Best of
Law

2011

Normal Life: Administrative Violence, Critical Trans Politics and the Limits of Law


Dean Spade - 2011
    This approach assumes that the state and its legal, policing, and social services apparatus—even its policies and documents of belonging and non-belonging—are neutral and benevolent. While we all have to comply with the gender binaries set forth by regulatory bodies of law and administration, many trans people, especially the most marginalized, are even more at risk for poverty, violence, and premature death by virtue of those same "neutral" legal structures.Normal Life: Administrative Violence, Critical Trans Politics, and the Limits of Law raises revelatory critiques of the current strategies pivoting solely on a "legal rights framework," but also points to examples of an organized grassroots trans movement that is demanding the most essential of legal reforms in addition to making more comprehensive interventions into dangerous systems of repression—and the administrative violence that ultimately determines our life chances. Setting forth a politic that goes beyond the quest for mere legal inclusion, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.An attorney, educator, and trans activist, Dean Spade has taught classes on sexual orientation, gender identity, poverty and law at the City University of New York (CUNY), Seattle University, Columbia University, and Harvard. In 2002 he founded the Sylvia Rivera Law Project, a collective that provides free legal services and works to build trans resistance rooted in racial and economic justice.

With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful


Glenn Greenwald - 2011
    But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world.Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

Point Made: How to Write Like the Nation's Top Advocates


Ross Guberman - 2011
    What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are more science than art, says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the Why Should I Care? technique). Arguing against allowing the FCC to continue fining broadcasters that let the F-word slip out, she highlights the chilling effect these fines have on America's radio and TV stations, discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture. Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--Brass Tacks, Talk to Yourself, Russian Doll--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.

The Collapse of American Criminal Justice


William J. Stuntz - 2011
    Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems--and for their solutions."The Collapse of American Criminal Justice" takes us deep into the dramatic history of American crime--bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court's emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.

The Rights of Indians and Tribes


Stephen Pevar - 2011
    The book, which explains this complex subject in a clear and easy-to-understand way, is particularly useful for tribal advocates, government officials, students, practitioners of Indian law, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indiantribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully-updated new edition features an introduction byJohn Echohawk, Executive Director of the Native American Rights Fund

Justice for Hedgehogs


Ronald Dworkin - 2011
    Develops original theories on a variety of issues, including: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, law, more.

Gunfight: The Battle over the Right to Bear Arms in America


Adam Winkler - 2011
    In the tradition of Gideon's Trumpet, Adam Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative. From the Founding Fathers and the Second Amendment to the origins of the Klan, ironically as a gun control organization, the debate over guns has always generated controversy. Whether examining the Black Panthers' role in provoking the modern gun rights movement or Ronald Reagan's efforts to curtail gun ownership, Winkler brilliantly weaves together the dramatic stories of gun rights advocates and gun control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

A Short and Happy Guide to Property (Short and Happy Series)


Paula A. Franzese - 2011
    Prof. Paula Franzese, a nationally-renown teacher and scholar, sets forth understandable techniques for mastering estates in land and future interests (including the dreaded rule against perpetuities), concurrent estates, landlord-tenant law, servitudes, land transactions, recording system, zoning and eminent domain. Learn from the unprecedented nine-time recipient of the Professor of the Year Award, and become a Property connoisseur!

A Private Life


Michael Kirby - 2011
    Speaking in his own voice, he opens up as never before in a beautifully written, reflective and generous memoir - one that Michael Kirby's many admirers have been waiting for.Michael Kirby is one of Australia's most admired public figures. In times of spin and obfuscation, he speaks out passionately and straightforwardly on the issues that are important to him. Even those who disagree with him have been moved by the courage required of him to come out as a high-profile gay man, which at times has caused him to be subjected to outrageous assaults on his character.This is a collection of reminiscences in which we discover the private Michael Kirby speaking in his own voice. He opens up as never before about his early life, about being gay, about his forty-two year relationship with Johan van Vloten, about his religious beliefs and even about his youthful infatuation with James Dean, which sent him on a sentimental journey to Dean's home town in the year 2000, an adventure he here wryly recalls.Beautifully written, reflective and generous, in that warm and gently self-deprecating voice that is so characteristic of him, this is a memoir that Michael Kirby's many admirers have been waiting for.

Michael Kirby: Paradoxes and Principles


A.J. Brown - 2011
    He is a former world president of the International Commission of Jurists, and in 1993-1996 was the first Australian to serve as a Special Representative of the UN Secretary-General for Human Rights.A J Brown reveals Kirby's difficult and often challenging personal path as judge, public intellectual and gay man. He shows the sharp contrast between Kirby's 30-year love affair with controversial public issues and the reality of a man whose underlying message is deeply traditionalist, that people should have faith in the status quo of political institutions, even the monarchy.He shows also how Kirby's most constant companion, publicity, has been a double-edged sword. Behind his active courtship of an unprecedented judicial profile lay a passion for principles and the social relevance of the law, but it drove him into fierce conflict with the many judges and politicians who questioned whether such celebrity was compatible with judicial life.The slow coming together of his personal, professional and public lives culminates in sharp moments of truth, for Kirby, for powerful institutions, and for a society learning to cope with the challenges of change.The research has included:Exclusive access to over 117 metres of personal and official papers, dating back to the 1940sInterviews with more than 30 of Michael Kirby's closest relatives and colleaguesIndependent research into how falsified records came to be used in Parliament in a direct attack on a High Court judge, andUnprecedented access to the working materials of a High Court judge, including draft judgments and papers normally shredded within judicial chambers.

Books, Crooks and Counselors: How to Write Accurately About Criminal Law and Courtroom Procedure


Leslie Budewitz - 2011
    Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.

False Justice: Eight Myths that Convict the Innocent


Jim Petro - 2011
    Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, "False Justice "is ideal for use in a wide array of criminal justice and criminology courses.Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant s decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in "False Justice."Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1980s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe and research and logic suggest that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty.Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. "False Justice" explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections.Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of "False Justice" we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct both police and prosecutor and in some cases both in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error."Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. "False Justice" shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony.Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve.Myth 7: It dishonors the victim to question a conviction. "False Justice" reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does "that" honor victims?Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. "False Justice" recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us everyday American citizens not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer."

The Lawyer's English Language Coursebook


Catherine Mason - 2011
    The book is a complete course of study for students of the TOLES Foundation and TOLES Higher examinations. The book can used for self-study and contains a comprehensive answer key. The book explains legal vocabulary in a refreshingly clear way and deals with demanding core subjects such as commercial contracts and letter writing in a practical, in-depth way that global law firms require. The units: *The Legal Profession *The Language of Banking *The Language of Contract Law *The Language of Employment Law *The Language of the Law of Tort *Understanding Contracts (1) *The Language of Business Law *Modern Letter Writing *The Language of Company Law *Understanding Contracts (2)

The Wall Street Journal


Dow Jones & Company - 2011
    iThe Wall Street Journal/i is where America starts its business day. This daily paper publishes the latest in US, political and world news in addition to coverage of the business and finance worlds. The iJournal/i connects current domestic and international news events to business fluctuations and market changes. It informs the educated reader about pressing economic changes and evolution. Notable columnists include James Taranto, Bret Stephens, Homan W. Jenkins, Jr., Daniel Henninger and Mary O'Grady. But the iJournal/i covers more than just business. The Weekend Edition is devoted to the activities and interests readers are most passionate about: travel, art, collecting, fashion, wine, sports and entertainment.pYou are purchasing your subscription to the digital edition of iThe Wall Street Journal/i directly from the publisher, Dow Jones Company, through Barnes Noble as its agent.

Convicting the Innocent: Where Criminal Prosecutions Go Wrong


Brandon L. Garrett - 2011
    After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man.DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing.Based on trial transcripts, Garrett's investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory.Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? "Convicting the Innocent" makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

A Troubled Marriage: Domestic Violence and the Legal System


Leigh Goodmark - 2011
    But, Leigh Goodmark argues, the resulting system is deeply flawed in ways that prevent it from assisting many women subjected to abuse. The current legal response to domestic violence is excessively focused on physical violence; this narrow definition of abuse fails to provide protection from behaviors that are profoundly damaging, including psychological, economic, and reproductive abuse. The system uses mandatory policies that deny women subjected to abuse autonomy and agency, substituting the state's priorities for women's goals.A Troubled Marriage is a provocative exploration of how the legal system's response to domestic violence developed, why that response is flawed, and what we should do to change it. Goodmark argues for an anti-essentialist system, which would define abuse and allocate power in a manner attentive to the experiences, goals, needs and priorities of individual women. Theoretically rich yet conversational, A Troubled Marriage imagines a legal system based on anti-essentialist principles and suggests ways to look beyond the system to help women find justice and economic stability, engage men in the struggle to end abuse, and develop community accountability for abuse.

Inherently Unequal: The Betrayal of Equal Rights by the Supreme Court, 1865-1903


Lawrence Goldstone - 2011
    In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accomodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to definite the Jim Crow era.

Clarence Darrow: Attorney for the Damned


John A. Farrell - 2011
    His days-long closing arguments delivered without notes won miraculous reprieves for men doomed to hang.   Darrow left a promising career as a railroad lawyer during the tumultuous Gilded Age in order to champion poor workers, blacks, and social and political outcasts against big business, Jim Crow, and corrupt officials. He became famous defending union leader Eugene Debs in the land­mark Pullman Strike case and went from one headline case to the next—until he was nearly crushed by an indictment for bribing a jury. He redeemed himself in Dayton, Tennessee, defending schoolteacher John Scopes in the “Monkey Trial,” cementing his place in history.   Now, John A. Farrell draws on previously unpublished correspondence and memoirs to offer a candid account of Darrow’s divorce, affairs, and disastrous finances; new details of his feud with his law partner, the famous poet Edgar Lee Masters; a shocking disclosure about one of his most controversial cases; and explosive revelations of shady tactics he used in his own trial for bribery.  Clarence Darrow is a sweeping, surprising portrait of a leg­endary legal mind.

Sovereignty or Submission: Will Americans Rule Themselves or be Ruled by Others?


John Fonte - 2011
    Transnational progressives and transnational pragmatists in the UN, EU, post-modern states of Europe, NGOs, corporations, prominent foundations, and most importantly, in America’s leading elites, seek to establish “global governance.” Further, they understand that in order to achieve global governance, American sovereignty must be subordinated to the “global rule of law.” The U.S. Constitution must incorporate “evolving norms of international law.” Sovereignty or Submission examines this process with crystalline clarity and alerts the American public to the danger ahead.Global governance seeks legitimacy not in democracy, but in a partisan interpretation of human rights. It would shift power from democracies (U.S., Israel, India) to post-democratic authorities, such as the judges of the International Criminal Court. Global governance is a new political form (a rival to liberal democracy), that is already a significant actor on the world stage. America faces serious challenges from radical Islam and a rising China. Simultaneously, it faces a third challenge (global governance) that is internal to the democratic world; is non-violent; but nonetheless threatens constitutional self-government. Although it seems unlikely that the utopian goals of the globalists could be fully achieved, if they continue to obtain a wide spread influence over mainstream elite opinion, they could disable and disarm democratic self-government at home and abroad. The result would be the slow suicide of American liberal democracy. Whichever side prevails, the existential conflict?global governance versus American sovereignty (and democratic self-government in general) will be at the heart of world politics as far as the eye can see.

The Last Murder: The Investigation, Prosecution, and Execution of Ted Bundy


George R. Dekle - 2011
    It provides an inside look at the intricacies and complications of this historic case that spanned many states and jurisdictions, documenting how unselfishness and dogged determination were key to solving the case.The story is told from the vantage point of one intimately involved in both the investigation and prosecution of the criminal, clearly showing how friction between agencies can impede the investigation and how cooperation can expedite a solution. The book emphasizes the important role played by circumstantial evidence and forensic science, explores the impact of pervasive publicity upon such an investigation, critiques the investigation and prosecution of Bundy, and offers suggestions on how, and how not to, deal with celebrity killers in the future.

Decolonising International Law: Development, Economic Growth and the Politics of Universality


Sundhya Pahuja - 2011
    Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

The Official LSAT PrepTest 63: (June 2011 LSAT)


Wendy Margolis - 2011
    Practice as if taking an actual test by following the test-taking instructions and timing yourself. In addition to actual LSAT questions, each PrepTest contains an answer key, writing sample, and score-conversion table.

M. P. Jain's Indian Constitutional Law


R. Pal - 2011
    

Every Canadian's Guide to the Law: Fourth Edition


Linda Silver Dranoff - 2011
    <em>Every Canadian&#8217;s Guide to the Law</em> unfolds in a clear, accessible &#8220;cradle-to-grave&#8221; format, addressing issues from fetal rights to human rights, from teen sexuality to marriage and divorce, from workplace issues to will and estate issues. Linda Silver Dranoff provides insight into the process of law and how it responds to changing social values, revealing how laws evolve over time and pointing to future trends.</p> <p>The new edition addresses important legal developments, including significant changes to family law -- from stricter rules against non-disclosure and non-payment to tough orders against parental alienation, from revised pension-sharing rules to the novelty of three or more support-paying parents for some children. This encyclopedic guide elucidates new rights for the self-employed, drastic changes to retirement rules, laws against identity theft, dramatic changes to criminal law sentencing and upgraded protections for children, and more. As the number of self-represented litigants continues to grow, the need for an easy-to-understand and comprehensive guide to Canadian law has never been greater.</p>

10 New Actual, Official LSAT PrepTests with Comparative Reading: (PrepTests 52-61)


Wendy Margolis - 2011
    Our new 10 Actual, Official LSAT PrepTests book is the first one ever to include previously administered Comparative Reading questions. This essential LSAT preparation tool encompasses PrepTest 52 (the September 2007 LSAT) through PrepTest 61 (the October 2010 LSAT).For pure practice at an unbelievable price, you can't beat the 10 Actual series. Each book includes: 10 previously administered LSATs, an answer key for each test, a writing sample for each test, and score-conversion tables.

Proportionality


Aharon Barak - 2011
    He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.

The 1987 Constitution of the Philippines


1987 Constitutional Commission - 2011
    Kindle version of the 1987 Constitution of the Republic of the Philippines

The Official LSAT PrepTest 64: (Oct. 2011 LSAT)


Wendy Margolis - 2011
    Practice as if taking an actual test by following the test-taking instructions and timing yourself. In addition to actual LSAT questions, each PrepTest contains an answer key, writing sample, and score-conversion table.

God is Just: A Defense of the Old Testament Civil Laws


Steve C. Halbrook - 2011
    It is, in short, theonomic apologetics. God is Just takes our culture and its attacks on the Bible to task. It defends biblical theocracy, justice, and slavery, and cuts humanistic opposition down to size by its own self-destructive foolishness, and, most importantly, by the sword of God’s word.In addition, the book includes appendices defending theonomy biblically and historically, as well as appendices refuting alternative political philosophies. God is Just includes contributions from two of the most prolific next-generation theonomic writers, Buddy Hanson and Daniel F. N. Ritchie. Hanson (of Grace and Law Resource Center) wrote the forward, and Ritchie (of Reformed Worldview Books) wrote an appendix. Additionally, the second edition includes a new appendix by Vindiciae Legis, who gives an excellent historical treatment of the theonomic views of the Westminster divines. Legis has previously written defenses of historical theonomy for Theonomy Resources.

50 Most Cited US Supreme Court Decisions (Constitutional Law Series)


United States Supreme Court - 2011
    They appear below in the order of popularity. The rankings are based on the number of times the decision is cited by scholarly publications. The book also contains a copy of the US Constitution, the Bill of Rights and all the Amendments to the Constitution. 1. Brown v. Board of Education 347 U.S. 483 2. Roe v. Wade 410 U.S. 113 3. Griswold et al. v. Connecticut 381 U.S. 479 4. Miranda v. Arizona 384 U.S. 436 5. New York Times Co. v. Sullivan 376 U.S. 254 6. Mapp v. Ohio 367 U.S. 643 7. Erie Railroad Co. v. Tompkins 304 U.S. 64 8. Gideon v. Wainwright 372 U.S. 335 9. Baker v. Carr 369 U.S. 186 10. Lochner v. New York 198 U.S. 45 11. Loving v. Virginia 388 U.S. 1 12. Plessy v. Ferguson 163 U.S. 537 13. Marbury v. Madison 5 U.S. 137 14. Meyer v. State of Nebraska 262 U.S. 390 15. Katz v. United States 389 U.S. 347 16. San Antonio Independent School District v. Rodriguez 411 U.S. 1 17. United States v. Carolene Products Co. 304 U.S. 144 18. Pierce v. Society of Sisters 268 U.S. 510 19. Shapiro v. Thompson 394 U.S. 618 20. Chevron U.S.A. v. Natural Resources Defense Council 467 U.S. 837 21. West Virginia State Board of Education v. Barnette 319 U.S. 624 22. Korematsu v. United States 323 U.S. 214 23. Wisconsin v. Yoder et al. 406 U.S. 205 24. Eisenstadt v. Baird 405 U.S. 438 25. Olmstead et al. v. United States 26. Buckley v. Valeo 424 U.S. 1 27. Terry v. Ohio 392 U.S. 1 28. Goldberg v. Kelly 397 U.S. 254 29. Skinner v. Oklahoma ex rel. Williamson 316 U.S. 535 30. Regents of the University of California v. Bakke 438 U.S. 265 31. In Re Gault 387 U.S. 1 32. Griggs v. Duke Power Co. 401 U.S. 424 33. International Shoe Co. v. State of Washington et al. 326 U.S. 310 34. Furman v. Georgia 408 U.S. 238 35. Sherbert v. Verner 374 U.S. 398 36. Bowers v. Hardwick 478 U.S. 186 37. Cantwell et al. v. Connecticut 310 U.S. 296 38. Shelley v. Kraemer 334 U.S. 1 39. In re Winship 397 U.S. 358 40. Reynolds, Judge, et al. v. Sims et al. 377 U.S. 533 41. Palko v. Connecticut 302 U.S. 319 42. Mathews v. Eldrige 424 U.S. 319 43. Roth v. United States 354 U.S. 476 44. Craig v. Borden 429 U.S. 190 45. Washington v. Davis 426 U.S. 229 46. United States v. O'Brien 391 U.S. 367 47. Everson v. Board of Education of the Township of Ewing 330 U.S. 1 48. Planned Parenthood v. Casey, Governor of Pennsylvania 505 U.S. 833 49. Yick Wo v. Hopkins, 118 U.S. 356 50. Lemon et al. v. Kurtzman 403 U.S. 602

Elbert Parr Tuttle: Chief Jurist of the Civil Rights Revolution


Anne Emanuel - 2011
    By the time Tuttle became chief judge of the United States Court of Appeals for the Fifth Circuit, he had already led an exceptional life. He had cofounded a prestigious law firm, earned a Purple Heart in the battle for Okinawa in World War II, and led Republican Party efforts in the early 1950s to establish a viable presence in the South. But it was the inter­section of Tuttle’s judicial career with the civil rights movement that thrust him onto history’s stage.When Tuttle assumed the mantle of chief judge in 1960, six years had passed since Brown v. Board of Education had been decided but little had changed for black southerners. In landmark cases relating to voter registration, school desegregation, access to public transportation, and other basic civil liberties, Tuttle’s determination to render justice and his swift, decisive rulings neutralized the delaying tactics of diehard segregationists—including voter registrars, school board members, and governors—who were determined to preserve Jim Crow laws throughout the South.Author Anne Emanuel maintains that without the support of the federal courts of the Fifth Circuit, the promise of Brown might have gone unrealized. Moreover, without the leadership of Elbert Tuttle and the moral authority he commanded, the courts of the Fifth Circuit might not have met the challenge.

Transnational Crime and the 21st Century: Criminal Enterprise, Corruption, and Opportunity


Jay S. Albanese - 2011
    In Transnational Crime and the 21st Century: Criminal Enterprise, Corruption, and Opportunity, noted criminologist Jay S. Albanese uses case studies, interviews, and themost up-to-date research to explore the connections between transnational crime and organized crime. A concise and affordable supplement for courses in comparative, international, and organized crime, this provocative text offers students a solid basis for understanding the nature of transnationalcrime.FEATURES* Uses clear, straightforward language, making the text accessible to students of all levels* Categorizes crimes by type (rather than by topic) in order to help students better grasp the interrelationships between transnational and organized crime* Examines the nine most serious forms of transnational crime: drug trafficking, stolen property, counterfeiting, human trafficking, fraud and cybercrime, commercialized sex, extortion and racketeering, money laundering, and corruption* Proposes concrete solutions for preventing organized crime syndicates and networks* Takes a systematic approach to risk assessment, delving into the factors that generate illicit markets and allow criminals to be successful

Principles of International Financial Law


Colin G. Bamford - 2011
    Rather than applying the rules found in a textbook they must start from the principles and build on these. This book gives students a clear understanding of these principles, providing valuable knowledge about the practice of international financial law as well as the concepts behind it.Globalization has had a huge impact on financial law transactions; future problems may occur or be litigated in foreign jurisdictions. As such it is crucial to understand concepts that are relevant to other jurisdictions, especially those that are not as significant to UK domestic law. Covering other common law centers including Hong Kong, Singapore and Sydney this book also looks at the distinction of legal concepts between civil and common law.Principles of International Financial Law provides students with a clear and authoritative understanding of the principles of the rules guiding this complex area of law. It allows students to understand the reasoning of court decisions and predict for themselves the future approach of courts, in cases where there are precedents in place as well as without.

Manhattan LSAT Logical Reasoning Strategy Guide


Manhattan LSAT - 2011
    Not only does it teach the essential strategies you’ll need to understand the question, but this guide also arms you with the skills needed to pick apart the answer choices. With tons of practice problems and drills, this book takes you from novice to master on one of the more subtle sections of the LSAT. Beginning with an approach to reading arguments and identifying answers, this book then breaks logical reasoning problems into different categories. Avoiding an unwieldy and ineffective focus on memorizing sub-categories and steps, this guide instead reveals what top-scorers actually do, encouraging a more streamlined approach that engages and improves your natural critical-thinking skills. Strategies and drills, along with full explanations for the practice sets (using real LSAT questions) take you deep into the logic and the thinking that is needed to master this section. The Manhattan LSAT Logical Reasoning Strategy Guide can serve as a stand-alone book or as part of a complete self-study program that includes the other Manhattan LSAT Strategy Guides, Online Class Recordings, and Practice Books. Special features include online access to additional practice problems.

Lives of the Law: Selected Essays and Speeches: 2000-2010


Tom Bingham - 2011
    Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing.Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally.Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.

Ashes and Sparks


Stephen Sedley - 2011
    Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally prompted it. Covering the history, engineering and architecture of the justice system, their common theme relates to the author's experiences as a barrister and judge, most notably in relation to the constitutional changes which have emerged in the last twenty years in the United Kingdom.

The Spirit Level: Why More Equal Societies Almost Always Do Better


Frederic P. Miller - 2011
    Wilkinson and Kate Pickett, published in 2009. This book is also published in the US by Bloomsbury Press (December, 2009) with new sub-title: "why greater equality makes societies stronger." It was then published in a paperback second edition in the UK in February 2010 with the different sub-title, "Why Equality is Better for Everyone," which included an Appendix of some of the statistical data which had previously only been available on the Equality Trust website. The book claims that there are "pernicious effects that inequality has on societies: eroding trust, increasing anxiety and illness, (and) encouraging excessive consumption." It claims that for each of eleven different health and social problems: physical health, mental health, drug abuse, education, imprisonment, obesity, social mobility, trust and community life, violence, teenage pregnancies, and child well-being, outcomes are substantially worse in more unequal rich countries.

Making Justice Our Business


Stephen B. Boyd - 2011
    Boyd tells the story of how one summer morning in 1985, an attractive, white newspaper editor named Deborah Sykes was raped, brutally stabbed, and murdered in a Southern town. A 911 caller gave a false name--Sammy Mitchell--and the investigation quickly focused on him and his friend, Darryl Hunt, a black nineteen-year-old orphan. Facing public pressure and having a history with Mitchell, a District Attorney won a conviction before an all-white jury, sending Hunt to prison for life. Convinced of his innocence, a handful of people led a community effort to free him that turned into a nineteen-year struggle with a few exhilarating highs, but more discouraging, depressing defeats against an intractable justice system. Their dogged determination led to an improbable series of events in 2003 that broke the case open. This is the story of an extraordinary man told by a white, uneasy participant who came late to the struggle but was transformed by the process. Endorsements: ""Stephen Boyd offers a moving account of the eighteen-year-longnightmare of Darryl Hunt. . . . In the faithful work of extraordinarily ordinaryMuslims, Jews, and Christians, we see the force of divine love that wouldn't quit, and we catch a clear vision of what it takes from all of us to create ahumane societywhere it is easier for us to truly love all our brothers and sisters."" --Sr. Helen Prejean author ofDead Man Walking "" . .. I suggest this book as an important read for every American citizen."" --Maya Angelou author ofI KnowWhy the Caged Bird Sings "" . . . Let this defining volume stand as witness to thefallacy that our justice system reigns supreme; rather, what does is the humanspirit that survives and is joined by others equally committed to telling thetruth. . . . I am left with an overwhelming sense of awe and gratitude forDarryl's spirit andProfessor Boyd's tenacity."" --asha bandele author ofThe Prisoner's Wife "" . . .MakingJustice Our Businessis equal parts ringing social critique and personal faithjourney. For Darryl and for all who continue to suffer unjustly, another necessaryblow against the prison industrial complex has been struck."" --Alton B. Pollard III Howard University School of Divinity About the Contributor(s): Stephen Boyd is the John Allen Easley Professor of Religion at Wake Forest University. He is the author of Pilgram Marpeck: His Life and Social Theology (1992) and The Men We Long to Be (1996)."

Law Street


Phil Wohl - 2011
    The forces of corporate excess and abuse of power are on grand display at one of the premier Wall Street law firms. The bar has has never been set so low in this racey late-night novel.

LL.M. Roadmap: An International Student's Guide to U.S. Law School Programs


George E. Edwards - 2011
    

Animals and the Law


Lesli Bisgould - 2011
    On the one hand, animals are things that we buy, eat, and use in experiments. On the other, they are beloved family companions. The book traces the history of laws dealing with animals, from the animal trials which began in the thirteenth century in Europe, through the development of anti-cruelty laws, to the present struggle to cope with the conflicting implications of biotechnology and other industrial uses for animals, and, indeed, artificially created living things. Throughout, the book critically evaluates the present legal status of animals and asks us to consider whether animals should be viewed as objects, as legal subjects, as legal persons, or as something else entirely.

Rethinking the Judicial Settlement of Reconstruction


Pamela Brandwein - 2011
    But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.

The Oxford Introductions to U.S. Law: Income Tax Law


Edward McCaffery - 2011
    Law: Income Tax Law, Edward McCaffery presents an accessible introduction to the major topics in the field of federal income taxation, such as income, deductions, and recognition of gains and losses. After discussing central rules and doctrines individually, Edward McCaffery offers a very sophisticated yet clear explanation of the interplay among them, carefully describing how they work together to carry out the policy goals of the U.S. tax system.Professor McCaffery describes, for example, how the current income tax in the United States has increasingly become a wage tax that favors those with capital rather than those whose money comes from labor. In explaining the consequences of tax policy on individuals, he also considers important possible alternatives for income taxation in the U.S.The Oxford Introductions to U.S. Law: Income Tax Law sets forth the 'who,' 'what,' 'when,' and 'why' of income tax law and describes the essential concepts of the field in a clear and concise manner that helps students and non-experts increase their understanding of the policies behind modern tax law and the ways in which these policies affect different types of individuals.

Law of Succession in South Africa


Christa Rautenbach - 2011
    The text will present an introductory, comprehensive overview of the field, and content will be structured to meet broad curriculum requirements.

Cheating The LSAT: The Fox Test Prep Guide to a Real LSAT, Volume 1


Nathan Fox - 2011
    Really.With his new book, Cheating the LSAT, Nathan Fox shows you how to make that statement a reality. In his down-to-earth, often irreverent style, he walks you through an actual LSAT, demystifying the confusing world of logic games, reading comprehension, and logical reasoning.Don't waste time studying old or made-up questions: Nathan calmly and clearly walks you through the actual October 2010 LSAT, breaking down the methods that help you see through the BS and nail every single question on the test, with approaches that carry through when you finally sit down for the big day. By using the strategies that have garnered rave reviews from his Fox Test Prep students in San Francisco, he'll show you how to save time on the LSAT so you can save your energy for the truly challenging questions.No nonsense. No made-up, trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. Plus, you'll also find out how you can contact Nathan personally and ask him your questions directly.So grab a pencil, pop this book open, and get it on.

The Politics of International Law


Martti Koskenniemi - 2011
    Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world?In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus


Brian McGinty - 2011
    This allowed army officers to arrest and indefinitely detain persons who were interfering with military operations in the area. When John Merryman, a wealthy Marylander suspected of burning bridges to prevent the passage of U.S. troops to Washington, was detained in Fort McHenry, the chief justice of the Supreme Court, Roger Taney, declared the suspension of habeas corpus unconstitutional and demanded Merryman's immediate release. Lincoln defied Taney's order, offering his own forceful counter-argument for the constitutionality of his actions. Thus the stage was set for one of the most dramatic personal and legal confrontations the country has ever witnessed.The Body of John Merryman is the first book-length examination of this much-misunderstood chapter in American history. Brian McGinty captures the tension and uncertainty that surrounded the early months of the Civil War, explaining how Lincoln's suspension of habeas corpus was first and foremost a military action that only subsequently became a crucial constitutional battle. McGinty's narrative brings to life the personalities that drove this uneasy standoff and expands our understanding of the war as a legal--and not just a military, political, and social--conflict. The Body of John Merryman is an extraordinarily readable book that illuminates the contours of one of the most significant cases in American legal history--a case that continues to resonate in our own time.

The Right to Privacy


Samuel D. Warren - 2011
    

Program of the PSL: Socialism and Liberation in the United States


Party for Socialism and Liberation - 2011
    Sections of the book assess the validity of Marxism and Leninism, the U.S. drive for global domination, the U.S. working class today and the need for a revolutionary party.

Evaluation for Child Custody


Geri S.W. Fuhrmann - 2011
    This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice forparticular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report andtestifying in court.Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations- Tips for best practice and cautions against common pitfalls- Highlighting of relevant case law and statutes- Separate list of assessment tools for easy reference- Helpful glossary of key terms for the particular topicIn making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.Child custody cases represent one of the most complex areas of forensic mental health assessment. The evaluations are highly specialized, requiring expertise in child development and psychopathology and a thorough understanding of the professional and ethical guidelines for child custodyevaluations. This volume, written by two child custody examiners with years of experience and an exceptional depth of understanding of the area, synthesizes the highest quality of work in the field to articulate the best practices for these evaluations based upon professional guidelines, law, andresearch.

Firing at Will: A Manager's Guide


Jay Sheperd - 2011
    Written by a leading employment lawyer in a refreshingly unlawyerly style, this guide takes the reader through the always-risky process of letting an employee go. Many employers and managers are afraid to pull the trigger when the employment relationship has broken down, and will postpone the decision by using progressive discipline and performance-improvement plans. However, an employer must be able to unload employees who threaten to undermine the company and its prospects, regardless of the risks involved in a termination. This book explains how to do it, how not to do it, and how to minimize the danger of an expensive employee lawsuit. No one said being an employer or a manager was easy. Fortunately, knowing how to fire employees will make your job much, much easier in the long run and save you heartache. Firing at Will teaches you what you need to know, without any legalese or boring recitations of statutes and case law. This book is filled with plain-English common sense, based on Jay Shepherd's 17 years of protecting employers in court. The style is conversational and often irreverent, but the lessons and tips are battle-tested. If you want to be a successful manager or employer--and sleep easier--you need to know how to fire at will.Gives employers and managers real-world advice on how to fire employees Teaches how to keep your company--and yourself--out of expensive employee lawsuits Guides you toward building a workplace where you'll need to fire fewer employees

Common Law, History, and Democracy in America, 1790-1900: Legal Thought Before Modernism


Kunal M. Parker - 2011
    Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

Insolence of Office: Socio-Politics, Socio-Economics and the American Republic


Ronald G. Wayne - 2011
    Through this analysis the reader is introduced to a complete, yet simplified understanding of the architecture of our Constitution, its foundations, principles, and the essential meaning of its structure all in the context of modern living. How did our modern system come into being? What were the forces that shaped it? What is it that every citizen should understand, before he enters the voting booth in the next election? What magical quality was built into our Constitutional Republic that has enabled it to endure for more than 230 years? How is the system now being threatened - and what can we do about? These are some of the questions put to reader - followed by some astounding answers, truths and realities that the average person has never considered before. The book concludes with an in-depth discussion of the origins, evolution and nature of money - with a detailed disclosure of how, over a span of decades, our sound and Constitutionally-mandated gold/silver-based currency was corrupted into worthless pieces of paper. More than that, this discussion details the effects of that monetary corruption on our governmental system - and how that corruption bares directly upon the personal lives of each of us.

How Leading Lawyers Think: Expert Insights Into Judgment And Advocacy


Randall Kiser - 2011
    These attorneys identify the key factors in case evaluation and share successful strategies.

Notes in Business Law (For Accountancy Students and CPA Reviewees)


Fidelito R. Soriano - 2011
    

You Be the Judge


H. Clark Adams - 2011
    Clark Adams welcomes you to the legal arena of small claims court. Here feuding former lovers, despondent homeowners, and singed shopkeepers bring their grievances against their erstwhile partners in love and business for a ruling that could end the troubled relationship and maybe even offer them material or monetary comfort.In a tone that's distinctly light-hearted, the retired deputy judge offers readers a fictionalized sampling of the cases presented at small claims court, and the chance for them to pit their best instincts and powers of judgment against his. Part I of the book is a collection of cases from the gripping to the ridiculous, whilePart II features Adams's decisions on the cases presented. If your view on these 60 cases differs from the learned judge, be warned: no appeal to his decision has ever been successful.

European Union Law


Koen Lenaerts - 2011
    Revision of the author's Constitutional law of the European Union.

Tranquil Prisons: Chemical Incarceration Under Community Treatment Orders


Erick Fabris - 2011
    This is based on the assumption that treatment is safe and effective, and that recovery depends on biological adjustment. Under new laws, patients can be required to remain on these medications after leaving hospitals. However, survivors attest that forced treatment used as a restraint can feel like torture, while the consequences of withdrawal can also be severe.A brave and innovative book, Tranquil Prisons is a rare academic study of psychiatric treatment written by a former mental patient. Erick Fabris's original, multidisciplinary research demonstrates how clients are pre-emptively put on chemical agents despite the possibility of alternatives. Because of this practice, patients often become dependent on psychiatric drugs that restrict movement and communication to incarcerate the body rather than heal it. Putting forth calls for professional accountability and more therapy choices for patients, Fabris's narrative is both accessible and eye-opening.

Dangerous Sex, Invisible Labor: Sex Work and the Law in India


Prabha Kotiswaran - 2011
    In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India.Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.

The Law of Contract in South Africa


Dale HutchisonHelena Janisch - 2011
    Designed to reflect the content of an undergraduate LLB course, the book provides thorough and informative coverage of all the important topics within the subject.The Law of Contract in South Africa includes several features to support student learning and to inspire independent, critical and reflective engagement with the subject. The book is also a useful resource for legal practitioners wishing to clarify new or foundational principles of the field.

Tory Pride and Prejudice: The Conservatives, Homosexuality and Tolerance


Michael McManus - 2011
    

Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics


Royal C Gardner - 2011
    After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them.Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of:the geographic scope and activities covered by the Clean Water Actthe curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agencythe goal of no net loss of wetlandsthe role of entrepreneurial wetland mitigation bankingthe tension between wetland mitigation bankers and in-lieu fee mitigation programswetland regulation and private property rights.The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

Examples & Explanations: International Law


Valerie Epps - 2011
    Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures

Partnership and Corporation Accounting and Their Legal Bases


Cecilia Hugo-Macapilit - 2011
    It is presented simply and comprehensibly and can be learned by the students with the least instructional guidance.

International Law in the U.S. Supreme Court


David L. Sloss - 2011
    Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law, and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century was a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

The Land Question in Classical Liberal Thought and the "Georgist" Contribution to Classical Liberalism: A Bibliography


Chris R. Tame - 2011
    It aims to provide a wide ranging guide to the George’s work, to that of Georgist writers in the English language (i.e., primarily American and British), to the “precursors” of Georgism, and to its principal critics. It also offers a selective listing of the competing Land Nationalisation school. In addition it provides an extensive listing of the broader literature on the land question, emanating from liberal, radical, conservative and socialist writers. The relatively small body of secondary scholarship regarding land issues is also featured.

The Prosecution and Defense of Public Corruption: The Law and Legal Strategies


Peter J. Henning - 2011
    legal market. This unique publication provides a thorough legal analysis of the disparate areas of the law that can be used to prosecute public officials at all levels of government. In The Prosecution and Defense of Public Corruption, authors Peter J. Henning and Lee J. Radek discuss how counsel can develop appropriate legal strategies for prosecuting and defending these cases. Many essential topics are addressed with the practitioner in mind, including: Evidence Gathering Issues; Privilege Issues; Issues at Trial; Sentencing Issues.

Narrating the Law: A Poetics of Talmudic Legal Stories


Barry Scott Wimpfheimer - 2011
    This animating impulse toward clarity is generally absent in narratives, the form of which is better able to capture the subtleties of lived life. Wimpfheimer proposes to make these different forms compatible by constructing a narrative-based law that considers law as one of several languages, along with politics, ethics, psychology, and others that together compose culture. A narrative-based law is capable of recognizing the limitations of theoretical statutes and the degree to which other cultural languages interact with legal discourse, complicating any attempts to actualize a hypothetical set of rules. This way of considering law strongly resists the divide in traditional Jewish learning between legal literature (Halakhah) and nonlegal literature (Aggadah) by suggesting the possibility of a discourse broad enough to capture both. Narrating the Law activates this mode of reading by looking at the Talmud's legal stories, a set of texts that sits uncomfortably on the divide between Halakhah and Aggadah. After noticing that such stories invite an expansive definition of law that includes other cultural voices, Narrating the Law also mines the stories for the rich descriptions of rabbinic culture that they encapsulate.

Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller


Kristen Rundle - 2011
    Much less accepted is his claim that a necessary connection between law and morality manifests in these principles, with the result that his jurisprudence largely continues to occupy a marginal place in the field of legal philosophy.In 'Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller', Kristen Rundle offers a close textual analysis of Fuller's published writings and working papers to explain how his claims about the internal morality of law belong to a wider exploration of the ways in which the distinctive form of law introduces meaningful limits to lawgiving power through its connection to human agency. By reading Fuller on his own terms, 'Forms Liberate' demonstrates why his challenge to a purely instrumental conception of law remains salient for twenty-first century legal scholarship.

A Legal Theory for Autonomous Artificial Agents


Samir Chopra - 2011
    . .  the book will appeal to legal academics and students, lawyers involved in e-commerce and cyberspace legal issues, technologists, moral philosophers, and intelligent lay readers interested in high tech issues, privacy, [and] robotics.” —Kevin Ashley, University of Pittsburgh School of LawAs corporations and government agencies replace human employees with online customer service and automated phone systems, we become accustomed to doing business with nonhuman agents. If artificial intelligence (AI) technology advances as today’s leading researchers predict, these agents may soon function with such limited human input that they appear to act independently. When they achieve that level of autonomy, what legal status should they have?Samir Chopra and Laurence F. White present a carefully reasoned discussion of how existing philosophy and legal theory can accommodate increasingly sophisticated AI technology. Arguing for the legal personhood of an artificial agent, the authors discuss what it means to say it has “knowledge” and the ability to make a decision. They consider key questions such as who must take responsibility for an agent’s actions, whom the agent serves, and whether it could face a conflict of interest.

A Guide to the United States Constitution


Erin Ackerman - 2011
    The authors also address a number of long-standing American political principles and practices that are not discussed in the Constitution, though many Americans think they are. A selection of related documents is included, as well as a list of recommended online resources for further reading and research. The Second Edition includes expanded headnotes, coverage of recent Supreme Court decisions, and other important updates.

Langston Hughes and American Lynching Culture


W. Jason Miller - 2011
    Yemisi Jimoh, University of Massachusetts, Amherst "A comprehensive study of the centrality of lynching to Hughes's artistic development, aesthetics, and activism. Scholars and general readers alike will find it a fascinating and indispensable addition to their understanding of the work of this brilliant poet."--Anne Rice, CUNY-Lehman College Langston Hughes never knew of an America where lynching was absent from the cultural landscape. Jason Miller investigates the nearly three dozen poems written by Hughes on the subject of lynching to explore its varying effects on survivors, victims, and accomplices as they resisted, accepted, and executed this brutal form of sadistic torture. Starting from Hughes's life as a teenager during the Red Summer of 1919 and moving through the civil rights movement that took place toward the end of Hughes's life, Miller initiates an important dialogue between America's neglected history of lynching and some of the world's most significant poems. This extended study of the centrality of these heinous acts to Hughes's artistic development, aesthetics, and activism represents a significant and long-overdue contribution to our understanding of the art and politics of Langston Hughes.

Code Wars: 10 Years of P2P Software Litigation


Rebecca Giblin - 2011
    With reference to US, UK, Canadian and Australian secondary liability regimes, this insightful book develops a compelling new theory to explain why a decade of ostensibly successful litigation failed to reduce the number, variety or availability of P2P file sharing applications - and highlights ways the law might need to change if it is to have any meaningful effect in the future.A genuine interdisciplinary study, spanning both the law and information technology fields, this book will appeal to intellectual property and technology academics and researchers internationally. Historians and sociologists studying this fascinating period, as well as undergraduate and graduate students who are working on research projects in related fields, will also find this book a stimulating read.Contents: Foreword by Jane C. Ginsburg 1. Introduction 2. Applying the Pre-P2P Law to Napster 3. Targeted Attacks on the US Secondary Liability Law 4. The Targeted Response 5. Post-Grokster Fallout 6. Goldilocks and the Three Laws: Why Rights Holders Would Never Have Sued a P2P Provider under UK or Canadian Law (and why the Australian law was just right) 7. The End of the Road for Kazaa 8. Endgame: More P2P Software Providers than Ever Before 9. Can the Secondary Liability Law Respond to Code's Revolutionary Nature? Bibliography Index

Infringement Nation: Copyright 2.0 and You


John Tehranian - 2011
    Organized aroundthe trope of the individual in five different copyright-related contexts - as an infringer, transformer, pure user, creator and reformer - the book charts the changing contours of our copyright regime and assesses its vitality in the digital age. In the process, Tehranian questions some of our mostbasic assumptions about copyright law by highlighting the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even theunauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants many creators, and the broader political import of copyright law on the exertion of social regulation and control.Drawing upon both theory and the author's own experiences representing clients in various high-profile copyright infringement suits, Tehranian supports his arguments with a rich array of diverse examples crossing various subject matters - from the unusual origins of Nirvana's Smells Like TeenSpirit, the question of numeracy among Amazonian hunter-gatherers, the history of stand-offs at papal nunciatures, and the tradition of judicial plagiarism to contemplations on Slash's criminal record, Barbie's retrouss� nose, the poisonous tomato, flag burning, music as a form of torture, thesmell of rotting film, William Shakespeare as a man of the people, Charles Dickens as a lobbyist, Ashley Wilkes's sexual orientation, Captain Kirk's reincarnation, and Holden Caulfield's maturation. In the end, Infringement Nation makes a sophisticated yet lucid case for reform of existing doctrineand the development of a copyright 2.0.

Intellectual Property Law: A Practical Guide to Copyrights, Patents, Trademarks and Trade Secrets


Victor D. Lopez - 2011
    and through international agreements. The main text provides a brief orientation on the relevant law and on the process and cost of applying for patents and trademarks through the U.S. Patent and Trademark Office and copyrights through the U.S. Copyright Office. In order to make this book as useful as possible as a one-stop reference resource, I have collected and included selective statutory materials, sample forms, and other useful resources in appendices to provide greater depth and context for the material presented in the main text. This book is intended as a general reference guide that will provide you with timely, useful information and direct you to additional sources of information both in its comprehensive appendices and online that are available free of charge from a variety of sources. It does not offer legal advice. Only an attorney can provide you with legal advice tailored to your specific needs, and neither this book nor any of the self-help guides or readily available document preparation services is a substitute for the advice of an experienced lawyer.For more information about the author and his published books, law-related textbooks, scholarly articles and blogs, you can visit: http://www.victordlopez.com.This book is available directly through CreateSpace at https://www.createspace.com/3646606 in a soft cover edition and at Amazon.com in both soft cover and Kindle editions.

The Cambridge Companion to Thomas More


George M. Logan - 2011
    Combining breadth of coverage with depth, the book opens with essays on More's family, early life and education, his literary humanism, virtuoso rhetoric, illustrious public career and ferocious opposition to emergent Protestantism, and his fall from power, incarceration, trial and execution. These chapters are followed by in-depth studies of five of More's major works Utopia, The History of King Richard the Third, A Dialogue Concerning Heresies, A Dialogue of Comfort against Tribulation and De Tristitia Christi and a final essay on the varied responses to the man and his writings in his own and subsequent centuries. The volume provides an accessible overview of this fascinating figure to students and other interested readers, whilst also presenting, and in many areas extending, the most important modern scholarship on him.

Feminist Legal History: Essays on Women and Law


Tracy A. Thomas - 2011
    At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment.Feminist Legal History represents feminist legal historians' efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton's notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti Volpp

Protecting Intellectual Freedom in Your Public Library


June Pinnell-Stephens - 2011
    Chock-full of case studies, real-life examples, and hypothetical scenarios, this book provides *An engaging way to introduce new employees to basic IF concepts *Practical advice on how to effectively handle intellectual freedom challenges *Numerous sidebars, written by IF expert Deborah Caldwell-Stone, detailing copyright laws, statutes, past court cases, and smaple policies *And much more

The Companion Text to Law School: Understanding and Surviving Life with a Law Student


Andrew J. McClurg - 2011
    Written by an award-winning professor with wide experience teaching thousands of law students at six law schools. Explains all the essentials of legal education, including the first-year curriculum, the Socratic Method of teaching, and the dreaded single-exam format. Explores the psyches of law students, including what they love to talk about, things you should never say to them, their sources of stress, and how law school can change their personalities. Addresses the impact of law school on outside relationships and vice versa and gives tips for navigating relationships with law students. ?Includes dozens of comments, anecdotes, and insights from real law students and their loved ones. Extras include a chapter on the types of jobs available to new law graduates, fun legal questions you can use to stump your student, a sample case, and a glossary. Backed up throughout by academic research. Written in a lively, reader-friendly voice, bolstered by humor.

A More Noble Cause: A. P. Tureaud and the Struggle for Civil Rights in Louisiana: A Personal Biography


Rachel L. Emanuel - 2011
    A More Noble Cause presents both the powerful story of one man's lifelong battle for racial justice and the very personal biography of a black professional and his family in the Jim Crow-era Louisiana.During a career that spanned more than forty years, A. P. Tureaud was at times the only regularly practicing black attorney in Louisiana. From his base in New Orleans, the civil rights pioneer fought successfully to obtain equal pay for Louisiana's black teachers, to desegregate public accommodations, schools, and buses, and for voting rights of qualified black residents.Tureaud's work, along with that of dozens of other African American lawyers, formed part of a larger legal battle that eventually overturned Plessy v. Ferguson, the 1896 U.S. Supreme Court decision that legalized racial segregation. This intimate account, based on more than twenty years of research into the attorney's astounding legal and civil rights career as well as his community work, offers the first full-length study of Tureaud. An active organizer of civic and voting leagues, a leader in the NAACP, a national advocate of the Knights of Peter Claver--a fraternal order of black Catholics--and a respected political power broker and social force as a Democrat and member of the Autocrat Club and Alpha Phi Alpha fraternity, Tureaud worked tirelessly within the state and for all those without equal rights.Both an engrossing story of a key legal, political, and community figure during Jim Crow-era Louisiana and a revealing look at his personal life during a tumultuous time in American history, A More Noble Cause provides insight into Tureaud's public struggles and personal triumphs, offering readers a candid account of a remarkable champion of racial equality.

Policing The Roman Empire: Soldiers, Administration, and Public Order


Christopher Fuhrmann - 2011
    Most recent scholarship has claimed that Roman society relied on kinship networks or community self-regulation as a means of conflict resolution and social control. Thismodel, according to Christopher Fuhrmann, fails to properly account for the imperial-era evidence, which argues in fact for an expansion of state-sponsored policing activities in the first three centuries of the Common Era. Drawing on a wide variety of source material--from art, archaeology, administrative documents, Egyptian papyri, laws, Jewish and Christian religious texts, and ancient narratives--Policing the Roman Empire provides a comprehensive overview of Roman imperial policing practices with chapters devoted to fugitive slave hunting, the pivotal role of Augustus, the expansionof policing under his successors, and communities lacking soldier-police that were forced to rely on self-help or civilian police.Rather than merely cataloguing references to police, this study sets policing in the broader context of Roman attitudes towards power, public order, and administration. Fuhrmann argues that a broad range of groups understood the potential value of police, from the emperors to the peasantry. Years ofdifferent police initiatives coalesced into an uneven patchwork of police institutions that were not always coordinated, effective, or upright. But the end result was a new means by which the Roman state--more ambitious than often supposed--could seek to control the lives of its subjects, as in theimperial persecutions of Christians.The first synoptic analysis of Roman policing in over a hundred years, and the first ever in English, Policing the Roman Empire will be of great interest to scholars and students of classics, history, law, and religion.

Probate Wars of the Rich and Famous: An Insider's Guide to Estate Planning and Probate Litigation


Russell J. Fishkind - 2011
    Probate Wars of the Rich & Famous: An Insider's Guide to Estate Planning and Probate Litigation tracks the estate litigation cases of Anna Nicole Smith, Brooke Astor, Michael Jackson, Nina Wang, Jerry Garcia and Leona Helmsley and identifies the five universal factors that caused such disputes. Each chapter provides estate planning insights designed to help individuals plan their estates without causing litigation. If, however, probate litigation cannot be avoided, the book also provides invaluable lessons about undue influence claims, how to remove a fiduciary, demanding an estate accounting and claims seeking to set aside lifetime transfers that undermined the decedents intentions. Few - if any - estate planning books utilize colorful celebrity accounts to provide meaningful insights and actionable advice.

Terrorism and Counterterrorism: Understanding the New Security Environment - Readings and Interpretations


Russell D. Howard - 2011
    Bruce Hoffman have collected original and previously published seminal articles and essays by political scientists, government officials, and members of the nation's armed forces. The editors and several of the authors write from practical field experience in the nation's war on terrorism. Others have had significant responsibility for planning government policy and responses. The contributors include a majority of the significant names in the field including John Arquilla, Richard Betts, Martha Crenshaw, Rohan Gunaratna, Richard Shultz, and Paul Pillar. Unit I of the book analyzes the philosophical, political, and religious roots of terrorist activities around the world and discusses the national, regional, and global effects of historical and recent acts of terrorism. In addition to material on the threats from suicide bombers, as well as chemical, biological, radiological, and nuclear weapons, there are also important contributions analyzing new and growing threats such as genomic terrorism. Unit II deals with past, present, and future national and international responses to--and defenses against--terrorism. Essays and articles in this section analyze and debate the practical, political, ethical, and moral questions raised by military and non-military responses (and pre-emptive actions) outside of the context of declared war. This section has expanded on the previous edition to include expanded strategic and tactical counterterrorism offerings and a final chapter devoted entirely to the post-bin Laden security environment.

The Image before the Weapon


Helen M. Kinsella - 2011
    The principle of distinction is invoked in contemporary conflicts as if there were an unmistakable and sure distinction to be made between combatant and civilian. As is so brutally evident in armed conflicts, it is precisely the distinction between civilian and combatant, upon which the protection of civilians is founded, cannot be taken as self-evident or stable. Helen M. Kinsella documents that the history of international humanitarian law itself admits the difficulty of such a distinction.In The Image Before the Weapon, Kinsella explores the evolution of the concept of the civilian and how it has been applied in warfare. A series of discourses--including gender, innocence, and civilization-- have shaped the legal, military, and historical understandings of the civilian and she documents how these discourses converge at particular junctures to demarcate the difference between civilian and combatant. Engaging with works on the law of war from the earliest thinkers in the Western tradition, including St. Thomas Aquinas and Christine de Pisan, to contemporary figures such as James Turner Johnson and Michael Walzer, Kinsella identifies the foundational ambiguities and inconsistencies in the principle of distinction, as well as the significant role played by Christian concepts of mercy and charity.She then turns to the definition and treatment of civilians in specific armed conflicts: the American Civil War and the U.S.-Indian Wars of the nineteenth century, and the civil wars of Guatemala and El Salvador in the 1980s. Finally, she analyzes the two modern treaties most influential for the principle of distinction: the 1949 IV Geneva Convention Relative to the Protection of Civilian Persons in Times of War and the 1977 Protocols Additional to the 1949 Conventions, which for the first time formally defined the civilian within international law. She shows how the experiences of the two world wars, but particularly World War II, and the Algerian war of independence affected these subsequent codifications of the laws of war.As recognition grows that compliance with the principle of distinction to limit violence against civilians depends on a firmer grasp of its legal, political, and historical evolution, The Image before the Weapon is a timely intervention in debates about how best to protect civilian populations.

Sex Panic and the Punitive State


Roger N. Lancaster - 2011
    Lancaster was startled by a report that a friend, a gay male school teacher, had been arrested for a sexually based crime. The resulting hysteria threatened to ruin the life of an innocent man. In this passionate and provocative book, Lancaster blends astute analysis, robust polemic, ethnography, and personal narrative to delve into the complicated relationship between sexuality and punishment in our society. Drawing on classical social science, critical legal studies, and queer theory, he tracks the rise of a modern suburban culture of fear and develops new insights into the punitive logic that has put down deep roots in everyday American life.

Intellectual Property


Dan Hunter - 2011
    Law: Intellectual Property, prominent intellectual property scholar Dan Hunter provides a precise, engaging overview and careful analysis of current laws of intellectual property and their history. Hunter first focuses on the central areas of intellectual property law, including copyright, patent, trademark, and trade secrets. He then explores the politics, economics, psychology and rhetoric of possession and control that influence and interact with this area of law. Hunter explains how intellectual property has contributed greatly to the innovations that we, as a society, need in our modern lives. He also describes ways in which the expansion of intellectual property can reduce innovation by stopping others from implementing great ideas or producing new work. Hunter helps readers think about modern intellectual property in a way that allows them to see how innovation and progress are linked to intellectual property law, and how small changes in the laws have had significant consequences for our society. Ultimately, Hunter helps readers form their own views about the various areas within the arena of intellectual property.

A Thousand Times More Fair: What Shakespeare's Plays Teach Us About Justice


Kenji Yoshino - 2011
    Celebrated law professor and author Kenji Yoshino delves into ten of the most important works of the Immortal Bard of Avon, offering prescient and thought-provoking discussions of lawyers, property rights, vengeance (legal and otherwise), and restitution that have tremendous significance to the defining events of our times—from the O.J. Simpson trial to Abu Ghraib. Anyone fascinated by important legal and social issues—as well as fans of Shakespeare-centered bestsellers like Will in the World—will find A Thousand Times More Fair an exceptionally rewarding reading experience.

The Mirror in the River


Dale Lovin - 2011
    When murdered bodies are discovered in a desolate mountain area, it becomes brutally apparent that the life of the missing woman is in peril. Under the weight of this realization, events spiral and, in a long-forgotten mountain canyon in the midst of a raging storm, Brad Walker faces a lonely confrontation with evil. This book offers an eye-to-eye look at the tragedy of human trafficking and the loss of human dignity that is its sad companion. The emotional burden of law enforcement officers who enter this world and a love story between a man and his wife lead the reader on a journey through some dark shadows of our modern world. Natural beauty and daunting weather of the Rocky Mountains become living characters as the story unfolds between Washington, DC and Colorado. DALE LOVIN was an FBI Agent for twenty-five years, specializing in investigations of violent crimes. In the wake of September 11, 2001, Congress mandated an enhanced Federal Air Marshal Service and he worked in the establishment of this agency. Dale lives in Colorado with his wife, has three children and is an avid fly-fisher.

Commentaries on American Law, Vol. 1


James Kent - 2011
    All footnotes are included and have been converted to chapter end notes. Spelling has been modernized.Part 1 - Of the Law of Nations; Part 2 - Of the Government and Constitutional Jurisprudence of the United States; Part 3 - Of the Various Sources of the Municipal Law of the Several States.Lect. 1: Of the Foundation and History of the Law of Nations; Lect. 2: Of the Rights and Duties of Nations in a State of Peace; Lect. 3: Of the Declaration, and Other Early Measures of a State of War; Lect. 4: Of the Various Kinds of Property Liable to Capture; Lect. 5: Of the Rights of Belligerent Nations in Relation to Each Other; Lect. 6: Of the General Rights and Duties of Neutral Nations; Lect. 7: Of Restrictions upon Neutral Trade; Lect. 8: Of Truces, Passports, and Treaties of Peace; Lect. 9: Of Offenses Against the Law of Nations; Lect. 10: Of the History of the American Union; Lect. 11: Of Congress; Lect. 12: Of Judicial Constructions of the Powers of Congress; Lect. 13: Of the President; Lect. 14: Of the Judiciary Department; Lect. 15: Of the Original and Appellate Jurisdiction of the Supreme Court; Lect. 16: Of the Jurisdiction of the Federal Courts in Respect to the Common Law, and in Respect to Parties; Lect. 17: Of the District and Territorial Courts of the United States; Lect. 18: Of the Concurrent Jurisdiction of the State Governments; Lect. 19: Of Constitutional Restrictions on the Powers of the Several States; Lect. 20: Of Statute Law; Lect. 21: Of Reports of Judicial Decisions; Lect. 22: Of the Principal Publications on the Common Law; Lect. 23: Of the Civil Law.

Civil Disobedience In Antiquity


David Daube - 2011
    In it Daube provides a synoptic view of nonviolent civil disobedience in the Ancient World. His learning lets him draw freely on Greek and Roman sources--theological, legal historical, literary, dramatic, and popular. From these he shows that there is hardly a variety of civil disobedience known today which is not anticipated in some form or another by the ancients. Is this book more than an entertaining exercise of scholarship? Professor Daube writes, "To speak through historical figures is sometimes wiser than to declare in one's own name. The word 'person' originally means a mask . . . Civil disobedience can at all times profitably avail itself of persons."

Austrian Law and Economics


Mario J. Rizzo - 2011
    The nineteenth century founders of the school believed that economics could contribute to understanding the spontaneous development of common law as well as the nature of legal rights. For this insightful research review Mario Rizzo has selected key papers from today's vibrant Austrian School, focusing on the study of property, market-chosen law, slippery-slope analysis, entrepreneurship, institutions, decentralized social knowledge, and the evolution of legal institutions.This title represents the cutting-edge Austrian contributions to economics and will be an essential reference source for both students and researchers.

Tax Arbitrage: The Trawling of the International Tax System


Nigel Feetham - 2011
    Press coverage has often shown little understanding of the distinction between tax avoidance and tax evasion, describing the legitimate behavior of taxpayer banks, financial institutions, and multinational businesses in emotive terms and often inaccurately. This book looks at tax arbitrage and demystifies its practice. In a world where tax competition, rather than tax harmonization, is the predominant norm, international tax arbitrage is a form of legitimate tax planning. The book starts with a review of some of the press coverage (including recent court cases) and examines campaigns by the Uncut pressure group. It considers the confusion over the boundary between 'legality' and 'morality,' and it covers the responses of tax authorities in major Western economies to calls for tax reform. It also considers the role of jurisdictional competition in tax avoidance arbitrage and the approach taken by a number of countries - such as the UK, Ireland, and Netherlands - to fiscal policy. A review of recent law reports - in the US, the UK, Italy, France, New Zealand, Australia, and South Africa - involving tax arbitrage helps to explain how it works, with detailed descriptions from court cases and flow charts of the structured finance arrangements. The appendices include an extract from the OECD Report Building Transparent Tax Compliance by Banks on international arbitrage financing transactions, and the UK's Code of Practice on Taxation for Banks with guidance notes.

What's Law Got to Do With It?: What Judges Do, Why They Do It, and What's at Stake


Charles Gardner Geyh - 2011
    Contributors to this book explore ways to reach greater accord on the complexity and nuance of judicial decisionmaking and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon.As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work.

Lawyers and Legal Culture in British North America: Beamish Murdoch of Halifax


Philip Girard - 2011
    Girard details how nineteenth-century British North American lawyers created a distinctive Canadian template for the profession by combining the strong collective governance of the English tradition with the high degree of creativity and client responsiveness characteristic of U.S. lawyers -- a mix that forms the basis of the legal profession in Canada today.Girard provides a unique window on the interconnections between lawyers' roles as community leaders and as legal professionals. Centred on one pre-Confederation lawyer whose career epitomizes the trends of his day, Beamish Murdoch (1800-1876), Lawyers and Legal Culture in British North America makes an important and compelling contribution to Canadian legal history.

Litigating Health Rights: Can Courts Bring More Justice to Health?


Alicia Ely YaminNamita Wahi - 2011
    This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes.The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly--and what the overall impacts on health equity are.

Law's Relations: A Relational Theory of Self, Autonomy, and Law


Jennifer Nedelsky - 2011
    The prevailing theory of liberal individualism characterizes autonomy as independence, yet from a social perspective, this conception is glaringly inadequate. In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others--with parents, teachers, employers, and the state. We should not therefore regard autonomy as merely a conceptual tool for assigning rights, but as a capacity that can be fostered or undermined throughout one's life through the relationships and the societal structures we inhabit. The political project thus should not only be to protect the individual from the state and keep the state out, but to use law to construct relations with the state that enhance autonomy. Law's Relations includes many concrete legal applications of her theory of relational autonomy, offering new insights into the debates over due process, judicial review, violence against women, and private versus public law

Sound Business: Newspapers, Radio, and the Politics of New Media


Michael Stamm - 2011
    Today digital media challenge the printed word. In the 1920s, broadcast radio was the threatening upstart. At the time, newspaper publishers of all sizes turned threat into opportunity by establishing their own stations. Many, such as the Chicago Tribune's WGN, are still in operation. By 1940 newspapers owned 30 percent of America's radio stations. This new type of enterprise, the multimedia corporation, troubled those who feared its power to control the flow of news and information. In Sound Business, historian Michael Stamm traces how these corporations and their critics reshaped the ways Americans received the news.Stamm is attuned to a neglected aspect of U.S. media history: the role newspaper owners played in communications from the dawn of radio to the rise of television. Drawing on a wide array of primary sources, he recounts the controversies surrounding joint newspaper and radio operations. These companies capitalized on synergies between print and broadcast production. As their advertising revenue grew, so did concern over their concentrated influence. Federal policymakers, especially during the New Deal, responded to widespread concerns about the consequences of media consolidation by seeking to limit and even ban cross ownership. The debates between corporations, policymakers, and critics over how to regulate these new kinds of media businesses ultimately structured the channels of information distribution in the United States and determined who would control the institutions undergirding American society and politics.Sound Business is a timely examination of the connections between media ownership, content, and distribution, one that both expands our understanding of mid-twentieth-century America and offers lessons for the digital age.

Media & Entertainment Law


Ursula Smartt - 2011
    Looking at key aspects such as TV and radio broadcasting, the print press, the music industry, online news and entertainment and social networking sites, this textbook provides students with detailed coverage of the key principles, cases and legislation as well as a critical analysis of regulatory bodies such as the Press Complaints Commission and OFCOM.Drawing on principles from public law, tort, contract law and human rights, Media and Entertainment Law explores all the central themes of the subject including privacy and confidentiality, contempt of court, defamation and intellectual property, as well as helping students to gain an awareness of ethical issues surrounding journalistic practice. Media and Entertainment Law is also the first book to discuss superinjunctions and the phone-hacking scandal involving News of the World.With integrated coverage of Scots and Northern Irish law, Media and Entertainment Law also highlights comparisons with similar overseas jurisdictions (such as US and European law) in order to help students demonstrate an awareness of media laws which may influence UK legislation.A companion website accompanies the book, offering a Flashcard Glossary of all the key terms in media and entertainment law, a list of links to useful websites and annual updates to the text.Mark Stephens CBE: "one of the most comprehensive and authoritative works on media and entertainment law, and is to be heartily commended."Joshua Rozenburg: "as long as we have media and entertainment, we shall need media and entertainment law."

Courts in Latin America


Gretchen Helmke - 2011
    Drawing on examples from Argentina, Brazil, Chile, Mexico, Colombia, Costa Rica, and Bolivia, the authors demonstrate that there is widespread variation in the performance of Latin America's constitutional courts. In accounting for this variation, the contributors push forward ongoing debates about what motivates judges; whether institutions, partisan politics, and public support shape interbranch relations; and the importance of judicial attitudes and legal culture. The authors deploy a range of methods, including qualitative case studies, paired country comparisons, statistical analysis, and game theory.

Anticipating the Wealth of Nations


Anders Chydenius - 2011
    Thematically they touch upon subject areas such as the freedom of trade and industry, emigration, the monetary system of the Swedish realm in the eighteenth century, the freedom of the press (or as Chydenius said: the freedom of writing and printing), the freedom of information, the rights of the rural working class and the freedom of religion. The book also includes a comprehensive biography of Chydenius written by Lars Magnusson together with commentaries and explanatory notes to each text.