the use of video in collaboration with one of the nation's foremost jury consultants, DecisionQuest. This innovative book is being used by law schools throughout the country for both their introductory and advanced trial advocacy classes, as well as by law firms for their training programs. The author, a seasoned trial lawyer and professor, has carefully selected video and transcripts from actual trials (4 hours of video on two DVDs) that show lawyers demonstrating both great and terrible skills in the courtroom - which teach trial techniques and strategy in an interesting and memorable way.

    In this noteworthy book, two of the most noted legal writers of our day - Justice Antonin Scalia and Bryan A. Garner - systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, expecially what to include and what to omit, so that you cn induce the judge to focus closely on your arguments. Finally they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Gryan Garner, Editor in chief of Black's Law Dictionary, are respected inside and

    Nowadays success in every single competitive examinations lime bank clerical,bank PO,LIC,GIC,MBA Assistant grade,excise & income tax,IAS,IFS,AAO,Railway hotel management and others depend much on the candiate's performance in the reasoning paper.so much comprehensive and intelligent approach to it is the need of the day.This book serves the purpose

    It provides the reader with practical pointers and guidance and uses everyday inventions as references, such as the ball point pen and paperclip.

    Tyndale's "Gift Bible" offers readers fashionable TuTone designs at an attractive price. Features include the words of Christ in red, a dictionary/concordance, introduction to the Bible, presentation page, and plan of salvation. The "Gift Bible" features the clear and accurate New Living Translation.

    This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.

    Using the three themes that run through out - looking good, telling a story, and using short statements - you can take control of your cross examinations and achieve the results you desire.

    Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.

    Master Tax Guide provides helpful and practical guidance on today's federal tax law. This 98th Edition reflects all pertinent federal taxation changes that affect 2014 returns and provides fast and reliable answers to tax questions affecting individuals and business income tax. The U.S. Master Tax Guide contains timely and precise explanations of federal income taxes for individuals, partnerships, corporations, estates and trusts, as well as new rules established by key court decisions and the IRS. The Master Tax Guide's explanations are meticulously researched and footnoted to provide tax practitioners with the most accurate and legally sound guidance to help them understand, apply and comply with today's complex federal tax laws. For added value, the U.S. Master Tax Guide is also annotated to CCH's Federal Standard Tax Reporter, Tax Research Consultant and Practical Tax Explanations for more advanced, detailed, historical and indepth research resources. The U.S. Master Tax Guide is built for speed with numerous timesaving features, including a tax calendar, lists of average itemized deductions, selected depreciation tables, rate tables, checklists of income, deduction and medical expense items, and more. These features help users quickly and easily determine how particular tax items and situations should be treated and provides quick and clear answers to client questions. MTG comes complete with the popular Quick Tax Facts card that can be detached for ataglance reference to key tax figures and other often referenced amounts used in preparing 2014 income tax returns, and a special bonus CPE course supplement entitled "Top Federal Tax Issues for 2015," which focuses in on the most significant and thorniest new tax developments affecting practitioners for the year. The Top Federal Tax Issues Course allows professionals

    Macheca and the Birth of the American Mafia" establishes the factual details of Macheca's epic life story, the assassination of Police Chief David Hennessy and the Crescent City lynchings."An excellent, meticulously detailed ... account of the birth of the American Mafia and a wonderful study of New Orleans from the Civil War/Reconstruction periods up through the famous mass lynching. Macheca comes across as a fascinating rogue. "Deep Water" ... shows a marvelous objectivity."-Rick Mattix, coauthor, "The Complete Public Enemy Almanac""A memorable reading experience... This book will force a reassessment of a famous event in the history of American organized crime."-Dr. Peter Dale Scott, author, "Deep Politics and the Death of JFK""Very interesting and informative. I was also happy to see my own prejudice confirmed: the Hennessy murder emerges out of the turbid racial and political situation in the city."-James Fentress, author, "Rebels and Mafiosi"

    Working hand in glove with state government, contractors in both the North and the South would go on to put more than half a million imprisoned men, women, and youth to hard, sweated toil for private gain by 1900. Held captive, stripped of their rights, and subject to lash and paddle, convict laborers churned out vast quantities of goods and revenue, in some years generating the equivalent of more than $30 billion worth of work. By the 1880s, however, a growing mass of Americans came to regard the prison labor system as immoral and unbefitting of a free republic: it fostered torture and other abuses, degraded free citizen-workers, corrupted government and the legal system, and stifled the supposedly ethical purposes of punishment. The Crisis of Imprisonment tells the remarkable story of this controversial system of penal servitude: --how it came into being, how it worked, how the popular campaigns for its abolition were ultimately victorious, and how it shaped and continues to haunt the American penal system. The author takes the reader into the morally vital world of nineteenth-century artisans, industrial workers, farmers, clergy, convicts, machine politicians, and labor leaders and shows how prisons became a lightning rod in a determined defense of republican and Christian values against the encroachments of an unbridled market capitalism. She explores the vexing ethical questions that prisons posed then and remain exigent today: What are the limits of state power over the minds, bodies, and souls of citizens and others--is torture permissible under certain circumstances? What, if anything, makes the state morally fit to deprive a person of life or liberty? Are prisoners slaves and, if so, by what right? Should prisoners work? Is the prison a morally defensible institution? The eventual abolition of prison labor contracting plunged the prisons into deep fiscal and ideological crisis. The second half of the book offers a sweeping reinterpretation of Progressive Era prison reform as, above all, a response to this crisis. It concludes with an exploration of the long-range impact of both penal servitude and the anti-prison labor movement on the modern American penal system.

    Throughout, she places advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.

    In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives. The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders. "Until Proven Innocent "is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams. Taylor and Johnson's coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains--and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.

    Together with the already imprisoned Nelson Mandela, they were put on trial and charged with conspiring to overthrow the apartheid government by violent revolution. Their expected punishment was death. In The State vs. Nelson Mandela their defence attorney, Joel Joffe, gives a blow-by-blow account of the most important trial in South Africa’s history, vividly portraying the characters of those involved, and exposing the astonishing bigotry and rampant discrimination faced by the accused, as well as showing their courage under fire. Lord Joel Joffe CBE is a crossbench peer in the House of Lords. He has previously served as Chairperson of Oxfam and worked as a human-rights lawyer.

    In the process, he established himself as one of the nation's leading tacticians in the battle for civil justice. Now, with Polarizing the Case, Friedman teaches us not to fear allegations or insinuations that our client is malingering or exaggerating injuries. Instead he provides, in his own words, "a guidebook for wrapping the malingering defense around the neck of the defense lawyer and strangling him with it."

    This edition of a bestselling text provides a guide to law for A level, BTEC and GNVQ courses, as well as covering the syllabuses of numerous professional bodies.

    It is compensatory, for example, rather than punitive. Instead of being imprisoned or otherwise punished, law breakers are required to compensate their victims. A victim seldom fails to receive compensation, moreover, because every Somali is insured by near kin against his or her liabilities under the law. Being based on custom, Somali law has no need of legislation or legislators, hence is happily free of political influences. Even so, the author points out areas in the law that are in need of change. These do not require legislation, however; many desirable changes, such as ending restrictions on the sale of land and enhancing the status of women, are implicit in economic development. As for the Somali political system, not only is there no need to set up a democracy, the author clearly shows why any attempt to do so must inevitably produce chaos. This book by a trained and sympathetic observer shows how, viewed in global perspective, Somali law stands with the Latin and Medieval laws and the English common law against the statutory law that originated in continental Europe with the modern nation state. It explains many seeming anomalies about present-day Somalia and describes its prospects as well as the dangers facing it. Born in Zeist, the Netherlands, in 1933, Michael van Notten graduated from Leiden University in Law and was admitted into practice in Rotterdam. He later served with a New York law firm and directed the Institution Europaeum, a Belgium-based policy research organization. In the early 1990s, he became interested in the prospect of Somalia developing in the modern world of a stateless society, and for the next twelve years, he studied Somali customary law. A keen analyst of the intricacies of clan politics, he traveled fearlessly in war-torn Somalia. He died in Nimes, France, on June 5th, 2002

    

    It showcases sixteen essays by leading international law experts. The essays, written in an accessible form, are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the core controversies and most significant developments in the field.

    Calvin's original teachings were periodically challenged by major crises - the French Wars of Religion, Dutch Revolt, the English Civil War, American colonization, and American Revolution. In each such crisis moment, a major Calvinist figure emerged - Theodore Beza, Johannes Althusius, John Milton, John Winthrop, John Adams, and others - who modernized Calvin's teachings and translated them into dramatic new legal and political reforms. This rendered early modern Calvinism one of the driving engines of Western constitutionalism. A number of basic Western laws on religious and political rights, social and confessional pluralism, federalism and constitutionalism, and more owe a great deal to this religious movement. This book is essential reading for scholars and students of history, law, religion, politics, ethics, human rights, and the Protestant Reformation.

    The extracts offered are carefully considered and relevant, so that the logic of the doctrinal or legal argument is unambiguously shown. Notes and questions to provoke thought and debate are included so that students can easily test their understanding of the topic as they progress.While maintaining its original, successful format and style, this edition has been thoroughly updated to reflect changes in the law following the Companies Act 2006. It includes more information on share capital and more on directors' duties. It also provides further coverage of European and US company law and is accompanied by an online resource centre that provides fully annotated weblinks and regular updates to cases.Covering a wide range of sources and providing intelligent and thought-provoking commentary, this book is a succinct yet thorough survey of company law that is invaluable to all those who need vital materials and expert observations on company law in one volume.

    Remote sensing by satellite has improved meteorology, land use and the monitoring of the environment. Satellite television immediately informs us visually of events in formerly remote locations, as well as providing many entertainment channels. World telecommunication facilities have been revolutionised. Global positioning has improved transport. This book examines the varied elements of public law that lie behind and regulate the use of space. It also makes suggestions for the development and improvement of the law, particularly as private enterprise plays an increasing role in space.

    Also covered is the availability and legal use of armed force, civil liability, and economic sanctions against terrorism and its state sponsors. A solid fit for an advanced course in National Security Law, Constitutional Law, or Civil Rights, this comprehensive text organizes the rapidly growing body of Counter Terrorism law into discrete, coherent, and pedagogically efficient segments.

    How do you survive? How do you keep hope alive that your life will ever again be anything but terror and pain? Then it gets worse.you begin to suspect that the Manhattan prosecutor who tried your case knew you were actually innocent.

    This self-contained study and foundation book for legal training deals with how the course of law (both English and European Community) resolves the uncertainties that arise within the law, the basis of legal reasoning, and the nature of law itself.

    This book, based on the author's practical experience on the public- and private-sector sides of the table, reviews the key policy issues which arise for the public sector in considering whether to adopt the PPP procurement route, and the specific application of this policy approach in PPP contracts, comparing international practices in this respect. It offers a systematic and integrated approach to financing PPPs within this public-policy framework, and explains the project-finance techniques used for this purpose. The book deals with both the Concession and PFI models of PPP, and provides a structured introduction for those who are new to the subject, whether in the academic, public-sector, investment, finance or contracting fields, as well as an aide memoire for those developing PPP policies or negotiating PPPs.The author focuses on practical concepts, issues and techniques, and does not assume any prior knowledge of PPP policy issues or financing techniques. The book describes and explains: * The different types of PPPs and how these have developed* Why PPPs are attractive to governments* General policy issues for the public sector in developing a PPP programme* PPP procurement procedures and bid evaluation* The use of project-finance techniques for PPPs* Sources of funding* Typical PPP contracts and sub-contracts, and their relationship with the project's financial structure * Risk assessment from the points of view of the public sector, investors, lenders and other project parties* Structuring the investment and debt financing* The key issues in negotiating a project-finance debt facility. In addition the book includes an extensive glossary, as well as cross-referencing.

    Even today, Darrow’s words continue to frame public discussion about our civil liberties and our religious and civic life. In this timely volume, Pulitzer Prize-winning historian Edward J. Larson and ethicist Jack Marshall assemble a broad and rich collection of the iconic lawyer’s words and writings–opening statements, trial arguments, lectures–accompanied by excerpts from his memoir and annotated with expert commentary. These selections showcase the mesmerizing power of Darrow’s passions and ideals, which have lost none of their impact or immediacy with the passage of time.

    Depicting a monumental clash of generations, Gerard Magliocca reminds us once again how our Constitution remains a living document.Magliocca reinterprets the legal landmarks of the Jacksonian era to demonstrate how the meaning of the Constitution evolves in a cyclical and predictable fashion. He highlights the ideological battles fought by Jacksonian Democrats against Federalists and Republicans over states' rights, presidential authority, the scope of federal power, and other issues. By doing so he shows how presidential politics, Supreme Court decisions, and congressional maneuverings interweave, creating a recurrent pattern of constitutional change.Magliocca builds on the view that major changes in American political and constitutional development occur generationally--in roughly thirty-year intervals--and move from dominant regime to the emergence of a counter-regime. Focusing on a period largely neglected in studies of such change, he offers a lucid introduction to the political and legal history of the antebellum era while tracing Jackson's remarkable consolidation of power in the executive branch.The Jacksonian movement grew out of discontent over the growth of federal power and the protection given Native Americans at the expense of frontier whites, and Magliocca considers such issues to support his argument. He examines Jackson's defeat of the Bank of the United States, shows how his clash with the Marshall Court over the Cherokee problem in Worcester v. Georgia sparked the revival of abolitionist culture and foreshadowed the Fourteenth Amendment, and also offers a new look at Dred Scott, M'Culloch v. Maryland, judicial review, and presidential vetoes. His analysis shows how the interaction of reformers and conservatives drives change and how rough-and-tumble politics shapes our Republic more than the creativity of judicial decisions.Offering intriguing parallels between Jackson and George W. Bush regarding the scope of executive power, Magliocca has produced a rich synthesis of history, political science, and law that revives our understanding of an entire era and its controversies, while providing a model of constitutional law applicable to any period.

    The book examines the renewed threat from biological weapons, and explores the new world of biological weapons governance. Gostin and Fidler argue that the arms control approach in the Biological Weapons Convention no longer dominates. Other strategies have emerged to challenge the arms control approach, and the book identifies four important policy trends—the criminalization of biological weapons, regulation of the biological sciences, management of the biodefense imperative, and preparation for biological weapons attack.The book also explores the challenges to public health resulting from new security threats. The authors look at the linkages between security and public health policy, both at the national and international level. For instance, Gostin and Fidler scrutinize the difficulty of developing policies that improve defenses against both biological weapons and the threat of infectious diseases from new viral strains.The new worlds of biological weapons and public health governance raise the importance of crafting policy responses informed by the rule of law. Thinking about the rule of law underscores the importance of finding globalized forms of biosecurity governance. The book explores patterns in recent governance initiatives and advocates building a "global biosecurity concert" as a way to address the threats biological weapons and infectious diseases present in the early 21st century.

    You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.

    Of these, more than 9 million describe themselves as "active cyclists" -- weekend riders, off-road riders, commuters, and amateur and professional athletes. These 9 million face the daily hazards of commuting in traffic, overenthusiastic dogs, faulty roads, harassment, road rage, and bicycle theft. This book was written for them. Bicycling and the Law is designed to be the primary resource for cyclists faced with a legal question. It provides readers with information that can help them avoid many legal problems in the first place, and informs them of their rights, their responsibilities, and what steps to take if they do encounter a legal problem. This useful guide makes the law both entertaining and comprehensible, presenting an accurate and thorough explanation of the laws governing bicycles and the activity of bicycling.

    This book addresses key concerns and questions in dealing with these clinical populations: How can pedophilia be detected? What causes pedophilia and sexual offending against children?

    Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the na�ve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.

    Matthew Holland examines how each figure interpreted and appropriated charity, revealing both the problems and possibilities of making it a political ideal.Holland first looks at early American literature and seminal speeches by Winthrop to show how the Puritan theology of this famed 17th century governor of the Massachusetts Colony (he who first envisioned America as a "City upon a Hill") galvanized an impressive sense of self-rule and a community of care in the early republic, even as its harsher aspects made something like Jefferson's Enlightenment faith in liberal democracy a welcome development . Holland then shows that between Jefferson's early rough draft of the Declaration of Independence and his First Inaugural Jefferson came to see some notion of charity as a necessary complement to modern political liberty.However, Holland argues, it was Lincoln and his ingenious blend of Puritan and democratic insights who best fulfilled the promise of this nation's "bonds of affection." With his recognition of the imperfections of both North and South, his humility in the face of God's judgment on the Civil War, and his insistence on "charity for all," including the defeated Confederacy, Lincoln personified the possibilities of religious love turned civic virtue.Weaving a rich tapestry of insights from political science and literature and American religious history and political theory, Bonds of Affection is a major contribution to the study of American political identity. Matthew Holland makes plain that civic charity, while commonly rejected as irrelevant or even harmful to political engagement, has been integral to our national character.The book includes the full texts of Winthrop's speech "A Model of Christian Charity"; Jefferson's rough draft of the Declaration and his First Inaugural; and Lincoln's Second Inaugural.

    If you?re an artist, consumer, or teacher, copyright is likely a part of your everyday life. Completely updated, this revised edition of "Canadian Copyright" parses the Copyright Act and explains current Canadian copyright law to ordinary Canadians in accessible language, using recent examples and legal cases.

    In Masters of Illusion, Frank S. Ravitch provocatively contends that both hard originalism (a strict focus on the intent of the Framers) and neutrality are illusory in religion clause jurisprudence, the former because it cannot live up to its promise for either side in the debate and the latter because it is simply impossible in the religion clause context. Yet these two principles have been used in almost every Supreme Court decision addressing religion clause questions.Ravitch unpacks the various principles of religion clause interpretation, drawing on contemporary debates such as school prayer and displaying the Ten Commandments on courthouses, to demonstrate that the neutrality principle does not work in a pluralistic society. When defined by large, overarching principles of equality and liberty, neutrality fails to account for differences between groups and individuals. If, however, the Court drew on a variety of principles instead of a single notion of neutrality to decide whether or not laws facilitated or discouraged religious practices, the result could be a more equitable approach to religion clause cases.

    Based on an 'on the ground' review of the sentencing of perpetrators of genocide and crimes against humanity in Rwanda, Bosnia, East Timor, and other places afflicted by atrocity, this book concludes that the international community's preference for prosecution and imprisonment may not be as effective as we hope. Instead, this book calls for a broader-based response to atrocity that welcomes bottom-up perspectives, including restorative, reparative, and reintegrative traditions, that may differ from the adversarial Western criminal trial. The time has come for international criminal law as a discipline to move beyond nascence and to welcome a more challenging stage: that of re-appraisal and self-improvement.

    What lessons can be learned from past deadly incidents so that crisis negotiators and decision makers can act with greater effectiveness in the future? What are the lessons the terrorists are learning and how will they affect the dynamics of future incidents? What can we learn about the terrorist threat, and about preventing the escalation of future terrorist hostage-taking situations?While there are many trained crisis negotiators around the world, almost none of them has ever had contact with a terrorist hostage-taking incident. Further, the entire training program of most hostage negotiators focuses on resolving crises that do not take into consideration issues such as ideology, religion, or the differing sets of strategic objectives and mindsets of ideological hostage takers. This is especially true with regard to the terrorists of the new breed, who have become less discriminate, more lethal, and more willing to execute hostages and die during the incident. Further, many of the paradigms and presumptions upon which the contemporary practice of crisis negotiation is based do not reflect the reality of the new terrorists.The main focus of this book is on the detailed reconstruction and analysis of the two most high-profile cases in recent years, the Moscow theater and the Beslan school hostage crises, with a clear purpose of drawing lessons for hostage negotiation strategies in the future. This is an issue of top priority. Terrorist manuals from countries such as Saudi Arabia and Iraq reveal that terrorist organizations are very closely observing and analyzing the lessons learned from these two incidents, suggesting that we are likely to see this type of new terrorist hostage taking involving large numbers of suicide fighters and executions of hostages at some point in the future. This raises a wide array of questions about appropriate responses and negotiation strategies. From the first glance, it is clear that we are not prepared.

    

    Quality assurance was conducted on each of these books in an attempt to remove books with imperfections introduced by the digitization process. Though we have made best efforts - the books may have occasional errors that do not impede the reading experience. We believe this work is culturally important and have elected to bring the book back into print as part of our continuing commitment to the preservation of printed works worldwide.

    Wilson’s writings and speeches had a significant impact on the deliberations that produced the cornerstone documents of our democracy. Wilson’s signal contribution to the founding of our national government was his advocacy for both a strong national government and an open and democratic political system, a position that set him apart from both Alexander Hamilton and Thomas Jefferson. Wilson’s writings form one of the most significant bodies of thought about the relationship between a distinctively American form of democracy and a distinctly American constitutional system. Wilson wrote extensively on the concepts of separation of powers, the authority of the judiciary to review acts of the other branches, and the development of principles of representative government. This collection of Wilson’s writings includes his famous law lectures, a number of noteworthy essays and speeches, some of which are presented together for the first time, and his opinions in several Supreme Court cases. Together, the writings in this volume illustrate that Wilson’s words more nearly foreshadowed the nation’s future than those of his better remembered contemporaries such as Alexander Hamilton, James Madison, and Thomas Jefferson. In addition to providing the reader with a historical view of the nature of American democracy, the power of courts and judges, the independence of the executive branch, and the power of law to structure social relations, this book speaks directly to the ongoing debate about the scope and nature of judicial review and the place of law and judicial structures in the conduct of society.James Wilson (1742–1798) emigrated from Scotland in 1765 and was one of the major architects of the American judicial system. In addition to his participation in the Federal Constitutional Convention and the Pennsylvania Constitutional Convention of 1789–90, he served as a member of Congress, the director of the original Bank of North America, and an associate justice of the Supreme Court.Kermit L. Hall (1944–2006) was the President of the State University of New York at Albany as well as Professor of History at the same institution.Mark David Hall is Herbert Hoover Distinguished Professor of Political Science at George Fox University.

    David Owen provides a detailed analysis of the Genealogy, situating it in the context of the development of Nietzsche's philosophy as a whole, as well as providing a lucid account of Nietzsche's reasons for adopting a genealogical investigation of moral values. Highlighting the key features of Nietzsche's critique of morality and his call for a re-evaluation of values, Owen shows how the arguments and rhetoric of the Genealogy combine to undermine our modern understanding of moral agency.

    National and state debates about government action, law, and the people's political powers reveal how Americans sought to understand how a collective sovereign-the people-could both play the role as the ruler and yet be ruled by governments of their own choosing.

    Davis examines the expanding power of prosecutors, from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases to the increasing politicization of the office. Drawing on her dozen years of experience as a public defender, Davis demonstrates how the everyday, legal exercise of prosecutorial discretion is responsible for tremendous inequities in criminal justice.Davis uses powerful stories of individuals caught in the system to illustrate how the day-to-day practices and decisions of well-meaning prosecutors produce unfair and unequal treatment of both defendants and victims, often along race and class lines. These disparities are particularly evident in prosecutors' charging and plea-bargaining decisions and in their muddy relationships with victims.Prosecutors not only hold vast power, Davis argues, but they are also under-regulated and lack accountability. The current standards of practice for prosecutors are unenforceable, while the mechanisms that purport to hold prosecutors accountable are weak and ineffectual. Not only does lack of oversight result in injustices, it may even foster a climate tolerant of unfair practices and in some cases, misconduct.Offering a sensible agenda for comprehensive review and reform, Arbitrary Justice challenges the legal community and concerned citizens to pursue and enact meaningful standards of con

    Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.

    Officially, it was being convened to discuss alterations to the then constitution of the United States of America: the Articles of Confederation. Some state legislatures had authorized their representatives to attend the meeting only on this basis, explicitly prohibiting them from considering a new constitution. To make certain that the general public did not find out about the nature of this conspiracy, the convention members swore an oath not to discuss any proceedings with the public...for the rest of their lives. The only first-hand accounts of the proceedings were published several years later after the death of the last survivor, James Madison, in 1836. The press was forbidden to attend. The meetings were held on the second floor of the building, so that would-be eavesdroppers could not hear anything. The new constitution would become the law of the land whenever nine state conventions ratified it. This was in explicit violation of the Articles, which required a unanimous vote for amendments. Thus did a group of men launch a coup-d'etat. This coup established a new national covenant in 1788, a covenant stripped of the Articles' invocation of God, "The Great Governor of the World," with only the old country's name transferred for public relations' sake: the United States of America. Today, we would call this a trademark violation. But it worked. In this new book from NiceneCouncil.com Conspiracy in Philadelphia: The Broken Covenant of the U.S. Constitution Dr. Gary North, in nearly five hundred pages with thousands of footnotes rehearses the story of the deeply theological origins and implications of that coup against the God of the Bible and His people, the Church of the Lord Jesus!

    In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

    In many communities it was a public event, to be witnessed, recorded, and made available by means of photographs. In this book, the art historian Dora Apel and the American Studies scholar Shawn Michelle Smith examine lynching photographs as a way of analyzing photography's historical role in promoting and resisting racial violence. They further suggest how these photographs continue to affect the politics of spectatorship. In clear prose, and with carefully chosen images, the authors chart the history of lynching photographs--their meanings, uses, and controversial display--and offer terms in which to understand our responsibilities as viewers and citizens.

    

    It is intended to serve as an authoritative and indispensable overview of the field. Although the handbook focuses on international environmental law, it also examines the subject from a broader policy and theoretical perspective, drawing on insights from other disciplines such as political science, economics, and philosophy. It aims to strike a balance between practical preoccupations and critical or theoretical reflection. Each chapter examines an issue that is central to current scholarly debates or policy development. At the same time, The Handbook is structured as a whole to provide readers with both a 'bigger picture' of international environmental law and a more in-depth understanding of its preoccupations. This approach is particularly important at a time in the development of international environmental law when its fragmentation into increasingly specialized sub-fields obscures unifying themes and cross-cutting challenges.The Handbook consists of 47 chapters in seven parts. Part I sets the stage for the Handbook, identifying overarching issues. Part II offers readers a range of theoretical lenses through which to analyze both the problems facing international environmental law and the solutions it may offer. Part III reviews the treatment of basic issues areas. Part IV analyzes the process of normative development in international environmental law. Part V will assess key theoretical concepts. Part VI examines the roles of various actors and institutions. And Part VII analyzes issues of implementation and enforcement. The Oxford Handbooks Series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.

    The book discusses the relationship between international obligations and national and local law, with particular reference to federal systems. It points out the influence national law has on the emergence of international law and the growing role international norms play in the development and enforcement of national and local environmental policies. It also examines the extent to which environmental protection should be and is taken into account in other regulatory frameworks, from trade law and human rights to disarmament and refugee policy.

    Bush, this newest entry in the popular Little Giant® Book series presents kids with loads of entertainment and education about the American presidency. Featuring fun illustrations throughout, it includes a list of all 43 presidents (in chronological and alphabetical order); a timeline of important events that occurred during each presidency; some firsts, lasts, and onlys associated with the presidents; popular nicknames; and fascinating facts about presidential families, finances, houses, favorite foods, sports and hobbies, monuments and memorials. There are interesting oddities—including many sightings of Lincoln’s ghost and the fact that Thomas Jefferson started the custom of a President shaking hands, rather than bowing, to guests—and lots of thought-provoking, memorable quotations.

    Placing legislative privilege in historical context, Josh Chafetz explores how and why legislators in Britain and America have been granted special privileges in five areas: jurisdictional conflicts between the courts and the legislative houses, freedom of speech, freedom from civil arrest, contested elections, and the disciplinary powers of the houses.Legislative privilege is a crucial component of the relationship between a representative body and the other participants in government, including the people. In recounting and analyzing the remarkable story of how parliamentary government emerged and evolved in Britain and how it crossed the Atlantic, Chafetz illuminates a variety of important constitutional issues, including the separation of powers, the nature of representation, and the difference between written and unwritten constitutionalism.  This book will inspire in readers a much greater appreciation for the rise and triumph of democracy.

    By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation.

    Providing a readable explanation of the law, this textbook brings business law to life through the extensive use of diagrams and examples highlighting how the law operates in its business context.

    It covers a range of topics taught on BA Law and Higher National Certificate/Diploma in Legal Services qualifications.

    This book collects together a thematic selection of his most widely read and widely cited pieces.Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. Although it discusses the legitimacy of criminal punishment it proceeds on the footing that the criminal law does many important things apart from punishing people. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.John Gardner tackles persistent and troublesome questions about the philosophical foundations of criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity?The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent, and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground.

    It summarizes and evaluates a discipline that is time-honored but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level.The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, Section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law.The Handbook contains forty-three chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

    Americans can fully participate in racial justice-making. Exploring native, African, and white relations at two moments of U.S. history, she illustrates how “white” identities are embodiments of deeply problematic moral realities. She argues that movements for reparations for people of African descent and sovereignty for native peoples attempt to redress such realities and thus are critical for both racial justice and transformation of what it means to be white in the United States.

    In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

    Author of over a thousand books on different aspects of Islam, his work sought to defend the Islamic scholarly tradition and to articulate its authority in an age of momentous religious and political change. In this authoritative biography, Muhammad Qasim Zaman offers a comprehensive and highly accessible account of Thanawi’s multifaceted career and thought, whilst also providing a valuable introduction to Islam in modern South Asia.

    J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial’s role as a legal proceeding?           Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them—and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media.            The Trial in American Life weaves Ferguson’s deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance.             “A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission.”—Judge Richard Posner “A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media’s obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time.”—Library Journal, starred review

    They propose three interdisciplinary 'lenses' (realist, liberal and constructivist) through which to view the role of international law in world politics and suggest that the concept of an international society provides the overall context within which international legal developments occur. These theoretical perspectives offer different ways of looking at international law in terms of what it is, how it works and how it changes. Topics covered include the use of force, international crimes, human rights, international trade and the environment. The new edition also contains more material on non-western perspectives, international institutions and non-state actors and a new bibliography. Each chapter features discussion questions and guides to further reading.

    It takes account of recent developments in the sociology of law to provide a rigorous analysis of the role of law in our society and shows how law creates the conditions for social peace and a thriving economy. In doing so, Institutions of Law fills the need for a twenty-first century introduction to legal theory, such as was achieved in the last century by H.L.A. Hart's The Concept of Law.

    Renting isn't what it used to be, particularly in highly competitive housing markets such as San Francisco, Berkeley and Santa Monica Now, more than ever, it is important that tenants know their rights This Nolo bestseller covers these rights and explains how to:handle repair problemsprotect privacyget deposits backfight discriminationbreak a leasedeal with roommatesfight an evictionunderstand rent control laws.

    In his new book, Law, War and Crime, Gerry Simpson explores the meaning and effect of such trials, and places them in their broader political and cultural contexts. The book traces the development of the war crimes field from its origins in the outlawing of piracy to its contemporary manifestation in the establishment of the International Criminal Court in The Hague. Simpson argues that the field of war crimes is constituted by a number of tensions between, for example, politics and law, local justice and cosmopolitan reckoning, collective guilt and individual responsibility, and between the instinct that war, at worst, is an error and the conviction that war is a crime.Written in the wake of an extraordinary period in the life of the law, the book asks a number of critical questions. What does it mean to talk about war in the language of the criminal law? What are the consequences of seeking to criminalise the conduct of one's enemies? How did this relatively new phenomenon of putting on trial perpetrators of mass atrocity and defeated enemies come into existence? This book seeks to answer these important questions whilst shedding new light on the complex relationship between law, war and crime.

    The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law.The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes.Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.

    Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.

    Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

    Divided into two parts, it deals with both the practice of mediation and the law surrounding mediation. Touching on the theory and philosophy behind the practice, it further describes in a theoretical and practical sense the difference between the emerging models of mediation. Mediator qualities are discussed in terms of issues of gender, culture and power. This book examines the important issue of mediation ethics and, taking into account the developing law surrounding the practice, proposes a code of ethics. It looks at the future of mediation in light of the decline in litigation, the rise in regulatory constraints on mediation and the popularity of online mediation. Mediation Law and Practice provides students and practitioners with the complete text on the practice and law surrounding mediation.

    That set off a firestorm of protest throughout the nation and ultimately led to the Supreme Court's landmark decision in Cooper v. Aaron, reaffirming Brown v. Board of Education's mandate for school integration with all deliberate speed and underscoring the supremacy of federal and constitutional authority over state law.Noted scholar Tony Freyer, arguably our nation's top authority on this subject, now provides a concise, lucid, and eminently teachable summary of that historic case and shows that it paved the way for later civil rights victories. He chronicles how the Little Rock school board sought court approval to table integration efforts and how the black community brought suit against the board's watered-down version of compliance. The board's request was denied by a federal appeals court and taken to the Supreme Court, where the unanimous ruling in Cooper reaffirmed federal law-but left in place the maddening ambiguities of all deliberate speed.While other accounts have focused on the showdown on the schoolhouse steps, Freyer takes readers into the courts to reveal the centrality of black citizens' efforts to the origins and outcome of the crisis. He describes the work of the Little Rock NAACP--with its Legal Defense Fund led by Thurgood Marshall and Wiley Branton--in defining the issues and abandoning gradualism in favor of direct confrontation with the segregationist South. He also includes the previously untold account of Justice William Brennan's surprising influence upon Justice Felix Frankfurter's controversial concurring opinion, which preserved his own deliberate speed wording from Brown.With Cooper, the well morticed high wall of segregation had finally cracked. As the most important test of Brown, which literally contained the means to thwart its own intent, it presaged the civil rights movement's broader nonviolent mass action combining community mobilization and litigation to finally defeat Jim Crow. It was not only a landmark decision, but also a turning point in America's civil rights struggle.

    Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law.In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.

    It is an analysis of the state of human rights in a 'post human' and 'machinistic' world almost overwhelmed by security concerns, 'terrorist threats', and technoscience. It begins with a series of questions: Are there now two different realms of human rights: human rights in times of peace and human rights in the 'state of exception'? Does such a distinction affect the nascent jurisdiction of the International Criminal Court? In what way do these impacts on global social policy concern development? The book goes on to present a critique of approaches towards a theory of human rights proposed by Amartya Sen and Sen's emphasis on the ethical, as opposed to juridical, nature of such rights. Focusing on the human right to development, the author examines why the UN Declaration on the Human Right to Development has not attracted more attention and goes on to highlight the work of Arjun Sengupta and its implications for the human right to development. It goes on to examine how in the current world scenario the 'emancipatory potential' of human rights may be carried forward in theoretical work and through activism.

    The book introduces students and practitioners of law, political science, and international affairs to the system and substance of international law. It is also a convenient and comprehensive reference work.

    citizens live under the U.S. flag in Puerto Rico, yet they can neither vote for president nor have voting representation in Congress, which enacts the federal laws under which they live. In fact, residents of Puerto Rico and other U.S. territories do not have the basic rights of self-determination that U.S. citizens generally enjoy and that the United States has committed itself to achieving for peoples around the globe.This timely volume provides a comprehensive historical and constitutional framework for addressing increasingly serious issues of national policy concerning the political status and federal governance of Puerto Rico and other U.S. territories. Political gridlock in Congress and in Puerto Rico has stymied efforts to put Puerto Rico on a path toward a permanent political status that ensures full self-government for its residents. If Congress does not act soon, U.S. courts may be asked to give more serious consideration to whether the residents of Puerto Rico and other U.S. territories have political and human rights under U.S. and international law that can no longer be ignored by the political branches of government.

    Juris Types includes a CD-ROM of reproducible step-by-step exercises to help guide you through each chapter. You will discover your own methods to better organize your time, study effectively, and prepare for and perform successfully on tests. An indispensable tool for maximum law school success with a minimum of stress.

    Written for late school and early university students.Early Greek Lawgivers examines the men who brought laws to the early Greek city-states, as an introduction both to the development of law and to the basic issues in early legal practice. The lawgiver was a man of special status, who could resolve disputes without violence, and who brought a sense of order to his community. Figures such as Minos of Crete, Lycurgus of Sparta and Solon of Athens resolved the chaos of civil strife by bringing comprehensive norms of ethical conduct to their fellows, and establishing those norms in the form of oral or written laws.Arbitration, justice, procedural versus substantive law, ethical versus legal norms, and the special character of written laws, form the background to the examination of the lawgivers themselves. Crete, under king Minos, became an example of the ideal community for later Greeks, such as Plato. The unwritten laws of Lycurgus established the foundations of the Spartan state, in contrast with the written laws of Solon in Athens. Other lawgivers illustrate particular issues in early law; for instance, Zaleucus on the divine source of laws; Philolaus on family law; Phaleas on communism of property; and Hippodamus on civic planning.

    We are living in a society that is becoming increasingly complicated. While trying to raise families, buy homes and keep our jobs, we are bumping into each other more and more. In this book, lawyer Michael Cochrane provides straight answers to common legal questions he encounters each week on his TV program, Strictly Legal

    The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties.Please click on the link below to visit the series website:www.casebooks.eu/contractLaw.

    Fabulous!”—David Rudenstine, Dean, Benjamin N. Cardozo School of Law, Yeshiva University “Stephen Solomon’s Ellery’s Protest provides a brilliant analysis of a major Supreme Court decision that redefined the relationship between church and state almost a half century ago. This study goes well beyond simply offering a gripping account of the course of litigation that brought before the Justices the contentious issue of prayer and Bible reading in public schools, though the thoroughness of that account would merit careful reading by itself. Especially impressive is the author’s deep probing of hitherto neglected sources, and invaluable primary material including extensive direct contact with the plaintiff, the ‘Ellery’ of the book’s title. Finally, and perhaps most impressive, is Solomon’s careful placement of the issue and the case in a far broader context that is as critical to national life and policy today as it was four and a half decades ago when the high Court first tackled these questions.”—Robert O’Neil, Professor of Law, University of Virginia Great legal decisions often result from the heroic actions of average citizens. Ellery’s Protest is the story of how one student’s objection to mandatory school prayer and Bible reading led to one of the most controversial court cases of the twentieth century—and a decision that still reverberates in the battle over the role of religion in public life. Abington School District v. Schempp began its journey through the nation’s courts in 1956, when sixteen-year-old Ellery Schempp protested his public school’s compulsory prayer and Bible-reading period by reading silently from the Koran. Ejected from class for his actions, Schempp sued the school district. The Supreme Court’s decision in his favor was one of the most important rulings on religious freedom in our nation’s history. It prompted a conservative backlash that continues to this day, in the skirmishes over school prayer, the teaching of creationism and intelligent design, and the recitation of the Pledge of Allegiance with the phrase “under God.” Author Stephen D. Solomon tells the fascinating personal and legal drama of the Schempp case: the family’s struggle against the ugly reactions of neighbors, and the impassioned courtroom clashes as brilliant lawyers on both sides argued about the meaning of religious freedom. But Schempp was not the only case challenging religious exercises in the schools at the time, and Ellery’s Protest describes the race to the Supreme Court among the attorneys for four such cases, including one involving the colorful atheist Madalyn Murray. Solomon also explores the political, cultural, and religious roots of the controversy. Contrary to popular belief, liberal justices did not kick God out of the public schools. Bitter conflict over school Bible reading had long divided Protestants and Catholics in the United States. Eventually, it was the American people themselves who removed most religious exercises from public education as a more religiously diverse nation chose tolerance over sectarianism. Ellery’s Protest offers a vivid account of the case that embodied this change, and a reminder that conservative justices of the 1950s and 60s not only signed on to the Schempp decision, but strongly endorsed the separation of church and state.

    The warring ideas of centralization and decentralization are at the core of modern political debates about the national economy, U.S. foreign policy, and citizens' cultural values-just as they were among our Founding Fathers. With the election of Abraham Lincoln, the concept and practice of centralization in U.S. government gained power. In contrast, the Confederate constitution carried decentralization even further than the original Constitution and added a number of features that could stand us in good stead in this time of big government and excessive rules.

    With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation.Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching.  In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.

    Every one of them is vital, in all ages. For only by observing them can man live a full life each week; maintain a happy marriage; and function well in his home, his job, and even in the world internationally.God Himself is the Root of the Moral Law, and perfectly reflects it. Salvation was never by the works of the Law. For even before the fall, man was to keep it out of gratitude for God's great grace. Unfallen man kept the whole Decalogue. The Sabbath, Marriage, the Forbidden Fruit, and the Tree of Life all reveal it. When man broke God's Law, he degenerated more and more--from the Fall to the Flood. The Patriarchs kept it, and the Prophets called man back to keep it. So, too, should we.

    It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organizations, diplomatic conferences, codification bodies, NGOs, and courts.Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behavior. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralized nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated.An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.