Best of
Law

2008

The Best I Could


Subhas Anandan - 2008
    From taking on the sensational cases of Took Leng How, Anthony Ler and Ah Long San to his views on mandatory death sentences and police entrapment , Subhas Anandan has become the face of criminal defence in Singapore. But why does he choose to represent clients who are to all intents and purposes guilty? And are the criminals who he represents really the monsters they are made out to be? Has he ever felt sorry for the clients he represents? What are his views on the death penalty, and which parts of the legal system does he think need reforming?

Manual of Style for Contract Drafting


Kenneth A. Adams - 2008
    Adams has created a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract l ... Available here:readbux.com/download?i=1634259645A Manual of Style for Contract Drafting PDF by Kenneth A. AdamsRead A Manual of Style for Contract Drafting PDF from American Bar Association,Kenneth A. AdamsDownload Kenneth A. Adams’s PDF E-book A Manual of Style for Contract Drafting

Who Killed the Constitution?: The Assault on American Law and the Unmaking of a Nation


Thomas E. Woods Jr. - 2008
    . . dead. You won’t hear that from the politicians who endlessly pay lip service to the Constitution. It’s the dirty little secret that bestselling authors Thomas E. Woods Jr. and Kevin R. C. Gutzman expose in this provocative new book. The fact is that government officials—Democrats and Republicans, presidents, judges, and congresses alike—long ago rejected the idea that the Constitution possesses a fixed meaning limiting the U.S. government’s power. In case you’ve forgotten, this idea was not a minor aspect of the Constitution; it was the document’s very purpose. Woods and Gutzman round up the suspects responsible for the death of the government the Founding Fathers designed. Going right to the scenes of the crimes, they dissect twelve of the most egregious assaults on the Constitution—some virtually unknown. In chronicling this “dirty dozen,” the authors show that the attacks began long before presidents declared preemptive wars, congresses built pork-barrel bridges to nowhere, and Supreme Court justices began to behave as our supreme legislators. In Who Killed the Constitution? Woods and Gutzman• REVEAL the federal government’s “great gold robbery”—the flagrant assault on the Constitution you never heard about in history class• DESTROY the phony case for presidential war power• EXPOSE how the federal government has actively discriminated to end . . . discrimination• TEAR DOWN the “wall of separation” between church and state—an invention that completely contradicts what the Constitution says• DARE to touch the “third rail of American jurisprudence,” Brown v. Board of Education—showing why a government decision that seems “right” isn’t necessarily constitutionalNever shying away from controversy, Woods and Gutzman reveal an unsettling but unavoidable truth: now that the federal government has broken free of the Constitution’s chains, government officials are restrained by little more than their sense of what they can get away with.Who Killed the Constitution? is a rallying cry for Americans outraged by government run amok and a warning to take heed before we lose the liberties we are truly entitled to.

The Framing of Mumia Abu-Jamal


J. Patrick O'Connor - 2008
    This book is the first to convincingly show how the Philadelphia Police Department and District Attorney’s Office efficiently and methodically framed him. It takes you step-by-step through what actually transpired on the night Faulkner was shot, including positioning each of the witnesses at the scene and revealing the identity of the killer. It also details the entire trial and fully covers the tortuous appeals process. The author, a seasoned crime reporter, writes in the language of hard facts, without hyperbole or exaggeration, unfounded accusation or finger-pointing, to reveal the truth about one of the most hotly debated cases of the twentieth century.

The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power


Jonathan Mahler - 2008
    forces in Afghanistan. After he had confessed to being Osama bin Laden's driver, Hamdan was transferred to Guantanamo Bay, and he was soon designated by President Bush for trial before a special military tribunal. The Pentagon assigned a military defense lawyer to represent him, a boyish-looking thirtyfive-year-old graduate of the Naval Academy, Lieutenant Commander Charles Swift. No one expected Swift to mount much of a defense. The rules of the tribunals, America's first in more than fifty years, were stacked against him--and that is assuming that his superiors didn't expect him to throw the game altogether. Instead, Swift enlisted the help of a young constitutional law professor at Georgetown, Neal Katyal, to help him sue the Bush administration over the legality of the tribunals. In the spring of 2006, Katyal argued the case, Hamdan v. Rumsfeld, before the Supreme Court and won. Written with the full cooperation of Swift and Katyal, Hamdan v. Rumsfeld is the inside story of this seminal case, perhaps the most important decision on presidential power and the rule of law in the history of the Supreme Court, as told by a writer for The New York Times Magazine, Jonathan Mahler follows the story both of Swift's relationship with Hamdan, in particular his struggle to keep his client alive in Guantanamo, and of the unprecedented legal case itself. It is a legal thriller in the spirit of A Civil Action, set against the backdrop of the war on terror and the battle over presidential power.

The Public Domain: Enclosing the Commons of the Mind


James Boyle - 2008
    Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today’s policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation.Boyle identifies as a major problem the widespread failure to understand the importance of the public domain—the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson’s philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the “commons of the mind,” Boyle argues, we will all be the poorer.

The Cult of the Presidency: America's Dangerous Devotion to Executive Power


Gene Healy - 2008
    Yet despite the controversy surrounding the administration's expansive claims of executive power, both Left and Right agree on the boundless nature of presidential responsibility. The Imperial Presidency is the price we seem to be willingly and dangerously agreeable to pay the office the focus of our national hopes and dreams. Interweaving historical scholarship, legal analysis, and cultural commentary, The Cult of the Presidency argues that the Presidency needs to be reined in, its powers checked and supervised, and its wartime authority put back under the oversight of the Congress and the courts. Only then will we begin to return the Presidency to its proper constitutionally limited role.

Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing


Stephen V. Armstrong - 2008
    Hailed as "the best book ever written on legal writing" by practicing attorney and former Marine Corps Staff Judge Advocate Theodore Hess, Thinking Like a Writer includes exercises, examples, and highlighted drafting do's and don'ts to help you to: . Craft introductions that activate readers' minds from the start.. Develop a writing persona that's credible, professional, and engaging.. Write strong, streamlined sentences that bring subjects into clear focus.. Create logically-linked paragraphs that carry readers forward smoothly.. Break up information stylistically and graphically to enhance comprehension.. Use syntax, verbs, and varied sentence lengths to keep readers' attention.. Instill writing with added grace, energy, character, and imagination.. Communicate directly with different audiences, including clients, associates, senior lawyers, and judges.. Identify drafting problems, understand their causes, and find the right editorial solutions.Thinking Like a Writer shows you how to blend reason and emotion, detail and simplicity, and concrete language and metaphors to ensure that your legal writing does full justice to your legal thinking

1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School


Andrew J. McClurg - 2008
    It essentially answers the questions, What s the first year of law school really like and how can I make the most of it? Readers learn what to expect, when to expect it, and how to respond to it. Other how to succeed in law school books exist, but 1L of a Ride is the only book that: Addresses each aspect of academic success, including the top five habits of successful law students, effective class participation, how to interact with professors, case-briefing, note-taking, outlining, exam preparation, and essay and multiple-choice exam strategies. Includes both a professor and student perspective, with comments from real law students as they progressed through their first year from beginning to end. Features authentic samples of Socratic dialogue, student case briefs, student class notes, and exam questions and answers. Focuses on practical advice that can be followed by any student from day one. Employs a lively first-person voice, humor, and dozens of anecdotes to bring the advice to life. Relies on educational research to back up advice. Includes input from other law professors, including an interview with five professors of Legal Writing, the course that causes the most angst and complaints from first-year students. Provides up-to-date advice in step with the changing landscape of U.S. legal education, including coverage of technology issues relevant to law students.

The Legal Cases in the Book of Mormon


John W. Welch - 2008
    

A Typology of Domestic Violence: Intimate Terrorism, Violent Resistance, and Situational Couple Violence


Michael P. Johnson - 2008
    The first debate is about gender and domestic violence. Some scholars argue that domestic violence is primarily male-perpetrated, others that women are as violent as men in intimate relationships. Johnson's response to this debate--and the central theme of this book--is that there is more than one type of intimate partner violence. Some studies address the type of violence that is perpetrated primarily by men, while others are getting at the kind of violence that women areinvolved in as well. Because there has been no theoretical framework delineating types of domestic violence, researchers have easily misread one another's studies.The second major debate involves how many women are abused each year by their partners. Estimates range from two to six million. Johnson's response once again comes from this book's central theme. If there is more than one type of intimate partner violence, then the numbers depend on what type you're talking about.Johnson argues that domestic violence is not a unitary phenomenon. Instead, he delineates three major, dramatically different, forms of partner violence: intimate terrorism, violent resistance, and situational couple violence. He roots the conceptual distinctions among the forms of violence in an analysis of the role of power and control in relationship violence and shows that the failure to make these basic distinctions among types of partner violence has produced a research literature that is plagued by both overgeneralizations and ostensibly contradictory findings. This volume begins the work of theorizing forms of domestic violence, a crucial first step to a better understanding of these phenomena among scholars, social scientists, policy makers, and service providers.

Against Intellectual Monopoly


Michele Boldrin - 2008
    We witness teenagers being sued for "pirating" music, and we observe AIDS patients in Africa dying due to lack of ability to pay for drugs that are high priced to satisfy patent holders. Are patents and copyrights essential to thriving creation and innovation—do we need them so that we all may enjoy fine music and good health? Across time and space the resounding answer is: No. So-called intellectual property is in fact an "intellectual monopoly" that hinders rather than helps the competitive free market regime that has delivered wealth and innovation to our doorsteps. This book has broad coverage of both copyrights and patents and is designed for a general audience, focusing on simple examples. The authors conclude that the only sensible policy to follow is to eliminate the patents and copyright systems as they currently exist.

Dishonest Money: Financing the Road to Ruin


Joseph Plummer - 2008
    Each topic is explained in simple / common language: The Federal Reserve System, the International Monetary Fund and the World Bank; who created them and who benefits?Inflation, deflation, booms, busts, BAILOUTS, depressions and recessions; what are they, what causes them and who benefits?Honest money VS dishonest money: how are they different and who benefits?By the end of this short book, the reader will be familiar with these terms, will know "who benefits" and (more importantly) will know who ultimately pays the price...

Criminal Law (Law Express)


Emily Finch - 2008
    It is designed to help you understand what is important about criminal law, enable you to remember the important cases and statutes, and show you how to apply your knowledge in exams.

The Unconstitutionality Of Slavery (1845)


Lysander Spooner - 2008
    Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.

The Character of Harms: Operational Challenges in Control


Malcolm K. Sparrow - 2008
    In this provocative new book, he demonstrates that an explicit focus on the bads, rather than on the countervailing goods (safety, prosperity, environmental stewardship, etc.) can provide rich opportunities for surgically efficient and effective interventions - an approach which he terms the sabotage of harms. Drawing from Sparrow's rich background and unique experiences in law enforcement, this book makes a powerful case for this new approach to tackling the complex problems facing society.

Beyond (Straight and Gay) Marriage: Valuing All Families under the Law


Nancy D. Polikoff - 2008
    Beyond (Straight and Gay) Marriage boldly moves the discussion forward by focusing on the larger, more fundamental issue of marriage and the law. The root problem, asserts law professor and LGBT rights activist Nancy Polikoff, is that marriage is a bright dividing line between those relationships that legally matter and those that don't. A woman married to a man for nine months is entitled to Social Security survivor's benefits when he dies; a woman living for nineteen years with a man or woman to whom she is not married receives nothing.Polikoff reframes the debate by arguing that all family relationships and households need the economic stability and emotional peace of mind that now extend only to married couples. Unmarried couples of any sexual orientation, single-parent households, extended family units, and myriad other familial configurations need recognition and protection to meet the concerns they all share: building and sustaining economic and emotional interdependence, and nurturing the next generation. Couples should have the choice to marry based on the spiritual, cultural, or religious meaning of marriage in their lives, asserts Polikoff. While marriage equality for same-sex couples is a civil rights victory, she contends that no one should have to marry in order to reap specific and unique legal results. A persuasive argument that married couples should not receive special rights denied to other families, Polikoff shows how the law can value all families, and why it must.

The Principles and Practice of International Commercial Arbitration


Margaret L. Moses - 2008
    Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including the most recent changes in arbitration laws, rules, and guidelines. The second edition includes updates on rules and guidelines, such as the arbitration rules of the ICC, the SCC, the ACICA, and UNCITRAL, as well as the 2010 IBA Rules on Taking of Evidence in International Arbitration. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

International Air Law and ICAO


Michael Milde - 2008
    The developments often overtake the existing writings and there is a continuous need not only for updating, but also for future-oriented thinking. There is a practical need for a compact, yet exhaustive, and easily comprehensible reference book or textbook that deals with the most general aspects of international air law, that also deals with the constitutional issues and law-making functions of the International Civil Aviation Organization (ICAO). This book fills the gap as it is a general treatise on the law of international civil aviation aimed at the needs of university students and educators, government authorities, airlines, practicing lawyers, journalists, international organizations, and the general public. This book is motivated by the author's 25 years of experience as international civil servant in the Secretariat of ICAO in Montreal, with his last eight years as Director of the Legal Bureau responsible for the legal work program of the organization. In equal measure, the inspiration for the content of this book came from the author's academic work as Director of the Institute of Air and Space Law of McGill University (1989-1998) and his role as professor of law at that Institute until 2006.

The Court and the Cross: The Religious Right's Crusade to Reshape the Supreme Court


Frederick S. Lane - 2008
    Bush has appointed two Supreme Court justices during his terms in office, the next president may be in a position to appoint up to three new justices, replacing one third of the Court. This relatively high number could drastically alter future Supreme Court rulings. Now is the perfect time to consider the role of politics in Supreme Court nominations and in the new appointees' ensuing decisions.In The Court and the Cross, legal journalist Frederick Lane reveals how one political movement, the Religious Right, has dedicated much of the last thirty years to molding the federal judiciary, always with an eye toward getting their choices onto the Supreme Court. This political work has involved grassroots campaigns, aggressive lobbying, and a well-tended career path for conservative law students and attorneys, and it has been incredibly effective in influencing major Court decisions on a range of important social issues. Recent decisions by the Right's favored judges have chipped away at laws banning prayer in school, bolstered restrictions on women's access to abortion and birth control, and given legal approval to President Bush's use of federal funds for religious organizations. In the near future, the courts will confront a host of hot-button issues, from stem cell research and gay rights to religious expression on government property and euthanasia. As the courts hear cases driven by an evangelical agenda and tainted with religious rhetoric, Lane surveys the damage to the wall separating church and state and asks, Has the Religious Right done irreparable harm?As a new president takes office, it is more important than ever to understand the political and social forces behind the Supreme Court nomination process. The Court and the Cross is a revealing look at how much has already been lost, thanks to the concerted efforts of the Religious Right to change the Court, and a timely warning of how much more we could yet lose.

Democracy's Prisoner: Eugene V. Debs, the Great War, and the Right to Dissent


Ernest Freeberg - 2008
    In this narrative he tells how Debs was one of thousands of Americans arrested for speaking his mind during the Great War.

Mergers and Acquisitons: A Step-By-Step Legal and Practical Guide


Edwin L. Miller Jr. - 2008
    Part legal primer, part business and negotiating primer, Mergers and Acquisitions: A Step-by-Step Legal and Practical Guide provides comprehensive and understandable advice for management, investors, legal and business professionals, and law and business school students.Providing expert guidance on the legal frame-work, deal points, and practicalities at each stage of an M&A transaction, Edwin L. Miller, Jr. explores the M&A process from beginning to end, including:Corporate finance fundamentals Critical early steps in the acquisition process How to structure transactions to achieve the best economic result Tax considerations for both buyers and sellers Key and often-misunderstood provisions in the definitive acquisition agreement Acquisitions of public companies--what's different Leveraged buyouts and acquisitions of troubled businesses Mergers and Acquisitions is a must-read whether you're a legal or business professional, an entrepreneur, an investor, or a law or business school student. The book will also be extremely useful to international lawyers and businessmen who need to understand the M&A practices in the United States that are being increasingly adopted around the world.Praise for Mergers and Acquisitions"Buyers and sellers both hope to be winners in an acquisition. But at the negotiating table, there is only one winner for each point and winning may mean a significant change in the deal economics. The insights in this book are crucial for both buyers and sellers and lay out the rationale for both sides of all of the money issues and other important deal points." --Todd Koopersmith, Vice President, Business Development, Iron Mountain"This book will help M&A professionals get up to speed on a wide range of deal points. It explains the legal background and transaction structuring issues in M&A transactions that every investment professional must know." --Gregory Burkus, founder and partner, Shasta Partners"This book is an essential resource for business people, and the lawyers and other professionals who advise them, to develop a real-world understanding of how the M&A process works. More importantly, it explains why specific deal structures, contractual terms and diligence procedures are used." --Jonathan Wolfman, Partner, WilmerHale, Boston"As U.S. M&A concepts, documents and practices become increasingly adopted internationally, this book will be an invaluable resource. It provides an excellent overview of the entire area, and is easily understandable by corporate executives and lawyers outside the United States." --Leo Specht, founder, Specht Rechtsanwalts-Gesellschaft mbH, Vienna, Austria

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975


Constance Backhouse - 2008
    Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories. This book is the best kind of legal history a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system.Published for the Osgoode Society for Legal History.

The Poulantzas Reader: Marxism, Law and the State


Nicos Poulantzas - 2008
    This volume brings together a wide selection of Poulantzas’ key writings in legal philosophy and political sociology, including some important pieces translated here for the first time. Texts include his early analyses of law, his studies of hegemony, authoritarianism, and social classes, and his debate on the state with Ralph Miliband and Ernesto Laclau.An essential introduction for the scholar and the student to a body of work that continues to reverberate across the social sciences.

Rule by Law: The Politics of Courts in Authoritarian Regimes


Tom Ginsburg - 2008
    As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

American Indians and the Law


N. Bruce Duthu - 2008
    The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes—with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country.

Out in the Storm: Drug-Addicted Women Living as Shoplifters and Sex Workers


Gail A. Caputo - 2008
    It provides in-depth criminological analysis of drug addiction and female criminality in addition to the sociology of crime work and occupations. Because most of the women interviewed are poor African-Americans raised and living in socially and economically disadvantaged neighborhoods, Caputo pays particular attention to gender, class, and other systems of status in the complex interactions between women s lives, drug addiction, and criminality. Out in the Storm reveals similarities and differences in pathways women take to drug addiction and particular crimes and illustrates how women manage both the business and risks of crime in urban drug cultures. Caputo devotes careful attention to the technical and organizational aspects of shoplifting and sex work and is equally sensitive to nuance and difference among those she interviewed. While her subjects struggle to overcome much pain brought on by victimization and to live within social and economic constraints, Caputo illustrates how these women make crime work and demonstrates how they can and do make choices. With her analysis of shoplifting, Caputo provides rich, new insight into one of society s most compelling social problems and challenges the overly sexualized portrayal of women s crime. Unique in bringing together data on substance abuse, shoplifters, and sex workers, this volume will be an essential resource for scholars, activists, and practitioners with expertise or interest in criminological theory, urban poverty, women s studies, youth crime, the sociology of work and occupations, the sociology of education, and addiction."

Targeted Killing in International Law


Nils Melzer - 2008
    It addresses the relevance of the law of interstate force to targeted killings, and the interrelation of the various normative frameworks which may simultaneously apply to operations involving the use of lethal force.Through a comprehensive analysis of treaties, custom and general principles of law in light of jurisprudence, doctrine and travaux preparatoires the author demonstrates that contemporary international law provides two distinct normative paradigms which govern targeted killings in situations of law enforcement and the conduct of hostilities. Based on the resulting normative paradigms, the author shows in what circumstances targeted killings may be considered as internationally lawful. The practical relevance of the various conditions and modalities are illustrated by reference to concrete examples of targeted killing from recent state practice.The book argues that any targeted killing not directed against a legitimate military target remains subject to the law enforcement paradigm, which imposes extensive restraints on the practice. Even under the paradigm of hostilities, no person can be lawfully liquidated without further considerations. As a form of individualized or surgical warfare, the method of targeted killing requires a microscopic interpretation of the law regulating the conduct of hostilities which leads nuanced results reflecting the fundamental principles underlying international humanitarian law.The author concludes by highlighting and comparing the main areas of concern arising with regard to state-sponsored targeted killing under each normative paradigm and by placing the results of the analysis in the greater context of the rule of law.*The author has conceived and written this book in an entirely personal capacity and independently from his function as a Legal Adviser in the Legal Division of the ICRC. The opinions expressed therein are his own and do not necessarily correspond to those held by the ICRC or its Legal Division.

Law and the Internet: Third Edition


Lilian Edwards - 2008
    The editors have once again assembled a team of expert authors to write about those aspects of internet law which are of special importance in the global regulation of the internet. The book is focused around three principal themes - e-commerce, intellectual property (IP), and privacy, data protection, and cyber-crime with, in addition, a major contribution on internet governance. This edition incorporates, for the first time, areas such as data protection, privacy and electronic surveillance, cyber crime and cyber security, jurisdiction, and dispute resolution online. The section on IP contains clearer and more comprehensive analysis of the ways in which IP and the internet intersect, including coverage of open source licenses and the IP problems around search engines. The third edition also takes account of all current cases and legislation, including the draft revised EC Telecoms Package and the Audio Visual Media Services Directive. Law and the Internet: Third Edition will be essential reading for students, teachers, and practitioners interested in internet law and practice, as well as technologists and social scientists.

Supreme Neglect: How to Revive Constitutional Protection for Private Property


Richard A. Epstein - 2008
    Indeed, common-law tradition holds that property is the guardian of every other right. And yet, for most of the last seventy years, property rights had few staunch supporters in America.This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor.Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.

You Be the Judge: 20 True Crimes and Cases to Solve


Norbert Ehrenfreund - 2008
    Can you convict an abused woman who kills her husband because she is afraid he will beat her again? What about a man who helps his best friend commit suicide to avoid a painful death? Would you allow a feeding tube to be removed from a 92-year-old coma victim so she can die peacefully?Put yourself in the place of the judge or one of the jurors as you read the details of each case. Many of these trials raise questions that go beyond the law to the heart of one's own moral code.At the end of each case, after rendering your own verdict, you can read on to find out what really happened.THE CASE IS NOW IN YOUR HANDS.

The Death of Justice


Michael O'Brien - 2008
    in this book he reveals all about the police incompetence and scapegoating which landed him as an innocent man in prison. It also tells of his tooth-and-nail fight through the highest courts, not only to get himself free, but to gain the highest compensation payout of its kind. While in prison, Michael lost not only his freedom but everything he'd ever had, including his wife, his child, and even his health. But he did gain something from his time inside: a self-taught knowledge of Law, and a burning desire to help others fight for justice. On his release he joined forces with another miscarriage of justice victim, Paddy Joe Hill, a member of the Birmingham Six. They set up MOJO (the Miscarriages of Justice Organisation) to help others fight the corrupt British justice system.

The Criminalization of Mental Illness: Crisis and Opportunity for the Justice System


Risdon N. Slate - 2008
    

Torture Team: Rumsfeld's Memo and the Betrayal of American Values


Philippe Sands - 2008
    Secretary of Defense, Donald Rumsfeld, signed his name at the bottom of a document that listed eighteen techniques of interrogation--techniques that defied international definitions of torture. The Rumsfeld Memo authorized the controversial interrogation practices that later migrated to Guantanamo, Afghanistan, Abu Ghraib and elsewhere, as part of the policy of extraordinary rendition. From a behind-the-scenes vantage point, Phillipe Sands investigates how the Rumsfeld Memo set the stage for a divergence from the Geneva Convention and the Torture Convention and holds the individual gatekeepers in the Bush administration accountable for their failure to safeguard international law.The Torture Team delves deep into the Bush administration to reveal:- How the policy of abuse originated with Donald Rumsfeld, Dick Cheney and George W. Bush, and was promoted by their most senior lawyers- Personal accounts, through interview, of those most closely involved in the decisions- How the Joint Chiefs and normal military decision-making processes were circumvented- How Fox TV's 24 contributed to torture planning- How interrogation techniques were approved for use- How the new techniques were used on Mohammed Al Qahtani, alleged to be "the 20th highjacker"- How the senior lawyers who crafted the policy of abuse exposed themselves to the risk of war crimes charges.

Self-Defense in Islamic and International Law: Assessing Al-Qaeda and the Invasion of Iraq


Niaz A. Shah - 2008
    Al-Qaeda’s declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does not meet the international legal test. Dr Shah examines those causes attributed to Islam and non-Islamic causes of terrorism and argues that the theory of ‘reactive terror’ provides the most plausible explanation for so-called Islamic terrorism. The nature of conflicts in Afghanistan and Iraq is changing and Muslim leaders (not including Al-Qaeda or pro Anglo-American governments) may, by consensus, declare Jihad if the occupying forces do not withdraw. Such declaration would be according to Islamic and international law.

The Emperor's Old Clothes: Constitutional History and the Symbolic Language of the Holy Roman Empire


Barbara Stollberg-Rilinger - 2008
    This book argues that this was because the political and social order could not be understood without considering the rituals and symbols that held the Empire together. What determined the rules (and whether they were followed) depended on complex symbolic-ritual actions.By examining key moments in the political history of the Empire, the author shows that it was a vocabulary of symbols, not the actual written laws, that formed a political language indispensable in maintaining the common order."

The Believer's Guide to Legal Issues


Stephen L. Bloom - 2008
    I have no idea where to turn. Do I need to see a lawyer? The Believer's Guide to Legal Issues   isn't written for legal scholars or ivory tower intellectuals, but for average Christians currently interacting in some way with the legal system (whether by choice or unavoidable circumstance).It promotes a system of Christian legal ethics that restores relationships, values integrity, and promotes peace. It confronts an out-of-control secular legal system that destroys relationships, idolizes greed, and celebrates revenge. This book is a comforting companion and helpful counselor for the Christian who is bewildered, overwhelmed, and increasingly uneasy with "all this legal stuff", and how it fits in with his or her Christian morals and beliefs.Both comprehensive in scope and friendly in tone, the legal topics addressed have been selected to cover situations average people encounter in the course of everyday life. Hot topics are examined, such as living wills, living trust, medical assistance planing, bankruptcy, divorce, estate planning, criminal defense, taxes, and real estate matters. Every chapter includes two life lessons of individual facing these critical issues.readers will be enlightened, encouraged in their faith, and empowered in their ability to make sound decisions to honor that faith, even in the high-stakes, pressure-filled, secular legal arena.

Rick Friedman On Becoming A Trial Lawyer


Rick Friedman - 2008
    Now, in Rick Friedman on Becoming a Trial Lawyer, Friedman turns to the inner obstacles that keep us from reaching our full potential as trial lawyers. Combining nuts-and-bolts practical advice with inspirational insights, he guides us on the journey every trial lawyer must take, from the struggle to gain trial experience to the search for happiness in a career fraught with conflict and frustration. Along the way he addresses topics as diverse as common mistakes made by even the most experienced trial lawyer to the benefits of psychotherapy.The perfect gift for yourself--or for any other trial lawyer in your life.

Introduction to International Legal English: A Course for Classroom or Self-Study Use [With 2 CDs]


Amy Krois-Lindner - 2008
    Suitable for classroom use or self-study, the course prepares learners for using English in a commercial law environment. Using authentic legal texts and case studies supplied by TransLegal, Europe's leading firm of lawyer-linguists, the course develops an understanding of the law and consolidates language skills. Featuring both academic and professional contexts, Introduction to International Legal English is an ideal starting point for preparing for the Cambridge ILEC examination.

Truth, Error, and Criminal Law: An Essay in Legal Epistemology


Larry Laudan - 2008
    Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms--the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof--for implementing society's view about the relative importance of the errors that can occur in a trial.

From Coexistence to Conquest: International Law and the Origins of the Arab-Israeli Conflict, 1891-1949


Victor Kattan - 2008
    It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905.The book places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine.The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

Insanity: Murder, Madness, and the Law


Charles Patrick Ewing - 2008
    Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even thelegal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence.From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like JackRuby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminaljustice system as we know it today.In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensiblemurderers of our age.

Walking on: A Daughter's Journey with Legendary Sheriff Buford Pusser


Dwana Pusser - 2008
    This intimate, thrilling, and heartfelt biography presents Pusser as only his family and closest friends knew him. From the highly publicized and tragic ambush that resulted in the death of Pusser's wife to the private, tender memories only a daughter can relate about her beloved father, all of the events of Pusser's life unfold in this engaging and exciting read. A well-deserved addition to the lore surrounding the celebrated sheriff, this title is certain to surprise and captivate old and new Buford Pusser fans alike. ABOUT THE AUTHOR The daughter of Sheriff Pusser, Dwana Pusser worked in radio broadcast communications for more than fifteen years. She is actively involved in civic affairs in Adamsville, Tennessee, and she keeps alive the spirit and feats of her father by maintaining a Web site in his honor and hosting the annual Buford Pusser Festival in Adamsville.

Lincoln and the Court


Brian McGinty - 2008
    In this account of Lincoln's relationship with the nation's highest tribunal, the author shows how it was the wartime president's vision of a permanent Union of one people united by a 'supreme law' that managed to preserve America, and its constitution, for future generations.

Theft of the Nation: The Structure and Operations of Organized Crime in America


Donald Cressey - 2008
    It is more sophisticated, with many college graduates, gifted with organizational genius, all belonging to twenty-four tightly knit "families," who have corrupted legitimate business and infiltrated some of the highest levels of local, state, and federal government. Their power reaches into Congress, into the executive and judicial branches, police agencies, and labor unions, and into such business enterprises as real estate, retail stores, restaurants, hotels, linen-supply houses, and garbage-collection routes. How does organized crime operate? How dangerous is it? What are the implications for American society? How may we cope with it? In answering these questions, Cressey asserts that because organized crime provides illicit goods and services demanded by legitimate society, it has become part of legitimate society. This fascinating account reveals the parallels#58; the growth of specialization, "big-business practices" (pooling of capital and reinvestment of profits; fringe benefits like bail money), and government practices (negotiated settlements and peace treaties, defined territories, fair-trade agreements).For too long we have, as a society, concerned ourselves only with superficial questions about organized crime. Theft of the Nation focuses on to a more profound and searching level. Of course, organized crime exists. Cressey not only establishes this fact, but proceeds to explore it rigorously and with penetration. One need not agree with everything Cressey writes to conclude that no one, after the publication of Theft of the Nation, can be knowledgeable about organized crime without having read this book.

Contract Law: The Fundamentals


Ryan Murray - 2008
    It sets out a clear framework and seeks to explain the intricacies of the law as clearly as possible without sacrificing the detail that is required for a proper understanding of the subject. Charts and grids are widely used to enable students to grasp this complex subject with ease. The book includes full coverage of all topics likely to be studied on Contract Law courses.

The Path to Pupillage: A Guide for the Aspiring Barrister


Alexander Robson - 2008
    The book describes the process of becoming a barrister by walking the reader through each step of the route to pupillage. It will also offer practical advice for each stage from the authors' own personal experiences and from the wisdom of senior members of the Bar. The work seeks to weave together these complementary functions to create a product, which will guide, inform and advise all applicants of the successful route to pupillage. Coverage includes: an overview of the process; a discussion of the academic stage of the training; a focus upon the practical training; and a detailed section dedicated to the pupillage applications themselves.

International Law on the Left: Re-Examining Marxist Legacies


Susan Marks - 2008
    This book pursues that interest with specific reference to international law. It presents a sustained and fascinating exploration of the pertinence of Marxist ideas, concepts and analytical practices for international legal enquiry from a range of angles. Essays consider the relationship between Marxism and critical approaches to international law, the legacy of Soviet international legal theory, the bearing of Marxism for the analysis of international trade law and human rights, and the significance for international legal enquiry of such Marxist concepts as the commodity, praxis and exploitation.

The New British Constitution


Vernon Bogdanor - 2008
    This process, spear-headed by the Human Rights Act and devolution to the non-English parts of the UK (at present there exists neither the political will nor the consensus to go further) has created a new constitution, characterized by the limitation of the powers of Parliament. The Human Rights Act and the devolution legislation, having the character of fundamental law, in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. And though these reforms, together with Britain's membership of the EU, do little to secure more popular involvement in politics, they nevertheless serve to replace one constitution by another. The next phase of constitutional reform is likely to involve the creation of new forms of democratic engagement, so that Britain's constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in-Parliament, but, instead, as so many constitutions do, from 'we the people.' This new book, by one of Britain's most respected and experienced constitutional commentators, charts the emergence and significance of these reforms, and evaluates their success as part of a larger historical shift towards the constitutionalizing of British democracy. While opinion is sharply divided as to the way forward, the author argues that former Prime Minister Tony Blair's most permanent legacy may well prove to be his championing of a new British constitution. Those seeking an authoritative insight into the state of that constitution need look no further. This eagerly awaited text - by Vernon Bogdanor, the UK's leading expert in this area - will be an invaluable source of information for scholars, students, politicians, journalists, and policy-makers.

Truth Machine: The Contentious History of DNA Fingerprinting


Michael Lynch - 2008
    But DNA evidence is far from infallible. Truth Machine traces the controversial history of DNA fingerprinting by looking at court cases in the United States and United Kingdom beginning in the mid-1980s, when the practice was invented, and continuing until the present. Ultimately, Truth Machine presents compelling evidence of the obstacles and opportunities at the intersection of science, technology, sociology, and law.

Copy, Rip, Burn: The Politics of Copyleft and Open Source


David M. Berry - 2008
    While big companies complain about lost profits, the individual has never enjoyed such freedom and autonomy.Berry explores this debate in a concise way, offering an ideal introduction for anyone not versed in the legalistic terminology that -- up until now -- has dominated coverage of this issue.Looking at the historical development of the free software and the open source movement he examines its growth, politics and potential impact, showing how the ideas that inspired the movement have now begun to influence the wider cultural landscape. He explores whether free software offers us the potential to re-think our relationship with technology in the information society.This book will appeal to students of media and journalism, and anyone interested in new opportunities for creating a truly independent and democratic media.

Principles of Corporate Finance Law


Eilís Ferran - 2008
    Corporate finance theory seeks to understand how incorporated firms address the financial constraints that affect their investment decisions by using varied financial instruments that give holders different claims on the firm's assets. Recent scholarship in this area explores precisely how legal mechanisms affect corporate finance and the development of financial markets. The legal environment is crucially important in explaining the choices that companies make about their capital structure.The book examines the key elements of the legal environment relating to corporate finance in the UK. This evolving environment has just undergone a remarkable period of far-reaching change. This was driven in part by the desire of the UK government to modernize its domestic company law, and in part by policy choices at the EU level which rely heavily on the adoption of new regulation to promote closer integration of European financial markets.In this book, Eilis Ferran provides a detailed analysis of the technical issues arising from the new UK and European law on corporate finance, and combines this with exploration of the broader policy framework and with cutting edge theoretical and empirical research.

Federalist Papers Nos. 10 and 51


James Madison - 2008
    Constitution written by James Madison, Alexander Hamilton and John Jay in 1787 and 1788, and published under the pseudonym "Publius" in New York newspapers. They are invaluable resources for understanding the intentions of the drafters of the Constitution.(particularly important to adherents of the legal doctrine of 'originalism,' such as Antonin Scalia). Two of the most important, covering special interest groups and checks and balances are reproduced here.

Plunder: When the Rule of Law Is Illegal


Ugo Mattei - 2008
    Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' - the practice of violent extraction by stronger political actors victimizing weaker ones - in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question - is the Rule of Law itself illegal?

The Free Exercise of Religion Clause: The First Amendment, Its Constitutional History and the Contemporary Debate


Thomas C. Berg - 2008
    The accessible essays can also give interested lay readers a valuable education in a key provision of the U.S. Constitution.

The New Oxford Companion to Law


Peter Cane - 2008
    Providing greater depth than can be found in legal dictionaries but always accessible to the non-specialist, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.The Companion draws upon the expertise of over 700 scholars and practitioners, offering the widest possible range of perspectives on legal topics. Consisting in over 1700 alphabetically-arranged entries, the Companion features: -The fundamentals of all the major areas of law such as criminal law, tax and social security law, human rights law, family and employment law, education law, sports law, international and EU law-The role and workings of legal institutions such as parliaments, courts, law schools, and international bodies such as the EU and the UN-Leading cases, famous trials and distinguished lawyers, past and present-Major events in legal history and major debates in legal theory-Twenty pages of rich illustrations, bringing the content to lifeThe Companion will appeal to the interested citizen, students applying for law courses at university, law students, and also to advanced readers who are already familiar with the law who will enjoy reading the engagingly written accounts of areas that they know as well as many that they don't.

Nationality Matters: Statelessness under International Law


Laura Van Waas - 2008
    It investigates in detail both the (enduring) value of the two tailor-made statelessness conventions, as well as ascertaining what other areas of international law û in particular human rights law û have to offer in answer to the phenomenon of statelessness.

Investigating Digital Crime


Robin Phillip Bryant - 2008
    The book examines the reaction of the criminal justice system, both in terms of the general legislative context but also from the perspective of law enforcement, and provides a clear account of the different forms of digital crime. In order to enhance student understanding, this book includes a detailed description and analysis of digital crimes such as smart card crime, cyber crimes and telecommunication crimes in relation to a number of theoretical perspectives. The book clearly identifies the relationship between developments in digital technologies and changes in criminal behaviour. Numerous case studies are provided throughout, with examples from the UK, other European nations and the US illustrating both the theoretical perspectives offered and the associated investigative context. Opening with an introduction to the challenges of new technology crime and background to the phenomena, the book then moves on to discuss the legislative context, for example, the interception of email and its use as evidence in court. The latter half of the book examines a range of new technology crimes, from the illegal modification of games consoles and mobile phones, through to new forms of identity theft, card crime and the use of new technology by sex offenders.Covers a broad range of digital crime from IPR crime through to identity theft, telecommunications and card crime Written by leading researchers, teachers and practitioners in the field Offers a theoretical understanding and explanation of new technology crime and clearly describes and analyses the investigative and legislative context Includes numerous global case studies throughout to illustrate the theory in practice and to appeal to an international audience

Gaveling Down the Rabble: How "Free Trade" Is Stealing Our Democracy


Jane Anne Morris - 2008
    It was that very nineteenth-century model that was later adopted globally by corporations to subvert local attempts at protecting the environment and citizen and worker health. Gaveling Down the Rabble is essential reading for understanding the background of the current struggle for U.S. democracy local, state and national against growing corporate power and how we can challenge it. Since the late 1800s the U.S. Supreme Court has been cutting our local, state and national democracy off at the knees in the name of "free trade" by usurping the power to make public policy from our elected representatives in the Congress and the state legislatures and by giving power to corporations over citizens. By erecting a "free trade" zone in the U.S., corporations and their champions on the Supreme Court have seen to it that "we do not have a chance of building a democracy." Morris looks at what substantive democracy should look like, and how far from that ideal the Supreme Court without consent of Congress has moved us. As presidential candidates are deploring the loss of American jobs from the global trade agreements that were supposed to bring us new prosperity, a public debate is finally opening about the consequences of the last decade of global corporatization. In contrast, we do not debate the internal "free trade" at home that is hidden from view. This urgent new book reveals one hidden source of the corporate power that has been steadily crushing our self governance: namely, the U.S. Commerce Clause in the U.S. Constitution, implemented by nine unelected Presidential appointees. Most significant: Morris shows how environmental, labor and civil-rights cases using Commerce Clause arguments, rather than Constitutional Rights arguments, have distorted citizens' rights by defining them in terms of their value to commerce. But just as alarming is how tenuous the major legislation protecting our democratic rights becomes when based on the Commerce Clause and not grounded in legal rights. Morris also shows how the courts have ruled time and again against local attempts to control large corporations. From efforts to protect public health in the face of slaughter house abuses in the nineteenth century to attempts at regulating wages and hours of migrant workers in the present, the Commerce Clause has been used in favor of corporate interests. Gaveling Down the Rabble describes the development of this national "free trade" zone through Supreme Court decisions over many decades The idea that we live in a "free trade" zone is a commonplace among legal historians. "Supreme Court Justices have been intoning it like a mantra for over a century," Morris writes. She makes the case that the U.S. Supreme Court has subverted our representative government through narrow rulings based on the U.S. Constitution's Commerce Clause creating a hidden domestic "free trade" zone as undemocratic as the global "free trade" zone. Using this clause, the Court has incrementally built a large and growing body of law favoring large corporate interests over the rights of states, municipalities, labor, minorities and the environment. She finds it astonishing that "a fact so present in legal discourse" is so absent from public debate. This book is her attempt to stimulate that debate."

State of the Union Address


James Monroe - 2008
    

The Black Death


Louise Chipley Slavicek - 2008
    Now believed to be a combination of bubonic plague and two other rarer plague strains, the Black Death ravaged the continent for several terrible years before finally fading away in 1352. Most historians believe that the pandemic, which also swept across parts of Western Asia and North Africa, annihilated 33 to 60 percent of Europe's population - roughly 25 to 45 million men, women, and children. This massive depopulation had a deep impact on the course of European history, speeding up or initiating important social, economic, religious, and cultural changes.

A Higher Law: Readings on the Influence of Christian Thought in Anglo-American Law


Jeffrey A. Brauch - 2008
    

Free Speech and Human Dignity


Steven J. Heyman - 2008
    Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaulting their dignity as human beings and citizens. Civil libertarians respond that our commitment to free speech is measured by our willingness to protect it, even when it causes harm or offends our deepest values. In this important book, Steven J. Heyman presents a theory of the First Amendment that seeks to overcome the conflict between free speech and human dignity. This liberal humanist theory recognizes a strong right to freedom of expression while also providing protection against the most serious forms of assaultive speech. Heyman then uses the theory to illuminate a wide range of contemporary disputes, from flag burning and antiabortion demonstrations to pornography and hate speech.

Enhancing Government: Federalism for the 21st Century


Erwin Chemerinsky - 2008
    Conservatives argued in support of federalism and states' rights to oppose the end of slavery, the New Deal, and desegregation. In the 1990s, the Rehnquist Court used federalism to strike down numerous laws of public good, including federal statutes requiring the clean up of nuclear waste and background checks for gun ownership. Now the Roberts Court appears poised to use federalism and states' rights to limit federal power even further.In this book, Erwin Chemerinsky passionately argues for a different vision: federalism as empowerment. He analyzes and criticizes the Supreme Court's recent conservative trend, and lays out his own challenge to the Court to approach their decisions with the aim of advancing liberty and enhancing effective governance. While the traditional approach has been about limiting federal power, an alternative conception would empower every level of government to deal with social problems. In Chemerinsky's view, federal power should address national problems like environmental protection and violations of civil rights, while state power can be strengthened in areas such as consumer privacy and employee protection.The challenge for the 21st century is to reinvent American government so that it can effectively deal with enduring social ills and growing threats to personal freedom and civil liberties. Increasing the chains on government—as the Court and Congress are now doing in the name of federalism—is exactly the wrong way to enter the new century. But, an empowered federalism, as Chemerinsky shows, will profoundly alter the capabilities and promise of U.S. government and society.

Sir William Blackstone and the Common Law: Blackstone's Legacy to America


Robert D. Stacey - 2008
    Few Americans, however, are familiar with the one person who had the greatest influence on the thinking of our founding fathers: Sir William Blackstone.Sir William Blackstone and the Common Law will be an introduction for many to this legal scholar, law professor, attorney, member of Parliament, and judge who shaped the thinking of our founding fathers and, as a result, shaped the content of the Declaration of Independence and the United States Constitution. Blackstone's genius was in his ability to organize the common law in such a way that it became readable to both lawyers and laymen alike.As Americans, we are indebted to the common law, to Blackstone who compiled it in an understandable way, and to Professor Stacey for reminding us of this glorious heritage.

Religious Liberty in the American Republic


Gerard V. Bradley - 2008
    But that view is out of tune with America's Founders, who advanced religious liberty in a way that would uphold religion and morality and indispensable supports of good habits and the great pillars of human happiness. Far from wanting to expunge religion from public life, the Founders encouraged religion as a necessary and vital part of their new nation.In this monograph, Gerard Bradley explains the Founders' view of the relationship between religion and politics, and demonstrates how the Supreme Court radically deviated from this view in embarking on a project aimed at the secularization of American politics and society.An understanding of the history of religious liberty is necessary if we are going to secure the blessings of liberty-including especially our religious freedom-for future generations.

Manifesting Matisse- A Practical System for Reality Creation


Michelle K. Nielsen - 2008
    Michelle Nielsen teaches a powerful and practical 10-step system to clarify and achieve your goals by aligning and better connecting your body, mind and spirit. Using this system you will be empowered to create rapid results that are nothing short of spectacular! Additionally, you will be deeply moved as the author narrates the miraculous story of how, through the use of this system, she helped heal her son and set the stage for his transformation from a special needs child into a healthy, happy and thriving boy.

Dishonorable Passions: Sodomy Laws in America, 1861-2003


William N. Eskridge Jr. - 2008
    As William Eskridge persuasively demonstrates in Dishonorable Passions, there is nothing new about this political and legal obsession. The American colonies and the early states prohibited sodomy as the “crime against nature,” but rarely punished such conduct if it took place behind closed doors. By the twentieth century, America’s emerging regulatory state targeted “degenerates” and (later) “homosexuals.” The witch hunts of the McCarthy era caught very few Communists but ruined the lives of thousands of homosexuals. The nation’s sexual revolution of the 1960s fueled a social movement of people seeking repeal of sodomy laws, but it was not until the Supreme Court’s decision in Lawrence v. Texas (2003) that private sex between consenting adults was decriminalized. With dramatic stories of both the hunted (Walt Whitman and Margaret Mead) and the hunters (Earl Warren and J. Edgar Hoover), Dishonorable Passions reveals how American sodomy laws affected the lives of both homosexual and heterosexual Americans. Certain to provoke heated debate, Dishonorable Passions is a must-read for anyone interested in the history of sexuality and its regulation in the United States.

Law and Society in Vietnam: The Transition from Socialism in Comparative Perspective


Mark Sidel - 2008
    It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.

Human Rights Transformed: Positive Rights and Positive Duties


Sandra Fredman - 2008
    In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and applied framework for understanding positive human rights duties.Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties, and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socioeconomic rights.

Indonesia: Law and Society


Timothy Lindsey - 2008
    It includes work by leading scholars from a wide range of countries. Full description

Human Rights NGOs in East Africa: Political and Normative Tensions


Makau Mutua - 2008
    Rather, they are an element of civil society, the strands of the fabric of organized life in countries, and crucial to the prospect of political democracy. Civil society is a very recent phenomenon in East African nations, where authoritarian regimes have prevailed and human rights watchdogs have had a critical role to play. While the state remains one of the major challenges to human rights efforts in the countries of the region, other problems that are internal to the human rights movement are also of a serious nature, and they are many: What are the social bases of the human rights enterprise in transitional societies? What mandate can human rights NGOs claim, and in whose name do they operate?Human Rights NGOs in East Africa critically explores the anatomy of the human rights movement in the East African region, examining its origins, challenges, and emergent themes in the context of political transitions. In particular, the book seeks to understand the political and normative challenges that face this young but vibrant civil society in the vortex of globalization. The book brings together the most celebrated human rights thinkers in East Africa, enriched by contributions from their colleagues in South Africa and the United States.To date, very little has been written about the struggles and accomplishments of civil society in the nations of East Africa. This book will fill that gap and prove to be an invaluable tool for understanding and teaching about human rights in this complex and vital part of the world.

Intersectionality and Beyond: Law, Power and the Politics of Location


Emily Grabham - 2008
    Intersectionality provides a metaphorical schema for understanding the interaction of different forms of disadvantage, including race, sexuality, and gender. But it also goes further to provide a particular model of how these aspects of social identity and location converge - whether at the level of subjectivity, everyday life, in culture or in the institutional practices of state and other bodies. Including contributions from a range of international scholars, this book interrogates what has become a key organizing concept across a range of disciplines, most particularly law, political theory, and cultural studies.

The Digest of Justinian, Volume 1


Alan Watson - 2008
    527, he ordered the preparation of three compilations of Roman law that together formed the Corpus Juris Civilis. These works have become known individually as the Code, which collected the legal pronouncements of the Roman emperors, the Institutes, an elementary student's textbook, and the Digest, by far the largest and most highly prized of the three compilations. The Digest was assembled by a team of sixteen academic lawyers commissioned by Justinian in 533 to cull everything of value from earlier Roman law. It was for centuries the focal point of legal education in the West and remains today an unprecedented collection of the commentaries of Roman jurists on the civil law.Commissioned by the Commonwealth Fund in 1978, Alan Watson assembled a team of thirty specialists to produce this magisterial translation, which was first completed and published in 1985 with Theodor Mommsen's Latin text of 1878 on facing pages. This paperback edition presents a corrected English-language text alone, with an introduction by Alan Watson.Links to the three other volumes in the set: Volume 2 [Books 16-29]Volume 3 [Books 30-40]Volume 4 [Books 41-50]

The Fraud of the Fraud: Have You Been Taken for a Ride?


Jose M. Paulino - 2008
    You have heard the conspiracy theories about 9/11, The Iraq war, The Freemasons, The 1995 Oklahoma City Bombings, The Shadow Government, and many other theories. This written documentary will teach you the undisputed facts about all these events. This explosive documentary is packed with declassified documents, congressional hearings, public statements, and mainstream news reports to prove as fact, what is normally written off as baseless conspiracy theories. Because this is a new day and time, we need a new approach on how to expose the criminal elite that run this planet. This written documentary offers that approach by exposing the criminal elite with cited credible facts and not just pretty colorful words.

Giorgio Agamben: Power, Law and the Uses of Criticism


Thanos Zartaloudis - 2008
    It explores Agamben's work on language, ontology, power, law and criticism from the 1970s to his most recent publications.Introducing Agamben's work to a readership in legal theory, as well as in the humanities and social sciences more generally, Thanos Zartaloudis argues that an adequate understanding of Agamben's Homo Sacer project requires an attention to his earlier philosophical writings on language, ontology, power and time. It is through this attentive and creative analysis of Agamben's work that Zartaloudis here presents a rethinking of the ideas of justice and criticism.

Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954


Julie Lavonne Novkov - 2008
    A bill on the state ballot offered the opportunity to relegate the state's antimiscegenation law to the dustbin of history. The measure passed, but the margin was alarmingly slim: more than half a million voters, 40 percent of those who went to the polls, voted to retain a racist and constitutionally untenable law.Julie Novkov's Racial Union explains how and why, nearly forty years after the height of the civil rights movement, Alabama struggled to repeal its prohibition against interracial marriage---the last state in the Union to do so. Novkov's compelling history of Alabama's battle over miscegenation shows how the fight shaped the meanings of race and state over ninety years. Novkov's work tells us much about the sometimes parallel, sometimes convergent evolution of our concepts of race and state in the nation as a whole."A remarkably nuanced account of interlocked struggles over race, gender, class and state power. Novkov's site is Alabama, but her insights are for all America."---Rogers M. Smith, Christopher H. Browne Distinguished Professor of Political Science, University of Pennsylvania"Hannah Arendt shocked Americans in the 1950s by suggesting that interracial intimacy was the true measure of a society's racial order. Julie Novkov's careful, illuminating, powerful book confirms Arendt's judgment. By ruling on who may be sexually linked with whom, Alabama's courts and legislators created a racial order and even a broad political order; Novkov shows us just how it worked in all of its painful, humiliating power."---Jennifer L. Hochschild, Henry LaBarre Jayne Professor of Government, Professor of African and African American Studies, and Harvard College Professor

Wage Theft in America: Why Millions of Working Americans Are Not Getting Paid-And What We Can Do About It


Kim Bobo - 2008
    Even the Economic Policy Foundation, a business-funded think tank, has estimated that companies annually steal an incredible $19 billion in unpaid overtime. The scope of these abuses is staggering, but activists, unions, and policy makers—along with everyday Americans in congregations and towns across the country—have begun to take notice.While the first edition of Wage Theft in America documented the scope of the problem, this new edition adds the latest research on wage theft and tells what community, religious, and labor activists are now doing to address the crisis—from passing state and local wage-theft bills to establishing mayoral task forces and tapping agencies that help low-wage workers in spotting wage theft. Offering a sweeping analysis of the crisis, citing hard-hitting statistics and heartbreaking first-person accounts of exploitation at the hands of employers, this new and updated edition of Wage Theft in America offers concrete solutions and a road map& for putting an end to this insidious practice.

Making the Law Explicit: The Normativity of Legal Argumentation


Matthias Klatt - 2008
    Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? Making the Law Explicit provides answers by means of a complex and detailed theory of literal meaning. It is a new legal method that is being introduced, assisting in the further development of the law. It is so far unknown in Anglo-American jurisprudence, but the book shows that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its center, the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Joseph Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify skepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. The thesis on which this book is based was the recipient of the European Award for Legal Theory in 2002.

The Due Diligence Handbook: Corporate Governance, Risk Management and Business Planning


Linda S. Spedding - 2008
    A practical handbook for business directors who wish to minimise financial, legal and reputational risks. It combines all matters concerning corporate governance with due diligence issues and in doing so provides you with the information and tools you need to help you protect your business when under taking due diligence, particularly when making international acquisitions.The book provides clear guidance and case studies to help all involved understand the complexity of issues and to demonstrate the detailed work that is necessary both to ensure that the benefits of an acquisition can be realised and that there are no unexpected problems, for example through damage to corporate reputation that more that offsets the targeted benefits.As high profile business failures tarnish the reputation of international business it is essential that business responds by having the policies and practices in place in day-to-day operations and in particular, as this book demonstrates, when a major business development such as an acquisition is being implemented.Following the initial era of codes in the UK and regulation in the USA and major debates as regards the best approach to corporate governance in the common law countries, controversy has developed over which approach is really more appropriate for business planning purposes and risk management.Given the trend for many UK companies listed on the US market to de-list in favour of the more British approach to corporate governance and in light of more European corporate scandals this book provides a comparative analysis of the European frameworks for governance. The EU approach and the individual jurisdictions of Germany, Italy, the Netherlands and France, in terms of their practical success or failure (with case studies)is covered. With the debate over an EU Constitution and the political stance of Germany (under the Merkel leadership) during its Presidency to revive the Constitution the book assesses the EU approach generally at a time when the competitiveness of companies and key business sectors must consider the thrusting economies of India and China in particular. The link with competitiveness is an increasingly crucial matter.In connection with due diligence, the book provides an update of the business world in light of the world's economy and links corporate governance, risk management and business planning to reflect such business, political and regulatory trends and changes.In recent years there has been much comment and feedback on the effectiveness of the Sarbanes-Oxley approach to corporate governance and many updates on business ethics and sustainability issues, which this book also covers in the context of due diligence. In addition, since there has been a major shift in business awareness to develop, or be seen to develop, a more enlightened approach to climate change coverage of this area is include in the book in the appropriate context of governance, risk management and business planning, as well as the trends in different parts of the world (USA (and some others v many others!). There are case studies within the book on how business is operating in order to respond to this issue with an international dimension and comparison. The whole debate over being carbon neutral has impacted on the airline industry in particular and has relevance to how industry sectors should balance the interests of the different stakeholders and cope with rather fast attitude changes of the media and public (and the regulators).The importance of energy security has raised key competitiveness issues of major interest and commercial significance. Moreover the angle of fraud in this sector has become more evident. The area of energy security within this book is tied into ethical accounting, fraud, risk etc. and economic crime. These new areas can be set against the background issue of how much of this comes into play with due diligence. How far is this now part of risk management in todays business world.New legislation is covered in terms of developments with the UK Companies Act and Directors? duties with an increasing need to understand reputational concerns and off balance sheet values since the withdrawal of OFR.

Women, Crime, and Character: From Moll Flanders to Tess of the d'Urbervilles


Nicola Lacey - 2008
    Only half a century later, this would have been next to unthinkable. Lacey explores the disappearance of Moll, and her supercession in the annals of literary female offenders by heroines like Tess, serving as a metaphor for fundamental changes in ideas of selfhood, gender and social order in 18th and 19th Century England. Drawing on law, literature, philosophy and social history, she argues that these broad changes underpinned a radical shift in mechanisms of responsibility-attribution, with decisive implications for the criminalization of women.This book examines how the treatment and understanding of female criminality was changing during the era which saw the construction of the main building blocks of the modern criminal process, and of how these understandings related in turn to broader ideas about gender, social order and individual agency. Lacey tells the story of the shifting relationship between informal codes of norms such as the 'cult of sensibility' and the formal system of criminal justice, and of the impact on women and on understandings of femininity of these complementary systems of discipline. By drawing on a wide variety of sources, it casts light into corners which remain obscure in accounts informed by a single discipline.

The Science of Settlement: Ideas for Negotiators


Barry Goldman - 2008
    In this very funny, concise, and well-researched book, author, mediator, and professor of law, Barry Goldman illustrates with amusing and memorable anecdotes and stories, how you can use the Science of Settlement to get a better outcome for yourself or your clients. Humans want to believe that they are rational creatures, especially in business dealings. But Goldman shows why our "ancient brain" has not evolved as fast as society; why we still make decisions based on outdated or erroneous impulses. As a negotiator, the Science of Settlement is the one tool you need to help you understand your opponent's (or your boss's or spouse's) responses and reactions during the process of negotiation. The techniques it teaches are memorable because Goldman illustrates them with funny and easy to recall research studies of people and animals. This is a book you will read from cover to cover, and laugh as you effortlessly learn the secrets that seasoned negotiators take years to learn by trial and error. A must-read for anyone in the legal profession, or anyone looking to get an edge in the daily world of negotiation. As one reviewer said, "If I could have only one book on negotiation, the Science of Settlement would be it."

Family Likeness: Sex, Marriage, and Incest from Jane Austen to Virginia Woolf


Mary Jean Corbett - 2008
    After mid-century, laws did not explicitly penalize sexual relationships between parents and children, between siblings, or between grandparents and grandchildren. But for a widower to marry his deceased wife's sister was illegal on the grounds that it constituted incest. That these laws and the mores they reflect strike us today as wrongheaded indicates how much ideas about kinship, marriage, and incest have changed.In Family Likeness, Mary Jean Corbett shows how the domestic fiction of novelists including Jane Austen, Charlotte Brontë, George Eliot, Elizabeth Gaskell, and Virginia Woolf reflected the shifting boundaries of family and even helped refine those borders. Corbett takes up historically contingent and culturally variable notions of who is and is not a relative and whom one can and cannot marry. Her argument is informed by legal and political debates; texts in sociology and anthropology; and discussions on the biology of heredity, breeding, and eugenics. In Corbett's view, marriage within families--between cousins, in-laws, or adoptees--offered Victorian women, both real and fictional, an attractive alternative to romance with a stranger, not least because it allowed them to maintain and strengthen relations with other women within the family.

The Culture of Vengeance and the Fate of American Justice


Terry K. Aladjem - 2008
    From the return of the death penalty to the wars on terror and in Iraq, Americans demand retribution and moral certainty; they assert the "rights of victims" and make pronouncements against "evil." Yet for Aladjem this dangerously authoritarian turn has its origins in the tradition of liberal justice itself - in theories of punishment that justify inflicting pain and in the punitive practices that result. Exploring vengeance as the defining problem of our time, Aladjem returns to the theories of Locke, Hegel and Mill. He engages the ancient Greeks, Nietzsche, Paine and Foucault to challenge liberal assumptions about punishment. He interrogates American law, capital punishment and images of justice in the media. He envisions a democratic justice that is better able to contain its vengeance.

An Unhurried View Of Copyright


Benjamin Kaplan - 2008
    Format Paperback Subject Copyright Publisher The Lawbook Exchange Ltd

United Nations Convention on the Law of the Sea


United Nations - 2008
    

Managing High Conflict People in Court


Bill Eddy - 2008
    This easy-to-read booklet provides judicial officers with accurate and authoritative information about the subject matters covered. It describes general principles and suggestions for judicial officers to immediately put into practice.

Dispute Resolution


Michael L. Moffitt - 2008
    An Introduction to Negotiation Chapter 2. When Bargainers Go Bad: Lying and Other Misbehavior Chapter 3. An Introduction to Mediation Chapter 4. Keeping Secrets: Confidentiality in Negotiation and Mediation Chapter 5. An Introduction to Arbitration: The Role of Courts in Enforcement Chapter 6. Is this Agreement to Arbitrate Enforceable? Chapter 7. Must This Dispute Go to Arbitration? Chapter 8. Federal Preemption and the Law(s) of Arbitration Chapter 9. Dispute Resolution within the Court System Chapter 10. Attorneys, Clients, and Dispute Resolution Chapter 11. Analyzing Settlement Decisions Appendix 1. The Uniform Mediation Act Appendix 2. The Model Standards of Conduct for Mediators Appendix 3. The Federal Arbitration Act

Human Rights Advocacy Stories (Law Stories)


Deena R. Hurwitz - 2008
    

Religion and the Constitution: Establishment and Fairness


Kent Greenawalt - 2008
    Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting under God in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity.In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula.Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.

The Trouble with Terror: Liberty, Security and the Response to Terrorism


Tamar Meisels - 2008
    Tamar Meisels argues that, regardless of its professed cause, terrorism is diametrically opposed to the requirements of liberal morality and can only be defended at the expense of relinquishing the most basic of liberal commitments. Meisels opposes those who express sympathy and justification for Islamist (particularly Palestinian) terrorism and terrorism allegedly carried out on behalf of developing nations, but, at the same time, also opposes those who would tolerate any reduction in civil liberties in exchange for greater security. Calling wholeheartedly for a unanimous liberal front against terrorism, this is a strong and provocative attempt to address the tension between liberty and security in a time of terror.

Women, Violence, and the Media: Readings in Feminist Criminology


Drew Humphries - 2008
    The book is divided into three sections. The first, "Gendering Constructions," lays the groundwork for the volume by examining the print media's presentation of gendered violence, female killers on Law and Order, African American women in Hollywood films, and women in media, crime, and violence textbooks. The second section, "Debating the Issues," explores aspects of femicide, including mass murder incidents, domestic violence in Bangladesh, and wartime sexual violence in reality and on television. The final section "Changing the Image," focuses on efforts to replace masculine assumptions with constructive approaches to imagining women. Designed for course adoption, Women, Violence, and the Media emphasizes the key themes and critical skills required for media literacy, and the volume offers guidelines for readers on conducting their own research.

The Trial of Donald Rumsfeld: A Prosecution by Book


Michael Ratner - 2008
    Readers are allowed to judge whether the Bush administration has engaged in torture and whom among the administration to hold responsible.Reminiscent of Christopher Hitchens’s bestselling The Trial of Henry Kissinger, The Case Against Donald Rumsfeld constitutes one of the only attempts to hold high–ranking Bush administration officials criminally responsible for their actions.