Best of
Law

2009

Justice: What's the Right Thing to Do?


Michael J. Sandel - 2009
    In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Plain, Honest Men: The Making of the American Constitution


Richard Beeman - 2009
    Book by Beeman, Richard

What Comes Naturally: Miscegenation Law and the Making of Race in America


Peggy Pascoe - 2009
    Peggy Pascoe demonstrates how these laws were enacted and applied not just in the South but throughout most of the country, in the West, the North, and the Midwest. Beginning in the Reconstruction era, when the term miscegenation first was coined, she traces the creation of a racial hierarchy that bolstered white supremacy and banned the marriage of Whites to Chinese, Japanese, Filipinos, and American Indians as well as the marriage of Whites to Blacks. She ends not simply with the landmark 1967 case of Loving v. Virginia, in which the Supreme Court finally struck down miscegenation laws throughout the country, but looks at the implications of ideas of colorblindness that replaced them. What Comes Naturally is both accessible to the general reader and informative to the specialist, a rare feat for an original work of history based on archival research.

Jailhouse Lawyers: Prisoners Defending Prisoners v. the USA


Mumia Abu-Jamal - 2009
    . . . His writings are dangerous.”—The Village VoiceIn Jailhouse Lawyers, award-winning journalist and death-row inmate Mumia Abu-Jamal presents the stories and reflections of fellow prisoners-turned-advocates who have learned to use the court system to represent other prisoners—many uneducated or illiterate—and, in some cases, to win their freedom. In Abu-Jamal’s words, “This is the story of law learned, not in the ivory towers of multi-billion-dollar endowed universities [but] in the bowels of the slave-ship, in the dank dungeons of America.”Includes an introduction by Angela Y. Davis.Mumia Abu-Jamal’s books include Live From Death Row and Death Blossoms.

The Law on Negotiable Instruments


Hector S. De Leon - 2009
    

The Strange Alchemy of Life and Law


Albie Sachs - 2009
    As a result he was detained in solitary confinement, tortured by sleep deprivation and eventually blown up by a car bomb which cost him his right arm and the sight of an eye. His experiences provoked an outpouring of creative thought on the role of law as a protector of human dignity in the modern world, and a lifelong commitment to seeing a new era of justice established in South Africa.After playing an important part in drafting South Africa's post-apartheid Constitution, he was appointed by Nelson Mandela to be a member of the country's first Constitutional Court. Over the course of his fifteen year term on the Court he has grappled with the major issues confronting modern South Africa, and the challenges posed to the fledgling democracy as it sought to overcome the injustices of the apartheid regime.As his term on the Court approaches its end, Sachs here conveys in intimate fashion what it has been like to be a judge in these unique circumstances, how his extraordinary life has influenced his approach to the cases before him, and his views on the nature of justice and its achievement through law.The book provides unique access to an insider's perspective on modern South Africa, and a rare glimpse into the working of a judicial mind. By juxtaposing life experiences and extracts from judgments, Sachs enables the reader to see the complex and surprising ways in which legal culture transforms subjective experience into objectively reasoned decisions. With rare candour he tells of the difficulties he has when preparing a judgment, of how every judgment is a lie. Rejecting purely formal notions of the judicial role he shows how both reason and passion (concern for protecting human dignity) are required for law to work in the service of justice.

Little Pink House: A True Story of Defiance and Courage


Jeff Benedict - 2009
    The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case -- indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home.

Shari'a: Theory, Practice, Transformations


Wael B. Hallaq - 2009
    Wael Hallaq's magisterial overview of Shari'a sets the record straight by examining the doctrines and practices of Islamic law within the context of its history, and by showing how it functioned within pre-modern Islamic societies as a moral imperative. In so doing, Hallaq takes the reader on an epic journey tracing the history of Islamic law from its beginnings in seventh-century Arabia, through its development and transformation under the Ottomans, and across lands as diverse as India, Africa and South-East Asia, to the present. In a remarkably fluent narrative, the author unravels the complexities of his subject to reveal a love and deep knowledge of the law which will inform, engage and challenge the reader.

Obligations and Contracts


Ernesto L. Pineda USEC - 2009
    I have used several books on "Obligations and Contracts" written by excellent authors. Today, many of our renowed civilist who wrote books on Civil Law like Justice J.B.L. Reyes, Justice Edgardo L. Paras, Justice Ramon C. Aquino, Justice Desiderio P. Jurado, Senator Ambrosio Padilla had already gone to the Great Beyond. They left a great chasm in the legal academe. Among the living well-known civilist, we have the venerable Senator Arturo M. Tolentino, Justice Ricardo C. Puno, Justice Eduardo P. Caguioa and Justice Jose C. bitug. The latter is the youngest of the venerables in Civil Laws and is now an Associate Justice of the Supreme Court.

Business Law


Lee Mei Pheng - 2009
    The authors' comprehensive experience in legal practice, banking and teaching have enabled them to provide a condensed and easy to understand coverage of business law principles and areas of interest related thereto.

The Handbook of Humanitarian Law in Armed Conflicts


Dieter Fleck - 2009
    Highly topical issues including the role of the UN security council, the relevance of International Humanitarian Law in peacetime and post-conflict military operations, and enforcement through trials for war crimes in national and international courts are also discussed.

Equal: Women Reshape American Law


Fred Strebeigh - 2009
    With the loss of deferments from Vietnam, reluctant law schools began admitting women to avoid plummeting enrollments. As women entered, the law resisted. Judges would not hire women. Law firms asserted a right to discriminate against women. Judges permitted discrimination by employers against pregnant women. Courts viewed sexual harassment as, one judge said, "a game played by the male superiors." Violence against women seemed to exist beyond the law’s comprehension.In this landmark book, Fred Strebeigh shows how American law advanced, far and fast. He brings together legal evidence and personal histories to portray the work of concerned women and men to advance legal rights in America. Equal combines interviews with litigators, plaintiffs, and judges, including Ruth Bader Ginsburg and Catharine MacKinnon, along with research from private archives of attorneys who took cases to the Supreme Court, to narrate battles waged against high odds and pinnacles of legal power. Equal, in the words of Professor Suzanne A. Kim of Rutgers Law School, is a book for "anyone interested in how each individual can improve our society through compassion, drive, and creativity."

Redfern and Hunter on International Arbitration: Student Version


Nigel Blackaby - 2009
    Based on the four authors' extensive personal experience as counsel and arbitrators, this fifth edition provides a newly updated explanation of every element of the law and practice of international arbitration. With a focus on the practice as well as the theory of international arbitration, this text provides an invaluable guide to the international arbitral process, from the drafting of the arbitration agreement to the enforcement of arbitral awards. The fifth edition updates this classic text to incorporate reference to all of the latest significant developments in the field and provides a fuller treatment of investment treaty arbitration, and international arbitration beyond the UK and Europe. In particular, the fifth edition contains substantially increased coverage of the law and practice of international arbitration in the United States, Latin America, China and India.Following the chronology of an arbitration, the book covers applicable laws, arbitration agreements, the establishment and powers of a tribunal, the conduct of proceedings and the role of domestic courts. In addition, it provides an in-depth examination of the award itself (including the challenge, recognition and enforcement of arbitral awards), and comments on the special considerations applying to arbitrations brought under investment treaties. It draws on examples of the rules and practice of arbitration at the International Chamber of Commerce, the London Court of International Arbitration, the American Arbitration Association, the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.Each of the book's editions has built on the strengths of its predecessor, achieved widespread acclaim and been variously reviewed as "one of the most authoritative in its field", "an excellent book - comprehensive, lucid, stylish and challenging", and "a practitioner's book of real quality and practical value, well organised and readably and clearly written". This latest edition reinforces and strengthens the book's standing as the authoritative guide to international commercial arbitration.

The Annotated U.S. Constitution and Declaration of Independence


Jack N. Rakove - 2009
    Together with the Bill of Rights and the Civil War amendments, these documents constitute what James Madison called our political scriptures and have come to define us as a people. Now a Pulitzer Prize winning historian serves as a guide to these texts, providing historical contexts and offering interpretive commentary.In an introductory essay written for the general reader, Jack N. Rakove provides a narrative political account of how these documents came to be written. In his commentary on the Declaration of Independence, Rakove sets the historical context for a fuller appreciation of the important preamble and the list of charges leveled against the Crown. When he glosses the Constitution, the Bill of Rights, and the subsequent amendments, Rakove once again provides helpful historical background, targets language that has proven particularly difficult or controversial, and cites leading Supreme Court cases. A chronology of events provides a framework for understanding the road to Philadelphia. The general reader will not find a better, more helpful guide to our founding documents than Jack N. Rakove.

Justice Older Than the Law: The Life of Dovey Johnson Roundtree


Katie McCabe - 2009
    1914) sought justice. Though she is a legendary African American figure in the legal community of Washington, D.C., she remains largely unknown to the American public.Justice Older than the Law is her story, the product of a remarkable, ten-year collaboration with National Magazine Award winner Katie McCabe. As a prot�g� of Mary McLeod Bethune, Roundtree became one of the first women to break the gender and color barriers in the United States military. Inspired by Thurgood Marshall and James Madison Nabrit, Jr., at Howard University Law School, Roundtree went on to make history by winning a 1955 bus desegregation case, Sarah Keys v. Carolina Coach Company. That decision demolished "separate but equal" in the realm of interstate transportation and enabled Attorney General Robert F. Kennedy to combat southern resistance to the Freedom Riders' campaign in 1961.At a time when black attorneys had to leave the courthouses to use the bathrooms, Roundtree took on Washington's white legal establishment and prevailed. She led the vanguard of women ordained to the ministry in the African Methodist Episcopal Church in 1961 and merged her law practice with her ministry to fight for families and children being destroyed by urban violence. Hers is a vision of biblical and social justice older by far than the law, and her life story speaks movingly and urgently to our racially troubled times.

The Guantánamo Lawyers: Inside a Prison Outside the Law


Mark P. Denbeaux - 2009
    These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture.These are the detainees' stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years--and a ruling from the United States Supreme Court--to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantánamo to the world.The Guantánamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at "GTMO" as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or "black sites." Mark Denbeaux and Jonathan Hafetz--themselves lawyers for detainees--collected stories that cover virtually every facet of Guantánamo, and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantánamo's legal, human, and moral failings, and provide a window into America's catastrophic effort to create a prison beyond the law.An online archive, hosted by New York University Libraries, will be available at the time of publication and will contain the complete texts as well as other accounts contributed by Guantánamo lawyers. The documents will be freely available on the Internet for research, teaching, and non-commercial uses, and will be preserved indefinitely as a historical collection.

History of the Common Law: The Development of Anglo-American Legal Institutions


John H. Langbein - 2009
    The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

The Last Lawyer: The Fight To Save Death Row Inmates


John Temple - 2009
    The Last Lawyer chronicles Rose's decade-long defense of Bo Jones, a North Carolina farmhand convicted of a 1987 murder. Rose called this his most frustrating case in twenty-five years, and it was one that received scant attention from judges or journalists. The Jones case bares the thorniest issues surrounding capital punishment. Inadequate legal counsel, mental retardation, mental illness, and sketchy witness testimony stymied Jones's original defense. Yet for many years, Rose's advocacy gained no traction, and Bo Jones came within three days of his execution.The book follows Rose through a decade of setbacks and small triumphs as he gradually unearthed the evidence he hoped would save his client's life. At the same time, Rose also single-handedly built a nonprofit law firm that became a major force in the death penalty debate raging across the South.The Last Lawyer offers unprecedented access to the inner workings of a capital defense team. Based on four-and-a half years of behind-the-scenes reporting by a journalism professor and nonfiction author, The Last Lawyer tells the unforgettable story of a lawyer's fight for justice.

Key Readings in Criminology


Tim Newburn - 2009
    It provides students with convenient access to a broad range of excerpts (over 150 readings) from original criminological texts and key articles, and is designed to be used either as a stand-alone text or in conjunction with the same author's textbook, Criminology.This volume can be used in a number of ways in support of the study of criminology:as a source of both key and supplementary reading for lectures; as the basis for organized reading in advance of seminars and tutorials; as the basis for classroom discussion and analysis; as a broad source of reading for exam revision; in addition it provides students with access to a broad range of materials with which to follow up their reading of their main textbook; it includes readings that include more recent summaries of particularly important criminological issues, as well as excerpts from criminological classics; it also introduces students not only to criminological argument and debate, but also encourages them to read primary as well as secondary or summary sources."

Patent Law (Aspen Treatise Series)


Janice M. Mueller - 2009
    Approachably written for law students, attorneys, and laypersons alike, this text stands on its own or may be used alonside any patent or IP casebook to support a more in-depth study of patent law.Effective, lucid, and complete, Janice M. Mueller's PATENT LAW features: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining and enforcing a U.S. patent In-depth treatment of the impact of international patent law on U.S. patent practice Helpful visual aids, such as figures, tables, and timelines A sample patent and excerpts from a prosecution history Boldfaced key terms and a convenient GlossaryUpdated throughout, the Third Edition offers: Recent U.S. Supreme Court decisions that are fundamentally rewriting patent law, such as eBay v. MercExchange KSR Int'l v. Teleflex Microsoft v. AT&T MedImmune v. Genetech Quanta v. LG Elecs Leading decisions from the U.S. Court of Appeals for the Federal Circuit, including the court's en banc decisions in In re Seagate Tech, Egyptian Goddess v. Swisa, and In re Bilski

The Citizen's Constitution: An Annotated Guide


Seth Lipsky - 2009
    But what if you want a delightfully quick, witty, and readable reference that, in one compact volume, places the document and its clauses into context? You're out of luck--until now. Written by Seth Lipsky, described in the Boston Globe as "a legendary figure in contemporary journalism," The Citizen's Constitution draws on the writings of the Founders, case law from our greatest judges, and current events in more than 300 illuminating annotations. Lipsky provides a no-nonsense, entertaining, and learned guide to the fundamental questions surrounding the document that governs how we govern our country. Every American should know the Constitution. Rarely has it glinted so brightly.

God and the Founders


Vincent Phillip Mu - 2009
    Vincent Phillip Munoz answers these questions by providing new, comprehensive interpretations of James Madison, George Washington, and Thomas Jefferson. By analyzing Madison s, Washington s, and Jefferson s public documents, private writings, and political actions, Munoz explains the Founders competing church-state political philosophies. Munoz explores how Madison, Washington, and Jefferson agreed and disagreed by showing how their different principles of religious freedom would decide the Supreme Court s most important First Amendment religion cases. God and the Founders answers the question, What would the Founders do? for the most pressing church-state issues of our time, including prayer in public schools, government support of religion, and legal burdens on individual s religious conscience."

Conversations on Ethics


Alex Voorhoeve - 2009
    M. ScanlonPeter SingerDavid VellemanBernard WilliamsThe exchanges are direct, open, and sharp, and give a clear account of these thinkers' core ideas about ethics. They also provide unique insights into their intellectual development--how they became interested in ethics and how they conceived the ideas for which they became famous.Conversations on Ethics will engage anyone interested in moral philosophy.

Colorado Water Law for Non-Lawyers


P. Andrew Jones - 2009
    This concise and understandable treatment of the complex web of Colorado water laws is the first book of its kind. Legal issues related to water rights in Colorado first surfaced during the gold mining era in the 1800s and continue to be contentious today with the explosive population growth of the twenty-first century. Drawing on geography and history, the authors explore the flashpoints and water wars that have shaped Colorado’s present system of water allocation and management. They also address how this system, developed in the mid-1800s, is standing up to current tests—including the drought of the past decade and the competing interests for scarce water resources—and predict how it will stand up to new demands in the future.This book will appeal to at students, non-lawyers involved with water issues, and general readers interested in Colorado’s complex water rights law.

Navajo Courts and Navajo Common Law: A Tradition of Tribal Self-Governance


Raymond D. Austin - 2009
    Since the landmark 1959 U.S. Supreme Court decision in Williams v. Lee that affirmed tribal court authority over reservation-based claims, the Navajo Nation has been at the vanguard of a far-reaching, transformative jurisprudential movement among Indian tribes in North America and indigenous peoples around the world to retrieve and use traditional values to address contemporary legal issues.A justice on the Navajo Nation Supreme Court for sixteen years, Justice Raymond D. Austin has been deeply involved in the movement to develop tribal courts and tribal law as effective means of modern self-government. He has written foundational opinions that have established Navajo common law and, throughout his legal career, has recognized the benefit of tribal customs and traditions as tools of restorative justice.In Navajo Courts and Navajo Common Law, Justice Austin considers the history and implications of how the Navajo Nation courts apply foundational Navajo doctrines to modern legal issues. He explains key Navajo foundational concepts like Hózhó (harmony), K'é (peacefulness and solidarity), and K'éí (kinship) both within the Navajo cultural context and, using the case method of legal analysis, as they are adapted and applied by Navajo judges in virtually every important area of legal life in the tribe.In addition to detailed case studies, Justice Austin provides a broad view of tribal law, documenting the development of tribal courts as important institutions of indigenous self-governance and outlining how other indigenous peoples, both in North America and elsewhere around the world, can draw on traditional precepts to achieve self-determination and self-government, solve community problems, and control their own futures.

Strengthening Forensic Science in the United States: A Path Forward


National Research Council - 2009
    However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community.The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs.While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Manuscript History of Brigham Young


Brigham Young - 2009
    At an early age I labored with my father, assisting him to clear off new land and cultivate his farm, passing through many hardships and privations incident to settling a new country.My parents were devoted to the Methodist religion, and their precepts of morality were sustained by their good examples. I was labored with diligently by the priests to attach myself to some church in my early life. I was taught by my parents to live a strictly moral life, still it was not until my twenty-second year that I became serious and religiously inclined. Soon after this I attached myself to the Methodist Church.October 8th, 1824, I married a young woman by the name of Miriam Works, daughter of Asa and Jerusha Works, in Aurelius, Cayuga County, New York, where I resided eighteen years, following the occupation of carpenter, joiner, painter, and glazier. In the spring of 1829 I removed to Mendon, Monroe County, where my father resided. The next spring I first saw the Book of Mormon, which Brother Samuel H. Smith brought and left with my brother Phinehas P. H. Young. In the fall of 1831, Elders Alpheus Gifford, Elial Strong and others came to Mendon to preach the everlasting gospel, as revealed to Joseph Smith, the Prophet, which I heard and believed.

Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars


Jay Wexler - 2009
    In Holy Hullabaloos, he takes us along for the ride, crossing the country to meet the people and visit the places responsible for landmark decisions in recent judicial history, from a high school football field where fans once recited prayers before kickoff to a Santeria church notorious for animal sacrifice, from a publicly funded Muslim school to a creationist museum. Wexler's no-holds-barred approach to investigating famous church/state brouhahas is as funny as it is informative.

Before You Say I Do Again: A Buyer’s Beware Guide to Remarriage


Benjamin H. Berkley - 2009
    Their message is to teach how to listen to each other and improve the relationship. Before You Say I Do, Again is not a how-to book to get back together or to stay together. Instead it takes the gloves off and provides insight as to the issues one must consider before walking down the aisle a second time. Tackling a serious subject, but presented in a sometimes whimsical fashion, it puts the brakes on the wedding ceremony and provides the reader with the questions that must be answered before he or she drives down the path of destruction.

Force and Freedom: Kant's Legal and Political Philosophy


Arthur Ripstein - 2009
    Ripstein shows that Kant's thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein's description of the unity and philosophical plausibility of this dimension of Kant's thought will be a revelation to political and legal scholars.In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law--private rights, constitutional law, police powers, and punishment--and by demonstrating the compelling advantages of the Kantian framework over competing approaches.

Black Maverick: T. R. M. Howard's Fight for Civil Rights and Economic Power


David T. Beito - 2009
    One of the leading renaissance men of twentieth century black history, Howard successfully organized a grassroots boycott against Jim Crow in the 1950s. Well known for his benevolence, fun-loving lifestyle, and fabulous parties attended by such celebrities as Jesse Owens and Jackie Robinson, he could also be difficult to work with when he let his boundless ego get the best of him. A trained medical doctor, he kept the secrets of the white elite, and although married to one woman for forty years, he had many personal peccadilloes. But T. R. M. Howard's impressive accomplishments and abilities vastly outshone his personal flaws and foibles. He was a dynamic civil rights pioneer and promoter of self-help and business enterprise among blacks.   With this remarkable biography, David T. Beito and Linda Royster Beito secure Howard's rightful place in African American history. Drawing from dozens of interviews with Howard's friends and contemporaries, as well as FBI files, court documents, and private papers, the authors present a fittingly vibrant portrait of a complicated leader, iconoclastic businessman, and tireless activist.

First Voices: An Aboriginal Women's Reader


Patricia Monture-Angus - 2009
    Who are you and where do you fit into an Indigenous world? In many Indigenous traditions, governance starts with the self. We then fit into clans, families, communities and nations. Understanding yourself is always balanced by understanding your relationships. Primary among Indigenous relationships is our relations to the natural world. Territory is equally an important concept. This Aboriginal women's studies reader is organized under the above themes. It is intended to assist readers in learning about the great diversity across Aboriginal nations in Canada, but also the diversity of women within those nations. The articles chosen represent many of the struggles that Aboriginal women have faced in Canada. These include struggles with the Canadian criminal justice system, with inclusion in self-government and constitutional reform, issues of membership in bands and matrimonial real property. Many of the articles are framed around the quest for equality.

Intellectual Property Law: Text, Cases, and Materials


Tanya Aplin - 2009
    It is designed to be the first of its kind, in combining extracts from major cases and secondary materials with critical commentary from experienced teachers in the field.The book deals with all areas of intellectual property law in the UK: copyright, trade marks and passing off, confidential information, industrial designs, patent, industrial designs, procedure and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and character merchandising. While the focus of the book is on IP law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.It is an ideal resource for all students of intellectual property law who need cases, materials and commentary in a single volume.

Spanish for Attorneys and Paralegals with Online Audio


William C. Harvey - 2009
    Every Spanish word and expression in the book is followed by its phonetic pronunciation and easy-to-follow tips to help its readers understand colloquial spoken Spanish. Author William Harvey concentrates on words and phrases likely to be used in law offices, courtrooms and similar settings, and which pertain to contracts, wills, real estate transactions, law suits, legal rights issues, misdemeanors, and felonies. Presented in these pages and on the enclosed audio CDs are true-to-life dialogues that dramatize typical encounters. This book's approach to teaching practical Spanish bypasses grammar rules and concentrates on practical conversational situations. Vocabulary and sentences presented on the compact discs relate to the book's text and provide practice in listening comprehension.

The Endurance of National Constitutions


Zachary Elkins - 2009
    Yet only half live more than nineteen years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions, Zachary Elkins, Tom Ginsburg, and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperiled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.

Introduction to Public International Law


Joaquin G. Bernas, S. J. - 2009
    

Foreclosed: High-Risk Lending, Deregulation, and the Undermining of America's Mortgage Market


Dan Immergluck - 2009
    The unfortunately timely Foreclosed explains the rise of high-risk lending and why these newer types of loans--and their associated regulatory infrastructure--failed in substantial ways. Dan Immergluck narrates the boom in subprime and exotic loans, recounting how financial innovations and deregulation facilitated excessive risk-taking, and how these loans have harmed different populations and communities.Immergluck, who has been working, researching, and writing on issues tied to housing finance and neighborhood change for almost twenty years, has an intimate knowledge of the promotion of homeownership and the history of mortgages in the United States. The changes to the mortgage market over the past fifteen years--including the securitization of mortgages and the failure of regulators to maintain control over a much riskier array of mortgage products--led, he finds, inexorably to the current crisis.After describing the development of generally stable and risk-limiting mortgage markets throughout much of the twentieth century, Foreclosed details how federal policy-makers failed to regulate the new high-risk lending markets that arose in the late 1990s and early 2000s. The book also examines federal, state, and local efforts to deal with the mortgage and foreclosure crisis of 2007 and 2008. Immergluck draws upon his wealth of experience to provide an overarching set of principles and a detailed set of policy recommendations for righting the ship of U.S. housing finance in ways that will promote affordable yet sustainable homeownership as an option for a broad set of households and communities.

The Sermon on the Mount


Rousas John Rushdoony - 2009
    The Beatitudes are reduced to the assumed meaning of their more popular portions, and much of that meaning limits our concerns to downplaying wealth, praying in secret, suppressing our worries, or simply reciting the Lord's Prayer.All of these commandments are most important, but the larger meaning is missed when the sermon is not read and understood from within the context of the New Covenant. As the author writes, "The covenant made by Jesus Christ is new, because it is with a new people, the new church or assembly of God's firstborn (Heb. 12:22-24), but it is the same covenant with Adam, Noah, Abraham, and Israel; the same tree of life is the life of the covenant, but new branches are grafted into it, and the dead branches are pruned out (Rom. 11:17-24). The tree of life, Jesus Christ, is the center and life of the New Jerusalem, God's Kingdom and city, in every age (Rev. 22:1-2)The Beatitudes are the Kingdom commission to the new Israel of God, and R. J. Rushdoony elucidates this powerful thesis in a readable and engaging commentary on the world's greatest sermon.

Is the Death Penalty Just?


Phillip Kayser - 2009
    Get the Free PDF Here: http://www.biblicalblueprints.org/wp-...

Strategies & Tactics for the MBE 2


Steven L. Emanuel - 2009
    It is important to understand the issues of law tested on the exam and to learn how the exam questions are written to test your understanding of the law. With its comprehensive explanations of why one answer choice is the best answer and why the other choices are not, Strategies & Tactics for the MBE 2 helps you gain the ability to select the best answer choice with certainty.The 300 questions in Strategies & Tactics for the MBE 2 are organized by subject area (Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Torts, and Real Property). Within each subject area, questions are broken down by subtopic, allowing you to locate and practice questions in your trouble areas. The answer explanations are clear and concise -- as you have come to expect from the Strategies & Tactics series. Strategies & Tactics for the MBE features: 300 additional questions to those featured in Strategies & Tactics for the MBE Questions organized by subject matter subtopics, so you can easily locate questions on the topics on which you need to focus Comprehensive, step-by-step explanations for each of the four answer choices in each question Answer explanations written by Steven Emanuel, Editor-in-Chief of Emanuel Bar Review and author of Emanuel Law Outlines in the MBE-subject areas -- the Outlines that got you through law school. Student-tested content from the Emanuel Bar Review series, which resulted in pass rates 10% higher than average in major markets. * Based on passage rates of students who used Emanuel Bar Review materials in California and New York for Bar Exams in 2008 and 2009.

Brown's Boundary Control and Legal Principles


Walter G. Robillard - 2009
    Improving upon its usefulness for both professionals and students alike, this new edition features:The latest changes in case law, with examplesImproved organization and presentationExpanded coverage of metes and boundsNew material on applying the priority of calls to retracementsConsideration of the ethics and moral responsibilities of boundary creation and retracementsThe latest information on the technologies advancing boundary law is covered, including Geographic Information Systems (GIS) and Global Positioning Systems (GPS), and their impact on surveying measurements. A wealth of case studies on federal and state nonsectionalized land surveys demonstrates real-world examples of covered material.Brown's Boundary Control and Legal Principles, Sixth Edition is an essential reference tool for professional surveyors studying for state surveying licensing, students, and attorneys in real estate and land law.

Harry Potter and the Law


Jeffrey E. Thomas - 2009
    

Tug of War: A Judge's Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court


Harvey Brownstone - 2009
    Written by a sitting family court judge in layman’s language, it demystifies complex family law concepts and procedures, clearly explains how family court works, and gives parents essential alternatives to resolve their own custody battles and keep their kids out of the often damaging court system. Breakup rates in North America are skyrocketing. Recent statistics say 45% of marriages end in divorce, and at the centre are countless children, thrust by their families into a complex and seemingly impermeable family court system. Tug of War explains the role of lawyers and judges in the family justice system, and examines the parents’ own responsibilities to ensure that post-separation conflicts are resolved with minimal damage to the children stuck in the middle of parental disputes. Justice Harvey Brownstone explores themes that apply to all families and parents in conflict. He draws on fourteen years sitting on the family court bench to provide clear case examples with inclusive and accessible language. Tug of War describes alternatives to litigation and exposes the myth that parents can represent themselves without a lawyer in family court. Justice Brownstone discloses the inner struggles of parents, judges and lawyers in the maelstrom of marital conflict. This book is a must-read for couples involved in or contemplating separation, family law judges, lawyers, mediators, parenting coaches, psychologists, family counselors, social workers, students and professors of family law at law schools. It is endorsed by judges currently sitting in Ontario and New York State.

The 1987 Constitution of the Philippines - A Commentary


Joaquin G. Bernas, S.J. - 2009
    This updated 2009 edition incorporates jurisprudence up to the end of 2008 in the hope of making it more useful for those who will eventually undertake the task of amendment or revision.TABLE OF CONTENTS• Basic Principles and Policies• Bill of Rights• Citizenship• Suffrage• Legislative Department• Executive Department• Judicial Department• Constitutional Commissions• Local Governments• Accountability of Public Officers• National Economy• Social Justice and Human Rights• Education, etc.• The Family

Remembering Scottsboro: The Legacy of an Infamous Trial


James A. Miller - 2009
    Despite meager and contradictory evidence, all nine were found guilty and eight of the defendants were sentenced to death--making Scottsboro one of the worst travesties of justice to take place in the post-Reconstruction South. "Remembering Scottsboro" explores how this case has embedded itself into the fabric of American memory and become a lens for perceptions of race, class, sexual politics, and justice. James Miller draws upon the archives of the Communist International and NAACP, contemporary journalistic accounts, as well as poetry, drama, fiction, and film, to document the impact of Scottsboro on American culture.The book reveals how the Communist Party, NAACP, and media shaped early images of Scottsboro; looks at how the case influenced authors including Langston Hughes, Richard Wright, and Harper Lee; shows how politicians and Hollywood filmmakers invoked the case in the ensuing decades; and examines the defiant, sensitive, and savvy correspondence of Haywood Patterson--one of the accused, who fled the Alabama justice system. Miller considers how Scottsboro persists as a point of reference in contemporary American life and suggests that the Civil Rights movement begins much earlier than the Montgomery Bus Boycott of 1955."Remembering Scottsboro" demonstrates how one compelling, provocative, and tragic case still haunts the American racial imagination.

Judicial Deliberations: A Comparative Analysis of Judicial Transparency and Legitimacy


Mitchel Lasser - 2009
    It then uses this analysis to offer the first detailed comparative examination of the interpretive practice of the European Court of Justice.Lasser demonstrates that the French judicial system rests on a particularly unified institutional and ideological framework founded on explicitly republican notions of meritocracy and managerial expertise. Law-making per se may be limited to the legislature; but significant judicial normative administration is entrusted to State selected, trained, and sanctioned elites who are policed internally through hierarchical institutional structures. The American judicial system, by contrast, deploys a more participatory and democratic approach that reflects a more populist vision. Shunning the unifying, controlling, and hierarchical French structures, the American judicial system instead generates its legitimacy primarily by argumentative means. American judges engage in extensive debates that subject them to public scrutiny and control. The ECJ hovers delicately between the institutional/argumentative and republican/democratic extremes. On the one hand, the ECJ reproduces the hierarchical French discursive structure on which it was originally patterned. On the other, it transposes this structure into a transnational context of fractured political and legal assumptions. This drives the ECJ towards generating legitimacy by adopting a somewhat more transparent argumentative approach.

Exodus and Emancipation: Biblical and African-American Slavery


Kenneth Chelst - 2009
    This consideration dives deeply into the biblical narrative, using classical and modern commentaries to explore the social, psychological, religious, and philosophical dimensions of the slave experience and mentality. It draws on slave narratives, published letters, eyewitness accounts, and recorded interviews with former slaves, together with historical, sociological, economic, and political analyses of this era. The book explores the five major needs of every long-term victim and journeys through these five stages with the Israelite and the African-American slaves on their historical path toward physical and psychological freedom. This rich, multi-dimensional collage of parallel and contrasting experiences is designed to enrich readers’ understanding of the plight of these two groups.

Disaster Law and Policy (Aspen Elective Series)


Daniel A. Farber - 2009
    ed. of: Disasters and the law / Daniel A. Farber, Jim Chen. 2006.

The Cambridge Companion to Philo


Adam Kamesar - 2009
    They are also of extreme importance for understanding the Greek philosophy of the time and help to explain the onset of new forms of spirituality that would dominate the following centuries. This handbook presents, in an unassuming format, an account of Philo's achievements. It contains a profile of his life and times, a systematic overview of his many writings, and survey chapters of the key features of his thought, as seen from the perspectives of Judaism and Greek philosophy. The volume concludes with a section devoted to Philo's influence and significance. Composed by an international team of experts, The Cambridge Companion to Philo gives readers a sense of the current state of scholarship and provides depth of vision in key areas of Philonic studies.

Party Position Change in American Politics


David Karol - 2009
    Democrats and Republicans have changed sides on many subjects, including trade, civil rights, defense spending, and fiscal policy, and polarized on newer issues like abortion and gun control. Yet party position change remains poorly understood. In this book David Karol views parties as coalitions of groups with intense preferences on particular issues managed by politicians. He explains important variations in party position change: the speed of shifts, the stability of new positions, and the extent to which change occurs via adaptation by incumbents. Karol shows that the key question is whether parties are reacting to changed preferences of coalition components, incorporating new constituencies, or experimenting on "groupless" issues. He reveals that adaptation by incumbents is a far greater source of change than previously recognized. This study enhances our understanding of parties, interest groups, and representation.

The Law Of Corporate Finance: General Principles And Eu Law: Volume Iii: Funding, Exit, Takeovers


Petri Mäntysaari - 2009
    The firm m- ages these aspects by legal tools and practices in the context of all commercial transactions. The second volume discussed investments. As voluntary contracts belong to the most important legal tools available to the firm, the second volume provided an - troduction to the general legal aspects of generic investment contracts and p- ment obligations. This volume discusses funding transactions, exit, and a particular category of decisions raising existential questions (business acquisitions). Transactions which can be regarded as funding transactions from the perspective of a firm raising the funding can be regarded as investment transactions from the perspective of an - vestor that provides the funding. Although the perspective chosen in this volume is that of a firm raising funding, this volume will simultaneously provide infor- tion about the legal aspects of many investment transactions. 1.2 Funding, Exit, Acquisitions Funding transactions are obviously an important way to manage cash flow. All - vestments will have to be funded in some way or another. The firm s funding mix will also influence risk in many ways. Funding. The most important way to raise funding is through retained profits and by using existing assets more efficiently. The firm can also borrow money from a bank, or issue debt, equity, or mezzanine securities to a small group of - vestors."

The Oxford Handbook of International Trade Law


Daniel Bethlehem - 2009
    The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization.The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes?This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.

The Fraud Of Money & Banking: Scene Three: The Fraud Of The Fraud


Jose M. Paulino - 2009
    Learn the answers to such questions as: -Was the economic collapse purposely engineered? -Who really owns the Federal Reserve? -Was President Kennedy Killed by the International Banking Cartels because of Executive Order 11110? -What do the Signs and Symbols of the Dollar Bill and the Treasury Department really mean? Learn the answers to all these questions and much, much more!

The Law of Corporate Finance: General Principles and EU Law, Volume I: Cash Flow, Risk, Agency, Information


Petri Mantysaari - 2009
    " 1. 1 What Does Corporate Finance Law Mean? The law of corporate finance has been defined in a modern and more holistic way in this three-volume book. In this book, corporate finance law is studied from the perspective of the firm. Like modern commercial law in general, the law of cor- rate finance helps the firm to reach its legal objectives (management of cash flow and the exchange of goods, management of risk, management of agency relati- ships, and management of information). When trying to reach its legal objectives, the firm typically applies generic legal tools and practices (incorporation and choice of business form, contracts, regulation of internal processes through c- pliance and otherwise, typical ways to manage agency relationships, and typical ways to manage information problems) and takes into account legal rules that - long to different traditional fields of law (contract law, company law, banking law, 2 tax law, competition law, and so forth). In corporate finance law, these legal tools 1 Immanuel Kant, Prolegomena (1783), 1

The Constitution of South Africa: A Contextual Analysis


Heinz Klug - 2009
    This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitiutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discussed the challenges facing the Constitution and its aspirations in a democratic South Africa. The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.

Frontier Constitutions: Christianity and Colonial Empire in the Nineteenth-Century Philippines


John D. Blanco - 2009
    John D. Blanco argues that modernity in the colonial Philippines should not be understood as an imperfect version of a European model but as a unique set of expressions emerging out of contradictions—expressions that sanctioned new political communities formed around the precariousness of Spanish rule. Blanco shows how artists and writers struggled to synthesize these contradictions as they attempted to secure the colonial order or, conversely, to achieve Philippine independence.

A Practical Guide to Commercial Real Estate Transactions: From Contract to Closing


Gregory M. Stein - 2009
    This comprehensive guide covers all aspects of a commercial real estate transaction and offers advice, commentary, and forms to expertly negotiate and close the deal. This revised edition features new forms and covers recent changes in law and practice, including the USA Patriot Act, anti-money laundering laws, the subprime mortgage crisis, and terrorism and hurricane insurance. Includes CD-ROM.

Equity Stirring: The Story of Justice Beyond Law


Gary Watt - 2009
    There may be a professional responsibility on writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively, and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Author Gary Watt finds in law and literature an equity that is necessary to good life and good law, but which does not require us to attain a moral or "natural law" ideal. The project is an educational one in the true etymological sense of leading the reader into new territory. The reader - including the law student who is looking for summer reading before he or she studies the technical law of equity - is invited to undertake a close literary study of the works of such authorities as Aristotle, Shakespeare, and Dickens. Scholars and students of humanities disciplines - including literature, classics, history, theology, theatre, and rhetoric - will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the origin of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. The book is a fascinating and revealing study of the literary history of equity and will be of interest to legal historians, those interested in law and humanities, and a selection of equity and trusts scholars.

Legal Aptitude and Reasoning for Clat


A.P. Bhardwaj - 2009
    Encouraging students to reflect upon problems rather than give regurgitated answers, and designed to strengthen general legal reasoning, the book helps to deepen understanding of crucial aspects of legal aptitude such as constitutional awareness, legal situations and issues, and legal decisions and their judicious and discriminate interpretations. The practice problems provided have been used and tested to acclaim by hundreds of the author s students.

Coming to Law School: How to Prepare Yourself for the Next Three Years


Ian Gallacher - 2009
    The book also contains information about many practical issues, including the law school process, how to do well in a summer job, and taking the bar exam.Although this is not a book about the law, it is designed to help all law students get the most out of law school.

Prix de la justice et de l'humanité


Voltaire - 2009
    This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

Law's Meaning of Life: Philosophy, Religion, Darwin and the Legal Person


Ngaire Naffine - 2009
    This question is: "Who is law for?" Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are basic to legal-decision making. They form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings, or whether it also speaks to and for human infants, adults with impaired reasoning, the comatose, fetuses, and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons? Are they considered sufficiently rational, sacred, or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyzes four influential ways of thinking about legal persons, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology, while the fourth is strictly legalistic and so endeavors to eschew metaphysics altogether. The book offers a clear, coherent, and critical account of these complex moral and intellectual processes entailed in the making of legal persons.

Reptile: The 2009 Manual Of The Plantiff's Revolution


David A. Ball - 2009
    

International Law


Henry James Sumner Maine - 2009
    James Maine, of Kelso, Borders, Scotland. He is famous for the thesis, outlined in Ancient Law (1861), that law and society developed "from status to contract." In the ancient world individuals were tightly bound by status to traditional groups, while in the modern one, in which individuals are viewed as autonomous beings, they are free to make contracts and form associations with whomever they choose. Because of this thesis, he can be seen as one of the forefathers of modern sociology of law. His prominent use of Roman law and the wide range of his observation have made his works as intelligible abroad as at home and thereby much valuable information. His other works include Village Communities (1871), Lectures on the Early History of Institutions (1875), Dissertations on Early Law and Custom (1883) and Popular Government (1885).

Acing Criminal Law: A Checklist Approach to Criminal Law


John M. Burkoff - 2009
    

Introduction to Business Law in Singapore


Ravi Chandran - 2009
    This book is essentially written for students who intend to take business law as a subject. It addresses student's difficulties in understanding the law by providing many clear examples and making the book as practical as possible. Non-law students without prior legal training will find that this book makes the law accessible to them.

India in the Shadows of Empire: A Legal and Political History, 1774-1950


Mithi Mukherjee - 2009
    It explains the postcolonial Indian polity by presenting an alternative historical narrative of the British Empire in India and India's struggle for independence. In contrast to much of existing scholarship, this book joins the colonial and postcolonial periods in modern Indian history into a seamless narrative. It pursues this narrative along two major trajectories. On the one hand, it focuses on the role of imperial judicial institutions and practices in the making of both the British Empire and the anti-colonial movement under the Congress, with the lawyer as political leader. On the other hand, it offers a novel interpretation of Gandhi's non-violent resistance movement and the discourse of freedom on which it was based. Departing from existing scholarship, it shows critical differences between Gandhi and the Congress. This book also offers a comprehensive and new reinterpretation of the Indian Constitution in the light of this historical narrative. Ambitious, original, thought-provoking, and rich in insight, this book will be indispensable for students and scholars of Indian history, the British Empire, legal history, constitutional history, political science, and sociology. It will also interest anybody seeking a broad understanding of the mainsprings of modern Indian history and politics.

Great Debates: Criminal Law (Palgrave Macmillan Great Debates in Law)


Jonathan Herring - 2009
    This book also discusses the specific issues which reveal the practical significance of different theoretical positions.

Inside Civil Procedure: What Matters and Why


Howard M. Erichson - 2009
    Unlike heavily abridged treatises, the Inside Series is carefully written in a concise, straightforward style that clearly identifies the essential components of the law and how they fit together. You can quickly learn what is important and why. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you how each relates to the larger legal framework. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars give fascinating additional detail from legal history, policy, famous cases and more. The graphic design supports your visual learning, and features such as bolded key terms, summaries, and Connections help reinforce your understanding while giving you ample opportunity for self-review. Surprisingly concise, visually compelling, the Inside Series is extremely useful throughout the semester to help you identify the essential components of the law and how they fit together. Comprehensive coverage of the essential topics emphasizes what you need to know and why. Clear, straightforward, informal writing explains every topic for you without over-simplifying the concepts. Overviews and Tables of Contents in each chapter act as a roadmap to guide you through topics, showing you why each matters and how it fits into the larger framework of the law. FAQs clarify points of law and help you avoid common mistakes and misconceptions. Sidebars enrich the text with fascinating detail from legal history, policy, famous cases and more. Bolded key terms, Connections and summaries reinforce your understanding and give you ample opportunity for self-review. The overall graphical design of the series supports your visual learning.

Medical Ethics and the Faith Factor: A Handbook for Clergy and Health-Care Professionals


Robert D. Orr - 2009
    Replete with instructive case studies, Medical Ethics and the Faith Factor is an invaluable resource that reintroduces the human element to a discussion so often detached from the very people it claims to concern.

Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine


Sudhir Krishnaswamy - 2009
    The author presents a completely reconfigured understanding of the judicial role in Indian constitutional law. He lucidly and critically examines the significance and status of the basic structure doctrine today. He addresses the question whether basic structure review is an appropriate exercise of judicial power or an abuse of it. He argues that much of the criticism against the doctrine emerges from a failure to adequately map the contours of constitutional judicial review. He assesses the legitimacy of basic structure review under three categories-legal, moral, and sociological. It critiques the views of major scholars including Seervai, Sathe, Austin, and Baxi. It also analyses the post Kesavananda Bharti cases and studies how the scope of the basic structure doctrine has been expanded by the court. He tries to develop an essential benchmark against which judicial performance may be assessed and the confusions currently inherent in the Indian debate on judicial activism finally eliminated.

Deconstructing Legal Analysis: A 1L Primer


Peter Wendel - 2009
    Wendel has taught academic success workshops at over thirty-five law schools throughout the country. In Deconstructing Legal Analysis: A 1L Primer, he provides a variety of time-tested techniques--including a unique model for visualizing legal analysis--to teach students how to think like lawyers and take law school exams.Deconstructing Legal Analysis: A 1L Primer features: a unique, visual pedagogical method that illustrates a relational analysis of facts, rules, and public policy an interactive approach that consistently encourages students to write down their answers to carefully guided questions a great teaching case, "Pierson v. Post," showing how a layperson reads a case as compared to how a lawyer would read the same case useful templates and methods for legal analysis and essay-exam writing, such as IRAC and IRRAC exam-taking tips and guidance that emphasize flexibility, rather than a formulaic approachIf experience is the best teacher, then Deconstructing Legal Analysis is an essential for academic success in law school.

Companies and Other Business Structures in South Africa: Commercial Law


Dennis Davis - 2009
    

Guantanamo North: Terrorism and the Administration of Justice in Canada


Robert Diab - 2009
    Spotlighting the neglect on behalf of Canada’s parliamentarians, this essential record provides evidence that lawmakers voted in favor of the act without having read it and details the unforeseen implications that have led to the incarceration of innocent people. Outlining the new scope of state secrecy and investigating the complicity of Parliament, the courts, and law enforcement, this informative report convincingly argues that the antiterrorism measures are unnecessary and have moved the administration of justice further away from human rights and freedom.

Spatializing Law: An Anthropological Geography of Law in Society


Franz von Benda-Beckmann - 2009
    Exploring the interrelations between social spaces and boundaries and physical space, Spatializing Law examines how spaces are constructed on the terrestrial and marine surface of the earth with legal means in a rich variety of socio-political, legal and ecological settings.

The Impact of Human Rights Law on General International Law


Menno T. Kamminga - 2009
    The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to better reflect the values and interests of a wider range of actors, including the individual.This volume provides the first comprehensive examination of the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility and diplomatic protection. The authors trace the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.The book contains work carried out by the Committee on International Law and Practice of the International Law Association (ILA) over a period of four years, incluing the Committee's Final Report on the Impact of International Human Rights Law on General International Law and in-depth contributions by Committee members on key areas of international law.

Law and the Contradictions of the Disability Rights Movement


Samuel R. Bagenstos - 2009
    The ADA can lay claim to notable successes, yet people with disabilities continue to be unemployed at extremely high rates. In this timely book, Samuel R. Bagenstos examines the history of the movement and discusses the various, often-conflicting projects of diverse participants. He argues that while the courts deserve some criticism, some may also be fairly aimed at the choices made by prominent disability rights activists as they crafted and argued for the ADA. The author concludes with an assessment of the limits of antidiscrimination law in integrating and empowering people with disabilities, and he suggests new policy directions to make these goals a reality.

Women in Classical Islamic Law: A Survey of the Sources


Susan Spectorsky - 2009
    All assumed a woman would marry and thus the book concentrates on women s family life. The introduction establishes the historical framework within which the jurists worked. A chapter on Qur n verses devoted to women s lives is followed by chapters on marriage and divorce which compare the views of jurists during the formative period. The fourth chapter describes the evolution from the formative to the classical periods. The fifth uses material from both periods to describe the array of legal opinion about other aspects of women s lives in and outside their homes. Throughout, jurists opinions are juxtaposed with relevant quotations from contemporaneous ad th collections."

American Privacy


Frederick S. Lane - 2009
    Legally, technologically, and historically grounded, Frederick Lane’s book presents a vivid and penetrating exploration that, in the words of people’s historian Howard Zinn, “challenges us to defend our most basic rights.” From the Trade Paperback edition.

Feminist and Queer Legal Theory: Intimate Encounters, Uncomfortable Conversations


Martha Albertson Fineman - 2009
    The volume explores, at times contentiously, convergences and departures among a variety of feminist and queer political projects. These explorations - foregrounded by legal issues such as marriage equality, sexual harassment, workers' rights, and privacy - re-draw and re-imagine the alliances and antagonisms constituting feminist and queer theory. The essays cross a spectrum of disciplinary matrixes, including jurisprudence, political philosophy, literary theory, critical race theory, women's studies, and gay and lesbian studies. The authors occupy a variety of political positions vis-A -vis questions of identity, rights, the state, cultural normalization, and economic liberalism. The richness and vitality of feminist and queer theory, as well as their relevance to matters central to the law and politics of our time, are on full display in this volume.

Crazy Enough to Care: Changing Your World Through Compassion, Justice and Racial Reconciliation


Alvin C. Bibbs Sr. - 2009
    We see these things in our world, in our neighborhoods, and we don't know what to do with ourselves. We've got to do something, but where to begin? What to do? How to do it? Crazy Enough to Care will take you and your friends on a journey, uncovering the things that make compassion impractical in contemporary society, addressing the fears that crop up as we consider reaching out to people we know and people we don't know, and offering opportunities to practice compassion together. Give Alvin Bibbs and his team of experts twelve sessions, and you and your group will find yourselves changing the world by caring for others.

Louis D. Brandeis and the Making of Regulated Competition, 1900-1932


Gerald Berk - 2009
    Whereas most scholars cast the politics of industrialization in the progressive era as a narrow choice between breaking up and regulating the large corporation, Berk reveals a third way: regulated competition. In this framework, the government steered economic development away from concentrated power by channeling competition from predation to improvements in products and production processes. Louis Brandeis conceptualized regulated competition and introduced it into public debate. Political entrepreneurs in Congress enacted many of Brandeis's proposals into law. The Federal Trade Commission enlisted business and professional associations to make it workable. The commercial printing industry showed how it could succeed. And 30 percent of manufacturing industries used it to improve economic performance. In order to make sense of regulated competition, Berk provides a new theory of institutions he calls "creative syncretism," which stresses the recombinability of institutional parts and the creativity of actors.

The Lawyer's Guide to Finding Success in Any Job Market


Richard Hermann - 2009
    And as recent news coverage suggests, most are in desperate need of guidance on how to keep their jobs and what to do if they’re let go. The legal landscape has shifted, and keen lawyers must know how to navigate it. With 25 years in legal career counseling, Hermann helps attorneys deal with downsizing in a precarious economy. The book provides a savvy outlook on the current job scene, with specifi c topics that include: opportunities impervious to economic flux; beating “recession depression”; using a law degree outside the “mainstream”; combining career opportunities; maximizing contacts; nailing an interview; and relocation considerations. This book focuses primarily on the job-search process for attorneys who’ve been recently displaced, with additional tips for those who wish to redirect their career focus as a result.

Finding the Lost Year: What Happened When Little Rock Closed Its Public Schools


Sondra Gordy - 2009
    Finding the Lost Year is the first book to look at the unresolved elements of the school desegregation crisis and how it turned into a community crisis, when policymakers thwarted desegregation and challenged the creation of a racially integrated community and when competing groups staked out agendas that set Arkansas’s capital on a path that has played out for the past fifty years.In Little Rock in 1958, 3,665 students were locked out of a free public education. Teachers’ lives were disrupted, but students’ lives were even more confused. Some were able to attend schools outside the city, some left the state, some joined the military, some took correspondence courses, but fully 50 percent of the black students went without any schooling. Drawing on personal interviews with over sixty former teachers and students, black and white, Gordy details the long-term consequences for students affected by events and circumstances over which they had little control.“Fifty years ago segregationists trying to keep black students out of Little Rock Central High inadvertently broke up one of the country’s greatest football dynasties. . . . Wait a minute. . . . Who said you can’t have a high school football team just because you don’t have a high school? Canceling football, Faubus decreed, would be ‘a cruel and unnecessary blow to the children.’ O.K. then, everyone agreed. Play ball!” —“Blinded by History,” Sports Illustrated

Imaginary Lines: Border Enforcement and the Origins of Undocumented Immigration, 1882-1930


Patrick Ettinger - 2009
    Historian Patrick Ettinger offers a comprehensive historical study of evolving border enforcement efforts on American land borders at the turn of the 20th century.

Rights, Race, and Recognition


Derrick Darby - 2009
    The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse.

The War on Terror and the Laws of War: A Military Perspective


Geoffrey S. Corn - 2009
    The authors apply their unique expertise to issues that have gained greater urgency during the United States' wars in Iraq and Afghanistan: including categorizing targets and properly detaining combatants. The modern battlefield has proven to be a difficult arena in which to apply traditional legal rules. The War on Terror and the Laws of War brings clarity to the subject with an insider's perspective.

The Essential Guide to Handling Workplace Harassment & Discrimination


Deborah C. England - 2009
    And according to a recent New York Times article, the down economy appears to be causing an increase in the number of employeeinitiated lawsuits.The Harassment and Discrimination Answer Book is a practical guide for human resources professionals, managers, and supervisors who are responsible for addressing and preventing harassment and discrimination problems in the workplace. It takes into account the practical realities of applying the law on a day to day basis, and answers common questions that those dealing with harassment and discrimination are likely to face regularly.Neither a strictly formulaic legal text (the book includes samples, quizzes, and audio scenarios to help readers apply the principles they’re learning), nor an HRonly book (it covers the most important legal concepts and principles that professionals need to deal with workplace discrimination, including summaries of the most recent and important court cases), The Harassment and Discrimination Answer Book is an essential and easytoread desk reference, covering: definitions of harassment and the various forms of discrimination;explanations of when and how discrimination occurs; the elements of effective policy and how to communicate it to the team; how to conduct training and what it should cover;how to properly, respectfully receive a complaint;how to legally conduct and conclude an investigation;what documents need to be kept onhand and what they should look like;dealing with investigating agencies, and much more.

Slaves by Law: The Fraud of the Legal System: Scene Four


Jose M. Paulino - 2009
    If you are consistently being harassed by debt collectors, the traffic (ticket) scam, or if you have fallen victim to the home foreclosure racket, this is the book that you need to study. So fasten your seat-belts, as this book takes you on a journey into the ultimate realm of double speak and deception-THE COURT ROOM. In this book you will learn how the CRIMINAL ELITE have hi-jacked our judicial system in order to help keep the people in slavery. The deception is done according to what has been written as "LAW." This book is going to wow the enemy, as it dismantles an important sector of the control grid-The Legal System. This is the information that will settle the score once and for all! Are we free? Or are we slaves?

The Elusive Promise of Indigenous Development: Rights, Culture, Strategy


Karen Engle - 2009
    Karen Engle traces the history of these claims, considering the prevalence of particular legal frameworks and their costs and benefits for indigenous groups. Her vivid account highlights the dilemmas that accompany each legal strategy, as well as the persistent elusiveness of economic development for indigenous peoples. Focusing primarily on the Americas, Engle describes how cultural rights emerged over self-determination as the dominant framework for indigenous advocacy in the late twentieth century, bringing unfortunate, if unintended, consequences.Conceiving indigenous rights as cultural rights, Engle argues, has largely displaced or deferred many of the economic and political issues that initially motivated much indigenous advocacy. She contends that by asserting static, essentialized notions of indigenous culture, indigenous rights advocates have often made concessions that threaten to exclude many claimants, force others into norms of cultural cohesion, and limit indigenous economic, political, and territorial autonomy.Engle explores one use of the right to culture outside the context of indigenous rights, through a discussion of a 1993 Colombian law granting collective land title to certain Afro-descendant communities. Following the aspirations for and disappointments in this law, Engle cautions advocates for marginalized communities against learning the wrong lessons from the recent struggles of indigenous peoples at the international level.

Little Book of Big Ideas: Law


Robert Hockett - 2009
    The great trial lawyers, judges, codifiers, and legal philosophers are all introduced, along with 10 legal principles that underpin modern systems of justice. Find out where the law comes from, the people who developed it, and what justifies it. Discover the great activist lawyers, the defenders of human rights, and founders of international law. From Hammurabi and the legal codes of ancient Babylon to the groundbreaking legal theorists of the Enlightenment and contemporary debate about the origins and extent of human rights, the Little Book of Big Ideas: Law charts the developments of the legal systems that rule our lives today.

Critical Terrorism Studies: A New Research Agenda


Richard Jackson - 2009
    However, much of the literature is beset by a number of problems, limiting its potential for producing rigorous empirical findings and genuine theoretical advancement. In response to these weaknesses in the broader field, a small but increasing number of scholars have begun to articulate a critical perspective on contemporary issues of terrorism. This volume brings together a number of leading scholars to debate the need for and the shape of this exciting new subfield.The first part of the volume examines some of the main shortcomings and limitations of orthodox terrorism studies, while the second examines exactly what a 'critical' terrorism studies would look like. Contributors from a variety of methodological and disciplinary perspectives give this volume diversity, and it will lay the foundations for, and provoke debate about, the future research agenda of this new field.This book will be of much interest to students of critical security studies, terrorism studies and IR theory in general.Richard Jackson is Reader in the Department of International Politics, Aberystwyth University, where he is also Senior Researcher at the Centre for the Study of Radicalisation and Contemporary Political Violence (CSRV). He is the founding editor of the journal, Critical Studies on Terrorism. Marie Breen Smyth is Director of the Centre for the Study of Radicalisation and Contemporary Political Violence (CSRV) at Aberystwyth University. She is a Reader in International Politics and co-editor of the journal, Critical Studies on Terrorism. Jeroen Gunning is Lecturer in International Politics at Aberystwyth University, Deputy Director of the Centre for the Study of Radicalisation and Contemporary Political Violence and co-editor of the journal, Critical Studies on Terrorism.

Example & Explanations: Criminal Procedure: The Constitution and the Police


Robert M. Bloom - 2009
    

Murder Was Not a Crime: Homicide and Power in the Roman Republic


Judy E. Gaughan - 2009
    Revealing the significant relationship between political power and attitudes toward homicide in the Roman republic, Murder Was Not a Crime describes a legal system through which families (rather than the government) were given the power to mete out punishment for murder.With implications that could modify the most fundamental beliefs about the Roman republic, Gaughan's research maintains that Roman criminal law did not contain a specific enactment against murder, although it had done so prior to the overthrow of the monarchy. While kings felt an imperative to hold monopoly over the power to kill, Gaughan argues, the republic phase ushered in a form of decentralized government that did not see itself as vulnerable to challenge by an act of murder. And the power possessed by individual families ensured that the government would not attain the responsibility for punishing homicidal violence.Drawing on surviving Roman laws and literary sources, Murder Was Not a Crime also explores the dictator Sulla's "murder law," arguing that it lacked any government concept of murder and was instead simply a collection of earlier statutes repressing poisoning, arson, and the carrying of weapons. Reinterpreting a spectrum of scenarios, Gaughan makes new distinctions between the paternal head of household and his power over life and death, versus the power of consuls and praetors to command and kill.

Our Nation Unhinged: The Human Consequences of the War on Terror


Peter Jan Honigsberg - 2009
    Fifteen-year-old Omar Khadr crying out to an American soldier, "Kill me!" Hunger strikers at Guantánamo being restrained and force-fed through tubes up their nostrils. John Walker Lindh lying naked and blindfolded in a metal container, bound by his hands and feet, in the freezing Afghan winter night. This is the story of the Bush administration's response to the attacks of September 11, 2001—and of how we have been led down a path of executive abuses, human tragedies, abandonment of the Constitution, and the erosion of due process and liberty. In this vitally important book, Peter Jan Honigsberg chronicles the black hole of the American judicial system from 2001 to the present, providing an incisive analysis of exactly what we have lost over the past seven years and where we are now headed.

Developing Zapatista Autonomy: Conflict and NGO Involvement in Rebel Chiapas


Niels Barmeyer - 2009
    These have been particularly salient with regard to nongovernmental (NGO) development projects that have provided marginalized communities with social and economic infrastructure that operate independently from the Mexican state. NGOs and solidarity groups continue to play an increasingly important role in helping these communities strengthen their autonomy in the regions controlled by the Zapatista Army of National Liberation (EZLN).Niels Barmeyer devoted time in Chiapas in the mid-1990s as a human rights activist and later as an NGO volunteer and PhD researcher. Based on these experiences, he provides an in-depth analysis of the advances and limitations of the Zapatista autonomy project over the past fourteen years. Barmeyer's study includes personal histories of indigenous people and international activists from four rebel communities who are involved in NGO development projects. Their stories of clandestine organization, land occupation, raising money and support, and internal disagreements offer a range of perspectives.