Best of
Law

2012

Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America


Gilbert King - 2012
    Board of Education before the U.S. Supreme Court when he became embroiled in an explosive and deadly case that threatened to change the course of the civil rights movement and cost him his life.In 1949, Florida’s orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor. To maintain order and profits, they turned to Willis V. McCall, a violent sheriff who ruled Lake County with murderous resolve. When a white seventeen-year-old Groveland girl cried rape, McCall was fast on the trail of four young blacks who dared to envision a future for themselves beyond the citrus groves. By day’s end, the Ku Klux Klan had rolled into town, burning the homes of blacks to the ground and chasing hundreds into the swamps, hell-bent on lynching the young men who came to be known as “the Groveland Boys.”And so began the chain of events that would bring Thurgood Marshall, the man known as “Mr. Civil Rights,” into the deadly fray. Associates thought it was suicidal for him to wade into the “Florida Terror” at a time when he was irreplaceable to the burgeoning civil rights movement, but the lawyer would not shrink from the fight—not after the Klan had murdered one of Marshall’s NAACP associates involved with the case and Marshall had endured continual threats that he would be next.Drawing on a wealth of never-before-published material, including the FBI’s unredacted Groveland case files, as well as unprecedented access to the NAACP’s Legal Defense Fund files, King shines new light on this remarkable civil rights crusader, setting his rich and driving narrative against the heroic backdrop of a case that U.S. Supreme Court justice Robert Jackson decried as “one of the best examples of one of the worst menaces to American justice.”

NANI PALKHIVALA - THE COURTROOM GENIUS


Soli J. Sorabjee - 2012
    After a brilliant academic career, he quickly became one of India's most sought after lawyers and remained at center stage for five decades. Famous for his phenomenal power of concentration and persuasive advocacy, he was a supremely successful lawyer. Early in his career, he authored one of the finest commentaries on the law and practice of income tax. His reputation as a constitutional lawyer is deservedly formidable. Between 1965 and 1995, he argued nearly all important constitutional law cases before the Supreme Court of India: Golak Nath, Bank Nationalization, Privy Purses, Kesavananda Bharati, St. Xavier's, Mandal Commission and the Election Commission matter. Palkhivala also represented India in three major international disputes. A man of many parts and strong opinions, he gave critical lectures on the annual budget, which attracted audiences in excess of 1,00,000. Amazingly, he never referred to a single note. An extraordinary human being, he gave generously, but quietly, to charitable causes.This book chronicles Palkhivala's journey as a lawyer and discusses the important cases in which he appeared and that changed the destiny of the country. The book provides a rare insight into his working methods and style of advocacy. No student of law, no lawyer, no chartered accountant, no member of the judiciary and no well-informed citizen can afford to miss reading this book.

The Revised Penal Code: Criminal Law Book Two


Luis B. Reyes - 2012
    

The U.S. Constitution: A Reader


Hillsdale College Politics Faculty - 2012
    Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.

Anatomy of Injustice: A Murder Case Gone Wrong


Raymond Bonner - 2012
    Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. After attending the University of Texas School of Law, Holt was eager to help the disenfranchised and voiceless; she herself had been a childhood victim of abuse. It required little scrutiny for Holt to discern that Elmore’s case—plagued by incompetent court-appointed defense attorneys, a virulent prosecution, and both misplaced and contaminated evidence—reeked of injustice. It was the cause of a lifetime for the spirited, hardworking lawyer. Holt would spend more than a decade fighting on Elmore’s behalf. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt’s battle to save Elmore’s life and shows us how his case is a textbook example of what can go wrong in the American justice system. He reviews police work, evidence gathering, jury selection, work of court-appointed lawyers, latitude of judges, iniquities in the law, prison informants, and the appeals process. Throughout, the actions and motivations of both unlikely heroes and shameful villains in our justice system are vividly revealed.             Moving, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation’s ongoing, increasingly important debate about inequality and the death penalty.From the Hardcover edition.

Injustice: Life and Death in the Courtrooms of America


Clive Stafford Smith - 2012
    This remarkable book reads like a page-turning detective story, with one crucial difference: can we be sure that justice wll be served at the end?In 1986, Kris Maharaj, a British businesman living in Miami, was arrested for the brutal murder of two ex-business associates. His lawyer did not present a strong alibi; Kris was found guilty and sentenced to death in the electric chair.It wasn't until a young lawyer working for nothing, Clive Stafford Smith, took on his case that strong evidence began to emerge that the state of Florida had got the wrong man. So far, so good - except that, as Stafford Smith argues here so compellingly, the American justice system is actually designed to ignore innocence. Twenty-six years later, Maharaj is still in jail.Step by step, Stafford Smith untangles the Maharaj case and the system that makes disasters like this inveitable. His conclusions will act as a wake-up call for those who condone legislaion which threatens basic human rights and, at the same time, the personal story he tells demonstrates that determination can challenge the institutions that surreptitously threaten our freedom.

Unlearning Liberty: Campus Censorship and the End of American Debate


Greg Lukianoff - 2012
    Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach its students to become critical thinkers by supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues.Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a t-shirt, and students across the country banished to tiny “free speech zones.” But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, and Larry Summers, along with campus uproars in which Dave Barry and Jon Stewart's The Daily Show played a role, Lukianoff paints a stark picture of our ability as a nation to rationally discuss important issues. Unlearning Liberty: Campus Censorship and the End of American Debate reveals how the intolerance for dissent and debate on today’s campus threatens the freedom of every citizen—and makes us all just a little bit dumber.

Reading Law: The Interpretation of Legal Texts


Antonin Scalia - 2012
    Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Introducing the LSAT: The Fox Test Prep Quick & Dirty LSAT Primer


Nathan Fox - 2012
    This might not be the only LSAT book you read, but it should definitely be the first. In his down-to-earth, often irreverent style, Nathan demystifies the confusing world of logic games, logical reasoning, and reading comprehension. In no time, you'll start to see through the BS and dominate the test. The approaches are easy to digest, and will stick with you when you finally sit down for the big day. 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 directly with your questions. So grab a pencil and crack this book. Let's get it on.

Koren Talmud Bavli - Berakhot


Adin Even-Israel Steinsaltz - 2012
    The Koren Talmud Bavli Standard Edition is a full-size, full-color edition that presents an enhanced Vilna page, a side-by-side English translation, photographs and illustrations, a brilliant commentary, and a multitude of learning aids to help the beginning and advanced student alike actively participate in the dynamic process of Talmud study.

A Higher Duty


Peter Murphy - 2012
    Underneath a profession which proudly flaunts its integrity and traditions lies a world of hypocrisy and ruthless self-interest. When scandal threatens, self-preservation is the only goal and no one is indispensable. Ben Schroeder, a talented young man from an East End Jewish family, has been accepted as a pupil into the Chambers of Bernard Wesley QC. But Schroeder is an outsider, not part of this privileged society, where wealth and an Oxbridge education are essentials. He encounters prejudice, intrigue and scandal. Kenneth Gaskell, a rising star of Wesley's Chambers has become involved in an affair with a high-profile client and the relationship, if known, could ruin his career, and the careers of all those around him. But Bernard Wesley has some information - he knows about a student prank that went terribly wrong - but can he use this knowledge in a desperate gamble to save his Chambers and turn the tables on his old rival, Miles Overton QC?

A Cry for Justice: How the Evil of Domestic Abuse Hides in Your Church!


Jeff Crippen - 2012
    But it is a very real problem that must be brought into the light of Scripture. Abuse in the church takes different forms, but it is alive and active even in "nice" families in our churches. Typically, the abuser is male, usually a husband and his character is that of a manipulating deceiver! Countless women and children even many faithful pastors have been abused by these deceivers. Have you, or someone you know, been a victim? Has an abuser: Threatened physical violence if he does not get away? Intimidated you with abusive language? Denied you affection? Denied you medical attention? Manipulated friends and acquaintances in order to gain allies? Pastor Jeff Crippen uses his over thirty years of experience to rip the lid off this most insidious behavior that is often hidden in plain sight. He not only maintains that Bible believing churches have ignored or failed to face the problem, he insists that when they do counsel a victim of abuse, they get it all wrong! The result is that the victim gets pulled into deeper-even life threatening-danger! This book will come as a life-saver in a raging sea for those under the thumb of an abusive spouse of "friend." The Lord Jesus Christ wants you to be free in him: spiritually, emotionally, and, yes, physically. Every pastor also needs to read this book, either because they too have been a victim, but, more importantly, so that they properly counsel those caught in a cycle of abuse."

The Magdeburg Confession: 13th of April 1550 AD


Pastors of Magdeburg - 2012
    The translation work was done from a 1550 Latin original of the Confession. The Magdeburg Confession is the first known document in the history of man to formally set forth the Doctrine of the Lesser Magistrate. The Lesser Magistrate Doctrine teaches that when a superior authority makes unjust laws or decrees, the lesser authority has a God-given right and duty to resist those unjust laws or decrees. In 1548, Charles V imposed his infamous Augsburg Interim which was an attempt to smash the Protestant Reformation. While all of Protestant Germany conformed to his decree, one city decided to take a stand and resist his authority – the city of Magdeburg. The pastors of Magdeburg issued their Confession and Defense of the Pastors and Other Ministers of the Church of Magdeburg on April 13, 1550 AD. Five months after issuing their Confession, Charles V’s forces marched on Magdeburg. What the pastors of Magdeburg wrote in the Confession significantly impacted men like John Knox, Theodore Beza and Phillip Mornay. The repercussions of the Confession were felt throughout Western Civilization all the way to the founding of America as a nation. For over 460 years, the Confession has existed only in Latin and German. Now English-speaking people can read it for themselves. This is the first English translation of The Magdeburg Confession ever written. Dr. Matthew Colvin holds a Ph.D. in Latin and Greek Literature from Cornell University.

The Prosperity Secret


Markus Rothkranz - 2012
    Prosperity is your birthright. You are not supposed to be unhappy and struggling. One of the biggest mistakes people make is they go after money and end up being slaves to it, doing things they don't enjoy. Money is not a goal, but just a side effect of doing what you enjoy and are good at. Yet most people don't have the courage to follow their inner voice. This book is designed to give you that strength. Your time has come.Almost all rich people have the same things in common. This book outlines those traits in an easy to understand everyday language that can change your life right now, today. Don't wait one more minute to be where you should be. Stop waiting for others to help you. The only one who will set you free is YOU."Rich" does not just mean money, it means the freedom to be yourself and truly live your dreams. This book will blow away all your misconceptions on wealth. It has nothing to do with talent, skill, luck, who you know, or even the economy. The richest people in the world become rich during hard times and they are no smarter or better than you. They simply think differently, and once you learn how to see the world through their eyes, you will be one of them. Simply saying positive affirmations isn't going to do much- you have to take action and here are the exact steps given to you by actual millionaires.If you are not where you want to be in life, then you MUST read this book! What you hold in your hands has the power to change your life forever.Author Markus Rothkranz went from zero to getting 2.5 million dollars to live his dream of making a motion picture in less time than it will take you to read this book. You have the same power right now. His world-renowned book "Heal Yourself 101" explains how the answer to any health problem is almost always simple, because the truth is simple. The same goes for wealth and prosperity. The reason most people aren't healthy is the same reason most people aren't wealthy. And the answer is simpler than you can imagine.This book will literally walk you through a complete reprogramming of how your think. You were given your dreams for a reason- to help others... and to do that, you need money. The world needs you. It is your duty to be wealthy and prosperous so the great healing can take place. Get it out of your head once and for all that money is bad. You are not supposed to go after money- it is supposed to come to you!Your life is about to change. Forever.

The Illustrated Guide to Criminal Law


Nathaniel Burney - 2012
    Otherwise it’s entrapment, right?”Wrong. That’s just one of many popular myths about criminal law that get repeated on street corners, in locker rooms, and on websites every day—all of them wrong.Based on his popular Illustrated Guide to Criminal Law webcomic series, Nathaniel Burney debunks all of those myths and teaches everything you never learned about the law. Not just what the law is, but why it’s like that and how it works.Collected here in the first printed volume, The Illustrated Guide to Criminal Law is a complete law school course that keeps the “laughter” in “manslaughter.” As you read, you start from the absolute basics (“What is crime?”) and are soon deep in complex concepts like conspiracy, self-defense and, yes, entrapment—all explained with humor, wit, and passion.

Schechter's A Short and Happy Guide to Torts


Roger E. Schechter - 2012
    His comprehensive survey includes not only thorough coverage of core topics such as negligence and strict products liability, but provides an overview of the economic and dignitary torts, damages issues, and vicarious liability as well. As the series title promises, the author has kept it short, and the book will make students happy.

Privacy, Property, and Free Speech: Law and the Constitution


Jeffrey Rosen - 2012
    For instance, it's not hard to envision a day when websites such as Facebook or Google Maps introduce a feature that allows real-time tracking of anyone you want, based on face-recognition software and ubiquitous live video feeds.Does this scenario sound like an unconstitutional invasion of privacy? These 24 eye-opening lectures immerse you in the Constitution, the courts, and the post-9/11 Internet era that the designers of our legal system could scarcely have imagined. Professor Rosen explains the most pressing legal issues of the modern day and asks how the framers of the U.S. Constitution and the Bill of Rights would have reacted to aspects of the modern life such as full-body scans, cell phone surveillance, and privacy in cloud servers.Called "the nation's most widely read and influential legal commentator" by the Los Angeles Times, Professor Rosen is renowned for his ability to bring legal issues alive - to put real faces and human drama behind the technical issues that cloud many legal discussions. Here he asks how you would decide particular cases about liberty and privacy. You'll come away with a more informed opinion about whether modern life gives even the most innocent among us reason to worry.

Authoritarian Rule of Law


Jothie Rajah - 2012
    Convinced that free markets and rule of law must tip authoritarian societies in a liberal direction, nearly all studies of law and contemporary politics have neglected that improbable coupling: authoritarian rule of law. Through a focus on Singapore, this book presents an analysis of authoritarian legalism. It shows how prosperity, public discourse, and a rigorous observance of legal procedure have enabled a reconfigured rule of law such that liberal form encases illiberal content. Institutions and process at the bedrock of rule of law and liberal democracy become tools to constrain dissent while augmenting discretionary political power - even as the national and international legitimacy of the state is secured. With China seeing lessons to be learned in Singapore, as do any number of regimes looking to replicate Singapore's pairing of prosperity and social control, this book offers a valuable and original contribution to understanding the complexities of law, language, and legitimacy in our time.

America's Unwritten Constitution: The Precedents and Principles We Live By


Akhil Reed Amar - 2012
    The document makes no explicit mention of cherished concepts like the separation of powers and the rule of law. On some issues, the plain meaning of the text misleads. For example, the text seems to say that the vice president presides over his own impeachment trial—but surely this cannot be right. As esteemed legal scholar Akhil Reed Amar explains in America's Unwritten Constitution, the solution to many constitutional puzzles lies not solely within the written document, but beyond it—in the vast trove of values, precedents, and practices that complement and complete the terse text.In this sequel to America's Constitution: A Biography, Amar takes readers on a tour of our nation's unwritten Constitution, showing how America's foundational document cannot be understood in textual isolation. Proper constitutional interpretation depends on a variety of factors, such as the precedents set by early presidents and Congresses; common practices of modern American citizens; venerable judicial decisions; and particularly privileged sources of inspiration and guidance, including the Federalist papers, William Blackstone's Commentaries on the Laws of England, the Northwest Ordinance of 1787, Lincoln's Gettysburg Address, and Martin Luther King, Jr.'s “I Have a Dream” speech. These diverse supplements are indispensible instruments for making sense of the written Constitution. When used correctly, these extra-textual aids support and enrich the written document without supplanting it.An authoritative work by one of America's preeminent legal scholars, America's Unwritten Constitution presents a bold new vision of the American constitutional system, showing how the complementary relationship between the Constitution's written and unwritten components is one of America's greatest and most enduring strengths.

Supreme Court Decisions


Richard Beeman - 2012
    Series editor Richard Beeman, author of The Penguin Guide to the U.S. Constitution, draws together the great texts of American civic life, including the founding documents, pivotal historical speeches, and important Supreme Court decisions, to create a timely and informative mini-library of perennially vital issues.The Supreme Court is one of America's leading expositors of and participants in debates about American values. Legal expert Jay M. Feinman introduces and selects some of the most important Supreme Court Decisions of all time, which touch on the very foundations of American society. These cases cover a vast array of issues, from the powers of government and freedom of speech to freedom of religion and civil liberties. Feinman offers commentary on each case and excerpts from the opinions of the Justices that show the range of debate in the Supreme Court and its importance to civil society. Among the cases included will be Marbury v. Madison, on the supremacy of the Constitution and the power of judicial review; U.S. v. Nixon, on separation of powers; and Hamdi v. Rumsfeld, a post-9/11 case on presidential power and due process.

Force Decisions: A Citizen's Guide


Rory Miller - 2012
    Any civilian, law enforcement officer, or martial artist interested in self-defense, or anyone wanting to understand the duties and responsibilities of civilians and police needs to read this book.

Winning at Deposition: (Winner of Aclea's Highest Award for Professional Excellence)


D. Shane Read - 2012
    The book won first prize from a field of over 300 entries submitted by continuing legal education publishers from across the USA. Written by the best-selling author of Winning at Trial, this book shows beginning and experienced attorneys how to win at deposition every time. With the first chapter explaining all the ins and outs of taking and defending a deposition, the remainder of the book reveals strategies that will help every lawyer vastly improve his deposition skills. Discover why much of the conventional wisdom about depositions is completely wrong, learn how to beat an expert witness every time, get innovative advice on witness preparation, and master the secrets that guarantee success with argumentative lawyers and lying witnesses. Unlike any other book, this one teaches from transcripts and videos of actual depositions. You will learn from the skillful techniques---and memorable failures---that occurred at the most famous depositions of all time, those of President Bill Clinton, Bill Gates, and O.J. Simpson. It's all here, clearly explained in an easy-to-understand format. In addition, the book provides detailed analysis of video depositions located at the book's website www.winningatdeposition.com.

Supreme Court Decisions: 20 Landmark Cases Summarized and Explained


U.S. Department of State - 2012
    Department of State publication “Basic Readings in U.S. Democracy.” Learn about eighteen landmark Supreme Court cases, including Marbury v. Madison, Dred Scott v. Sandford, Plessy v. Ferguson, Brown v. Board of Education, and University of California v. Bakke.CONTENTSMarbury v. Madison (1803)McCulloch v. Maryland (1819)Dred Scott v. Sandford (1857)Yick Wo v. Hopkins (1886)Plessy v. Ferguson (1896)Muller v. Oregon (1908)Abrams v. United States (1919)Whitney v. California (1927)Near v. Minnesota (1931)West Virginia Board of Education v. Barnette (1943)Korematsu v. United States (1944)Youngstown Sheet & Tube Co. v. Sawyer (1952)Brown v. Board of Education (1954)Cooper v. Aaron (1958)Engel v. Vitale (1962)Gideon v. Wainwright (1963)Reynolds v. Sims (1964)New York Times Co. v. United States (1971)United States v. Nixon (1974)Regents of the University of California v. Bakke (1978)Sample passage:There is no question that the ruling in “Brown v. Board of Education,” which struck down racially enforced school segregation, is one of the most important in American history. No nation committed to democracy could hope to achieve those ideals while keeping people of color in a legally imposed position of inferiority. But the decision also raised a number of questions about the authority of the Court and whether this opinion represents a judicial activism that, despite its inherently moral and democratic ruling, is nonetheless an abuse of judicial authority.… But J. Harvie Wilkinson, who is now a federal circuit court judge, dismisses much of this criticism when he reminds us that “Brown” “was humane, among the most humane moments in all our history. It was…a great political achievement, both in its uniting of the Court and in the steady way it addressed the nation.” With this decision, the nation picked up where it had left the cause of equal protection more than eighty years earlier, and began its efforts to integrate fully the black minority into full partnership in the American polity.

The Corruption Chronicles: Obama's Big Secrecy, Big Corruption, and Big Government


Tom Fitton - 2012
    president; it was the very cornerstone of his campaign. No secrets. No masks. No smoke and mirrors. No excuses. But over the next four years, President Obama’s administration would prove to be one of the most guarded and duplicitous of our time. Tom Fitton of Judicial Watch, America’s largest nonpartisan government watchdog (challenging George W. Bush as well as Bill Clinton), has been investigating Obama ever since he splashed onto the national scene in 2006. Now Fitton exposes devastating secrets the Obama administration has desperately fought—even in court—to keep from the American public. For a while, the Obama stonewall seemed to be holding. Until now. And the revelations are astonishing. Judicial Watch has unearthed the truth behind such high-profile issues as the bailouts, Obamacare, Guantanamo, Obama’s true ties to Bill Ayers and to the Black Panthers voting intimidation scandal, and the Constitution-defying government czars. He reveals Obama’s personal war against FOX News, his real link to ACORN, and his radical Chicago connections. Through scores of smoking-gun government files, some replicated here and many unearthed after lengthy court battles, Fitton also discloses the facts of the Obama-backed $535-million loan guarantee to Solyndra, promoted by the president as a model for economic recovery—only months before its disastrous bankruptcy filing. Here too is the truth behind the gunrunning scandal, code-named Fast and Furious, which was a program generated in secrecy by the U.S. government that supplied thousands of firearms to murderous criminals in Mexico—an unconscionable act, and only one in a series of historical lows for an administration that few, if any, major media in this country dare to expose. This book details how the Obama machine is aggressively employing Chicago-style tactics to steal, if necessary, the 2012 elections. And how Judicial Watch is prepared to go to court with historic lawsuits to make sure the elections are fair and honest. Why do Obama supporters turn a blind eye to his astoundingly unethical and abusive approach to governing this country? The Corruption Chronicles boldly, honestly, and factually makes the case that the federal government is now off the rails and out of control, and has literally built its foundation on broken promises, fatal miscalculations, and a cynical manipulation of its trusting public. But it’s not over. Tom Fitton and Judicial Watch are proof that the Tea Party approach to government corruption can make a difference. A grassroots group can take on the president, the Congress, and the judiciary, and finally force the government to be held accountable. The uncontestable facts are here, in The Corruption Chronicles. To see what is true, you only have to look.  THE FULLY DOCUMENTED FACTS BEHIND: • The Solyndra Debacle • Obama’s Watergate: Operation Fast and Furious • The Obama Administration’s $20 Billion Government Extortion Scheme • The Unprecedented Threat to the Integrity of the 2012 Elections • The Czar Investigation Stonewall • The Undermining of Our Nation’s Immigration Laws • 9/11 Secrets

Law School Exams: A Guide to Better Grades


Alex Schimel - 2012
    This book offers a concise and practical strategy that can be applied to almost any law school exam, regardless of topic or level. Alex Schimel is a Lecturer-in-Law at the University of Miami and a leading expert on law school academic success. The new edition offers unique insights by reducing the exam format to a series of repeatable steps. It also teaches students how to “prepare for exams, instead of preparing for class,” with proven time-management and outlining techniques.

Labor Standards Law with Notes and Comments


Dean Salvador A. Poquiz - 2012
    

Intellectual Property


Alexandre Montagu - 2012
    In a monumental verdict, a jury recently awarded Apple $1.05 billion dollars in damages, determining that Samsung copied the technology used on the iPhone and iPad. Christian Louboutin did not make out as well in its case against Yves St. Laurent. Despite having applied for a trademark for their brand-defining red-soled shoes, the court found that Louboutin could not impede the creativity of other designers and granted Yves St. Laurent the right to copy the well-known fashion statement. From smart phones to high heels, song lyrics to Spider-Man, possessing copyrights, patents and trademarks is the first line of self-defense, as well as highly lucrative. In INTELLECTUAL PROPERTY: Money and Power in a New Era (Thomson Reuters, September 2012) attorney Alexandre Montagu explores the pitfalls of being caught unaware of Intellectual Property law. Montagu’s clients include Fortune 500 companies and his practice encompasses a broad variety of industries such as culinary, financial services, entertainment, publishing, and cosmetics. “Whether it’s the trade secrets of a hedge fund’s algorithms, the copyrights or patents underlying the smart phone, the trademarks that protect well-known brands, intellectual property bastes the modern economy,” he says. Through fascinating anecdotes and compelling court cases, Montagu brings home just how important legal literacy can be for your business—think how different social media would be if the Winklevoss brothers had a written agreement with Mark Zuckerburg.INTELLECTUAL PROPERTY fascinates with cases pulled from the evening news. Montagu provides inside access to The Da Vinci Code lawsuit when an author sued publisher Random House for stealing his previously published plot for the best-selling novel. Montagu explains why the case was dismissed, even though there are blatant similarities between the two books. Compelling stories and legal insight make this book essential for songwriters, CEOs, Web designers, inventors, restaurateurs, and anyone who’s ever signed a legal document without reading all of the fine print.

A Short and Happy Guide to Contracts


David G. Epstein - 2012
    

Politics, Law, and Community in Islamic Thought: The Taymiyyan Moment


Ovamir Anjum - 2012
    The standard accounts of Sunni political history typically end with the classical period and thereby leave out Ibn Taymiyya's contribution. This original study demonstrates how his influence shed new light on the entire trajectory of Islamic political thought. Although he did not reject the Caliphate ideal, as is commonly believed, he nevertheless radically redefined it by turning it into a rational political institution intended to serve the community (umma). Through creative reinterpretation, he deployed the Qur'anic concept of fitra (divinely endowed human nature) to center the community of believers and its common-sense reading of revelation as the highest epistemic authority. In this way, he subverted the elitism that had become ensconced in classical theological, legal, and spiritual doctrines, and tried to revive the ethico-political, rather than strictly legal, dimension of Islam. In its reassessment of Ibn Taymiyya's work, this book marks a major departure from traditional interpretations of medieval Islamic thought.

Young Thurgood: The Making of a Supreme Court Justice


Larry S. Gibson - 2012
    He transformed the nation's legal landscape by challenging the racial segregation that had relegated millions to second-class citizenship. He won twenty-nine of thirty-three cases before the United States Supreme Court, was a federal appeals court judge, served as the US solicitor general, and, for twenty-four years, sat on the Supreme Court. Marshall is best known for achievements after he relocated to New York in 1936 to work for the NAACP. But Marshall's personality, attitudes, priorities, and work habits had crystallized during earlier years in Maryland. This work is the first close examination of the formative period in Marshall's life. As the authorn shows, Thurgood Marshall was a fascinating man of contrasts. He fought for racial justice without becoming a racist. Simultaneously idealistic and pragmatic, Marshall was a passionate advocate, yet he maintained friendly relationships with his opponents. Young Thurgood reveals how Marshall's distinctive traits were molded by events, people, and circumstances early in his life. Professor Gibson presents fresh information about Marshall's family, youth, and education. He describes Marshall's key mentors, the special impact of his high school and college competitive debating, his struggles to establish a law practice during the Great Depression, and his first civil rights cases. The author sheds new light on the NAACP and its first lawsuits in the campaign that led to the 1954 Brown v. Board of Education school desegregation decision. He also corrects some of the often-repeated stories about Marshall that are inaccurate.The only biography of Thurgood Marshall to be endorsed by Marshall’s immediate family, Young Thurgood is an exhaustively researched and engagingly written work that everyone interested in law, civil rights, American history, and biography will want to read.

The International Law of the Sea


Yoshifumi Tanaka - 2012
    This textbook explores the subject from the perspective of public international law, covering all the key topics from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment. Students interested in international environmental and natural resources law will find chapters on emerging issues such as the conservation and the protection of natural resources and biodiversity in the oceans. It includes student-friendly features such as chapter overviews, conclusions, figures and tables and further reading sections. Clarity of expression, engaging analysis and comprehensive coverage make this book essential reading for all students of the law of the sea.

Flagrant Conduct: The Story of Lawrence v. Texas


Dale Carpenter - 2012
    Even the call to police that a black man was "going crazy with a gun" was hardly unusual in this urban setting. Nobody could have imagined that the arrest of two men for a minor criminal offense would reverberate in American constitutional law, exposing a deep malignity in our judicial system and challenging the traditional conception of what makes a family. Indeed, when Harris County sheriff’s deputies entered the second-floor apartment, there was no gun. Instead, they reported that they had walked in on John Lawrence and Tyron Garner having sex in Lawrence’s bedroom.So begins Dale Carpenter’s "gripping and brilliantly researched" Flagrant Conduct, a work nine years in the making that transforms our understanding of what we thought we knew about Lawrence v. Texas, the landmark Supreme Court decision of 2003 that invalidated America’s sodomy laws. Drawing on dozens of interviews, Carpenter has taken on the "gargantuan" task of extracting the truth about the case, analyzing the claims of virtually every person involved.Carpenter first introduces us to the interracial defendants themselves, who were hardly prepared "for the strike of lightning" that would upend their lives, and then to the Harris County arresting officers, including a sheriff’s deputy who claimed he had "looked eye to eye" in the faces of the men as they allegedly fornicated. Carpenter skillfully navigates Houston’s complex gay world of the late 1990s, where a group of activists and court officers, some of them closeted themselves, refused to bury what initially seemed to be a minor arrest.The author charts not only the careful legal strategy that Lambda Legal attorneys adopted to make the case compatible to a conservative Supreme Court but also the miscalculations of the Houston prosecutors who assumed that the nation’s extant sodomy laws would be upheld. Masterfully reenacting the arguments that riveted spectators and Justices alike in 2003, Flagrant Conduct then reaches a point where legal history becomes literature, animating a Supreme Court decision as few writers have done.In situating Lawrence v. Texas within the larger framework of America’s four-century persecution of gay men and lesbians, Flagrant Conduct compellingly demonstrates that gay history is an integral part of our national civil rights story.

Introduction to Law and Legal Skills in South Africa


Tracy HumbyDavid Letsaolo - 2012
    The text addresses the general principles of criminal law, as well as the elements of specific offences.

Constitutional Cliffhangers: A Legal Guide for Presidents and Their Enemies


Brian C. Kalt - 2012
    In this compelling and fascinating book, Brian Kalt envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have.Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events Kalt describes would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.

The Injustice System: A Murder in Miami and a Trial Gone Wrong


Clive Stafford Smith - 2012
    A crusading lawyer is determined to free him. This powerful book reads like a page-turning legal thriller with one crucial difference: Justice is not served in the end.In 1986, Kris Maharaj was arrested in Miami for the murder of his ex- business partner. A witness swore he saw him pull the trigger and a jury found him guilty and sentenced him to death. But he swears he didn’t do it. Twenty years later, he’s bankrupted himself on appeals and been abandoned by everyone but his wife.Enter Clive Stafford Smith, a charismatic public defender with a passion for lost causes who calls up old files and embarks on his own investigation. It takes him from Miami to Nassau to Washington as he uncovers corruption at every turn. Step by step, Clive slowly dismantles the case, guiding us through the whole scaffolding of the legal process and revealing a fundamentally broken system whose goal is not so much to find the right man as to convict.A bombshell whose final chapter should re-open a long closed case, The Injustice System will appeal to fans of true crime and anyone who has served on a jury.

International Arbitration: Law and Practice


Gary B. Born - 2012
    It provides a complete, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book also addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration. The book is essential reading for any student of international arbitration and any practitioner seeking a comprehensive introduction to the field. provides an in-depth examination of how copyright, patents, trademarks, and other forms of intellectual property fare under applicable national, regional, and local laws in China, as well as under international conventions. Practical and procedural details are fully covered, including such aspects as the following: legal protection of remedies; principles of imputation and liability; protection from counterfeiting and infringement; protection of business secrets; right to network dissemination of information; licensing contracts; software copyright; cancellation, revocation, and/or termination of property right; protection of domain name; and new plant variety rights.

Quest for Justice: Defending the Damned


Richard S. Jaffe - 2012
    Simpson trials and frequent guest on NPR, CNN and NBC. Follow him as he learns the truth about savage capital crimes, then through tense courtroom trials as he advocates for those who are literally fighting for their lives.It’s a taut, suspenseful journey through crime and the legal process: murder scenes, courtrooms, judges’ chambers and prison visiting rooms. Hear how the death penalty is decided and administered. Peer into Jaffe’s soul and look into the souls, hearts and eyes of the men and women he has defended and those who opposed him in these battles to the death:The serial bomber who evaded capture for over five yearsThe young attorney falsely accused of conspiracy to murder a police detectiveThe bribe-taking judge who pulled a gun on Jaffe in the courtroomQuest for Justice offers a no-holds-barred, behind-the-scenes look at America’s criminal justice system.

Visual Arts and the Law: A Handbook for Professionals


Judith B. Prowda - 2012
    Although the book is international in scope, there is a particular focus on the US as a major art centre and the site of countless key international court cases. This authoritative but accessible and wide-ranging volume is essential reading for arts advisors, collectors, dealers, auction houses, museums, investors, artists, attorneys and students of art and law.

The Case for Copyright Reform


Christian Engström - 2012
    These are the main points of the proposal for copyright reform that the Pirate Party is advocating. This is a constructive alternative to the controversial ACTA agreement, and to the criminalization of the entire young generation.

Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law


Jerry L. Mashaw - 2012
    Jerry Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. This book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

European Constitutional Law


Robert Schütze - 2012
    Having started as the 'Europe of the Six' in a specific industrial sector, the Union today has twenty-seven Member States and acts within almost all areas of social life. The Union's constitutional structures have evolved in parallel with this immense growth. Born as an international organisation, the Union has developed into a constitutional Union of States. This textbook analyses the constitutional law of the European Union after Lisbon in a clear and structured way. Examining the EU through a classic constitutional perspective, it explores all the central themes of the course: from the history and structure of the Union, the powers and procedures of its branches of government, to the rights and remedies of European citizens. A clear three-part structure and numerous illustrations will facilitate understanding. Critical and comprehensive, this is required reading for all students of European constitutional law.

Easy Money: A Short Story


Pamela Samuels Young - 2012
    Two crooked lawyers who’ve stumbled upon a simple way to make some quick cash, soon find that the easy money, comes at a price.

The 7 Things That Made Me Genuinely & Irreversibly Happy: And How They Can Do The Same For You


Rohan Healy - 2012
    You have an immense and unlimited capacity for peace, joy, contentment and happiness at your disposal at all times. All you have to do is once again learn how to access it.By studying and practicing the 7 Things; Body Psychology, Stoic Philosophy, Bullying/Psychopath Education, Metaphysical Affirmations, Creating Healthy Relationships, learning about Personal Finance and Law, and finally Abundance Consciousness I, as well as many others, have regained genuine and irreversible happiness, and so too can you!Let me share with you exactly what I did to go from obsessive compulsive, nervous breakdown suffering, panic attack experiencing wreck to the happy, healthy guy that I am today and have been for over a year so far. Let me show you how I lost my fear of debt, finance and the future, how I went from relationship failure to having a wealth of healthy and loving relationships. How I went from self loathing to self loving and from from living in lack to experiencing an abundance of all that I need!My objective with The 7 Things is to save you the time, money and energy I spent getting to this point. To save you money on doctors, therapists and "quick fixes" and to help you avoid the 9 years of trial and error it took me to get back to my natural state of happiness and contentment.In The 7 Things I present to you the very tools, knowledge and exercises I used to bring myself to genuine and irreversible happiness. The 7 Things are my gift to you, may they bring you the same incredible results!Rohan Healy,

The Beguine, the Angel, and the Inquisitor: The Trials of Marguerite Porete and Guiard of Cressonessart


Sean L. Field - 2012
    William next consigned Guiard of Cressonessart, an apocalyptic activist in the tradition of Joachim of Fiore and a would-be defender of Marguerite, to perpetual imprisonment. Over several months, William of Paris conducted inquisitorial processes against them, complete with multiple consultations of experts in theology and canon law. Though Guiard recanted at the last moment and thus saved his life, Marguerite went to her execution the day after her sentencing.The Beguine, the Angel, and the Inquisitor is an analysis of the inquisitorial trials, their political as well as ecclesiastical context, and their historical significance. Marguerite Porete was the first female Christian mystic burned at the stake after authoring a book, and the survival of her work makes her case absolutely unique. The Mirror of Simple Souls, rediscovered in the twentieth century and reconnected to Marguerite's name only a half-century ago, is now recognized as one of the most daring, vibrant, and original examples of the vernacular theology and beguine mysticism that emerged in late thirteenth-century Christian Europe. Field provides a new and detailed reconstruction of hitherto neglected aspects of Marguerite’s life, particularly of her trial, as well as the first extended consideration of her inquisitor's maneuvers and motivations. Additionally, he gives the first complete English translation of all of the trial documents and relevant contemporary chronicles, as well as the first English translation of Arnau of Vilanova’s intriguing “Letter to Those Wearing the Leather Belt,” directed to Guiard's supporters and urging them to submit to ecclesiastical authority. "Sean Field's new book is top-of-the-line historical scholarship, exquisitely written, and deeply satisfying on more than one level: for its research, for the quality of the documentation and argument, but also for its careful organization and smooth exposition, which transform a complicated story into a scholarly page-turner." —Walter P. Simons, Dartmouth College

Undesirables: White Canada and the Komagata Maru -- An Illustrated History


Ali Kazimi - 2012
    Many of the men on board, veterans of the British Indian Army, believed it was their right to settle anywhere in the empire they had fought to defend. They were wrong. Enforcing the "continuous journey" regulation, immigration boats surrounded the ship a half-mile off shore, making the passengers virtual prisoners. Thus began a dramatic stand-off that would escalate over the next two months, becoming one of the most infamous events in Canadian history.Why would Canada turn away these South Asian migrants when it had accepted more than 400,000 immigrants the previous year? Why were some of the passengers killed upon their forced return to India? How did this ship pose a threat to the mightiest empire the world had ever known? In Undesirables: White Canada and the Komagata Maru, award-winning filmmaker Ali Kazimi addresses these and other provocative questions, creating a historical framework that allows readers to view events through the eyes of earlier South Asian migrants to Vancouver, authorities of the Dominion of Canada, and imperial officials in Britain and India. At the heart of the story lies the struggle between Canada's desire to build a homogenous nation of white immigrants--preferably from Britain and northern Europe--and the British empire's need for stability. Weaving text together with rarely seen photographs, key documents and other striking visual materials, Kazimi explores what the current federal government has acknowledged as a "dark chapter" in Canada's past. By setting the story in a global context and against the early histories of Chinese, Japanese and African-American immigrants to Canada, he shows that the Komagata Maru "incident" was far from incidental. Today, with Canada's immigration and refugee framework under intense scrutiny, the story of the Komagata Maru is all the more relevant.

Cassese's International Criminal Law


Antonio Cassese - 2012
    Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses:-the historical evolution of international criminal law; -the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism;-the forms and modes of criminal responsibility; and -the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations and immunities.Cassese guides the reader through a vast array of cases and materials from a number of jurisdictions, providing thought-provoking analysis that brings the political and human contexts to the fore.The International Criminal Court and all the other modern international criminal courts are fully covered, both as regards their structure, functioning and proceedings and as far as their case law is concerned.Online Resource CentreCase materials: Key international documents and foreign legislation relating to chapters of the textbook Your questions answered: responses to questions from international law students Web links: Links to web sites relating to topics within the text

How Sex Became a Civil Liberty


Leigh Ann Wheeler - 2012
    Using rich archival sources and oral interviews, historian Leigh Ann Wheeler shows how the private lives of women and men in the American Civil Liberties Union shaped their understanding of sexual rights as they built the constitutional foundation for the twentieth-century's sexual revolutions. Wheeler introduces readers to a number of fascinating figures, including ACLU founders Crystal Eastman and Roger Baldwin; nudists, victims of involuntary sterilization, and others who appealed to the organization for help; as well as attorneys like Dorothy Kenyon, Harriet Pilpel, and Melvin Wulf, who pushed the ACLU to tackle such controversial issues as abortion and homosexuality. It demonstrates how their work with the American Birth Control League, Planned Parenthood Federation, Kinsey Institute, Playboy magazine, and other organizations influenced the ACLU's agenda. Wheeler explores the ACLU's prominent role in nearly every major court decision related to sexuality while examining how the ACLU also promoted its agenda through grassroots activism, political action, and public education. She shows how the ACLU helped to collapse distinctions between public and private in ways that privileged access to sexual expression over protection from it. Thanks largely to the organization's work, abortion and birth control are legal, coerced sterilization is rare, sexually explicit material is readily available, and gay rights are becoming a reality. But this book does not simply applaud the creation of a sex-saturated culture and the arming of citizens with sexual rights; it shows how hard-won rights for some often impinged upon freedoms held dear by others.

Brierly's Law of Nations: An Introduction to the Role of International Law in International Relations


Andrew Clapham - 2012
    Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.

Train Wreck: The Forensics of Rail Disasters


George Bibel - 2012
    When these metal monsters collide or go off the rails, their destructive power becomes clear. In this book, George Bibel presents riveting tales of trains gone wrong, the detective work of finding out why, and the safety improvements that were born of tragedy.Train Wreck details 17 crashes in which more than 200 people were killed. Readers follow investigators as they sift through the rubble and work with computerized event recorders to figure out what happened. Using a mix of eyewitness accounts and scientific explanations, Bibel draws us into a world of forensics and human drama.Train Wreck is a fascinating exploration of• runaway trains• bearing failures• metal fatigue• crash testing • collision dynamics• bad rails

When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality


Corey Brettschneider - 2012
    Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints.Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Crime and Punishment in Early Modern Russia


Nancy Shields Kollmann - 2012
    Nancy Kollmann contrasts Russian written law with its pragmatic application by local judges, arguing that this combination of formal law and legal institutions with informal, flexible practice contributed to the country's social and political stability. She also places Russian developments in the broader context of early modern European state-building strategies of governance and legal practice. She compares Russia's rituals of execution to the 'spectacles of suffering' of contemporary European capital punishment and uncovers the dramatic ways in which even the tsar himself, complying with Moscow's ideologies of legitimacy, bent to the moral economy of the crowd in moments of uprising. Throughout, the book assesses how criminal legal practice used violence strategically, administering horrific punishments in some cases and in others accommodating with local communities and popular concepts of justice.

Disputations on the Judicial Laws of Moses


Johannes Piscator - 2012
    This series of arguments originally appeared as an Appendix to his commentary on Exodus, and was recommended by George Gillespie (Scottish delegate to the Westminster Assembly) as helping to resolve scruples regarding the Judicial Laws of Moses.

Cheating Justice: How Bush and Cheney Attacked the Rule of Law and Plotted to Avoid Prosecution? and What We Can Do about It


Elizabeth Holtzman - 2012
      Deceiving Congress about the war in Iraq, illegal wire-tapping, and torture are only a few of the ways that the Bush-Cheney administration transgressed the law. Yet, they remain unindicted for these and other offenses. This book details how they got away with it, and how we can hold them accountable.

Finding Your Voice in Law School: Mastering Classroom Cold Calls, Job Interviews, and Other Verbal Challenges


Molly Bishop Shadel - 2012
    Many college graduates aren't prepared for the new challenges they will face in law school. Intense classroom discussion, mock trials and moot courts, learning the language of law, and impressing potential employers in a range of interview situations—it sounds intimidating, but it doesn't have to be. Finding Your Voice in Law School offers a step-by-step guide to the most difficult tests you will confront as a law student, from making a speech in front of a room full of lawyers to arguing before a judge and jury. Author Molly Shadel, a former Justice Department attorney and Columbia law graduate who now teaches advocacy at the University of Virginia School of Law, also explains how to lay a strong foundation for your professional reputation. Communicating effectively—with professors, at social gatherings, with supervisors and colleagues at summer jobs, and as a leader of a student organization—can have a lasting impact on your legal career. Building the skills (and attitude) you need to shine among a sea of qualified students has never been more important. Finding Your Voice in Law School shows what it takes to become the lawyer you want to be. “Law school—with its emphasis on classroom discussion and public speaking—can be intimidating. This useful and highly readable book demystifies the law school experience by giving concrete guidance on answering questions in class, mock trials and moot courts, what to say during a job interview, and how to interact with professors and legal professionals. It will not only help you be a better law student, it will help you become a better lawyer.” — David M. Schizer, Dean and the Lucy G. Moses Professor of Law and the Harvey R. Miller Professor of Law and Economics at Columbia Law School “From preparing effectively for class, to succeeding in mock trial and moot court, to making persuasive presentations, to shining at job interviews, Finding Your Voice in Law School provides step-by-step guidance on how to be a better speaker (and, in turn, a better student) in a whole range of contexts. Professor Shadel not only shows students how to be skillful communicators, but she also inspires them to have the confidence in themselves necessary to excel. With sound advice, easy-to-understand anecdotes, and insightful tips, the book is a gem. If you’re a law student or planning to go to law school—whether a natural public speaker or someone horrified at the thought of it—this book is for you.” — Austen Parrish, Interim Dean and Professor of Law at Southwestern Law School “There are many books about the written side of law school, but this is the first to stress the myriad ways in which getting the most out of the law school experience requires mastering a range of in-class and out-of-class oral skills. Although focused on the law student who wishes to excel in classroom performance, moot court, interviews, and many other oral experiences, it will serve as a valuable guide for the new and not-so-new practitioner as well.” — Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia, and author of Thinking Like a Lawyer  “This is a book that all incoming law students should read. And if they want to get (and keep) the best possible jobs, they should read it again before their interviews start.

Foundations of Information Privacy and Data Protection: A Survey of Global Concepts, Laws and Practices


Peter P. Swire - 2012
    

Brownlie's Principles of Public International Law


James Crawford - 2012
    Serving as a single volume introduction to the field as a whole, the book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear and accessible fashion. This edition, fully updated by James Crawford, Whewell Professor of International Law at the University of Cambridge, continues to provide the balance, clarity and expertise expected from this classic text. Completely updated to take account of the many areas of expansion and development in international law which have occurred since earlier editions, all chapters have been reviewed and brought up to date. The eighth edition features a new introduction and the chapters on environmental law, immunities, responsibility, use of force, and high seas freedoms have been substantially rewritten.It remains an important textbook for students, undergraduate and graduate, treating core issues from a lawyer's perspective. It is also a vade mecum for practitioners desiring a solid footing on which to make further enquiries.Readership: Undergraduates and postgraduates taking Public International Law modules as part of their law degree programme. Practitioners and academics will form a secondary market for this text.

Law as a Leap of Faith: Essays on Law in General


John Gardner - 2012
    In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, withoutloss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how theyhave been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, andDworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time.

Implicit Racial Bias Across the Law


Justin D. Levinson - 2012
    This book is for anyone who wonders why race still matters and is interested in what emerging social science can contribute to the discussion. The book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. This new evidence reveals how human mental machinery can be skewed by lurking stereotypes, often bending to accommodate hidden biases reinforced by years of social learning. Through the lens of these powerful and pervasive implicit racial attitudes and stereotypes, Implicit Bias across the Law examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.

Governing from the Bench: The Supreme Court of Canada and the Judicial Role


Emmett MacFarlane - 2012
    Drawing on interviews with current and former justices, law clerks, and other staff members of the court, Macfarlane sheds light on the institution's internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in a broader governmental and societal context. At once enlightening and engaging, "Governing from the Bench" is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.

The Bible & War in America: A Biblical View of an American Obsession and Steps to Recover Liberty


Joel McDurmon - 2012
    Support our troops is often sufficient to silence any opposition to American imperialism.No one, including the majority of well-meaning Christians, seems to consider that the best way to actually support American soldiers consists in returning to a biblical doctrine of war.In The Bible & War in America, Joel McDurmon issues a blistering indictment of the current American war ethos, tracing its roots all the way back to the Constitution, and showing, through rigorous biblical exegesis, how far we have strayed from God's precepts for national defense. The book does not end with critique, however.As an expanded chapter of Joel’s book Restoring America One County at a Time, it provides practical measures for returning America to the decentralized ideals of local militia, just war, and international non-intervention. All Christians and all Americans who love this country and her troops should read this book and follow its advice. Our blood-purchased freedoms hang in the balance.

A Tale of Two Governments


Robert J. Renaud - 2012
    But they have been forced together as a growing number of churches find themselves in court. Behind these court cases is an almost forgotten history of the relationship between church and state. This story is an important one for every American who cares about religious freedom, and for every Christian who cares about the integrity of the church.

Writing for Dollars, Writing to Please: The Case for Plain Language in Business, Government, and Law


Joseph Kimble - 2012
    Professor Kimble summarizes 50 studies (no less) showing that using plain language can save organizations and agencies a ton of money and that plain language serves and satisfies readers in every possible way. They strongly prefer it to legalese and officialese, they understand it better and faster, they are more likely to comply with it, and they are more likely to read it in the first place. Because it makes for readers who are more motivated, trusting, and confident, it could even help to restore faith in public institutions. The potential benefits are extraordinary.   The book also debunks the ten biggest myths about plain language, including the myths about plain legal language. It looks back on 40 highlights in plain-language history. And it outlines the elements of plain language. The book's call for clarity and simplicity is vital to everyone who writes for the public—and to every legal writer as well, since more than 15 of the studies involved legal documents. And the book's lively, distinctive style makes it a pleasure to read. Professor Kimble is a leading expert on this subject. He has lectured throughout the United States and abroad, and has won several national and international awards for his writing and work. “Professor Joseph Kimble . . . has gathered and updated a career’s worth of insight into the myths, best practices, case studies, and international developments in plain language in one accessible and indispensable little book.” — “Clear Language and Design” Newsletter (June 2013). “This book is a real 'must' for anyone looking to make their legal documents more accessible.” — National Adult Literacy Agency (Ireland), “Simply Put” newsletter (February 2013). “[T]his big little book is a closing argument for the cause of clarity and simplicity in legal expression . . . . The book includes a six-page compendium of the elements of plain language [that] alone . . . make[s] the book worthy of a place on the credenza of every lawyer and judge . . . . In prose so incisive that it is itself an argument for what he advocates, Kimble dispels the myths about plain language and answers the critics. . . . Kimble's case reaches a crescendo spoken in our profession’s lingua franca: dollars. Plain writing not only increases efficiency, and thereby saves time and money, it empowers the practitioner to attract, satisfy, and retain clients, and so be more successful. This is a book worth reading, worth study. It is a reference, it is a resource, and it is a relief . . . .” — Michigan Bar Journal (January 2013) “What a terrific compilation of resources for those of us interested in more successful workplace writing! . . . If any of you are trying to convince management that it’s worth it to spend time creating more efficient and effective documents, you need to get a copy of this book.” — "Pros Write" Blog (January 2, 2013) “Kimble does not merely offer opinions. His book includes hundreds of footnotes with citations to important articles and resources for those interested in plain language. There is a treasure trove of information in these notes…. The book is readable and well organized. Kimble's list of the elements of plain language would be useful for any lawyer.

With Due Respect: Selected Columns from the Philippine Daily Inquirer


Artemio Panganiban - 2012
    Panganiban reveals how mediation can help speed up court cases, how small claims courts can save the poor the expense and tedium of regular litigation and how law students can increase their chances of passing and even topping the bar exams.Along the way, Panganiban, a columnist of the Philippine Daily Inquirer newspaper, also shares his thoughts on contentious legal and social issues such as libel and divorce, and reveals the often opaque inner workings of the Philippine Supreme Court. For those whose interests and work requires a familiarity with Philippine courts, this book is a useful introduction and guide from one of the Philippines' most noted jurists.

Governance of Global Financial Markets: The Law, the Economics, the Politics


Emilios Avgouleas - 2012
    With reform underway in the USA, the EU and elsewhere, Emilios Avgouleas explores some of the questions associated with building an effective governance system and analyses the evolution of existing structures. By critiquing the soft law structures dominating international financial regulation and examining the roles of financial innovation and the neo-liberal policies in the expansion of global financial markets, he offers a new epistemological reading of the causes of the global financial crisis. Requisite reforms leave serious gaps in cross-border supervision, in the resolution of global financial institutions and in the monitoring of risk originating in the shadow banking sector. To close these gaps and safeguard the stability of the international financial system, an evolutionary governance system is proposed that will also enhance the welfare role of global financial markets.

Routledge Handbook of Constitutional Law


Mark V. Tushnet - 2012
    Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture.The book is split into four parts for ease of reference:Part One: General issues sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions.Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systemsPart Three: Rights covers the key rights often enshrined in constitutionsPart Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

The Law of Real Property


Charles Harpum - 2012
    It provides a comprehensive and up-to-date treatment of land law in England and Wales.

The Law of Non-International Armed Conflict


Sandesh Sivakumaran - 2012
    All the relevant bodies of international law are considered, including international humanitarian law, international criminal law, and international human rights law. The book traces the changes to the legal framework applicable to non-international armed conflict from ad hoc regulation in the nineteenth and early twentieth century, to systematic regulation through the 1949 Geneva Conventions and 1977 Additional Protocols, to the transformation of the law in the mid-1990s. Armed conflicts ranging from the US civil war, the Algerian War of Independence, and the attempted secession of Biafra, through to the current conflicts in the Colombia, Philippines, and Sudan are all considered. The identification and analysis of the law is complemented by a consideration of the practice, allowing both violations of, and respect for, the law, to be ascertained. Given that non-international armed conflicts are fought between states and non-state armed groups, or between armed groups, particular attention is paid to the oft-neglected views of armed groups. This is done through an analysis of hundreds of statements, unilateral declarations, internal regulations, and bilateral agreements issued by armed groups. Equivalent material emanating from states parties to conflicts is also considered. The book is thus an essential reference point for the law and practice of non-international armed conflicts.

The People's Courts : Pursuing Judicial Independence in America


Jed Handelsman Shugerman - 2012
    Declaring judicial independence -- Judicial elections as separation of powers -- The calm before the storm -- Panic and trigger -- The American revolutions of 1848 -- The boom of judicial review -- Reconstructing independence -- The progressives' failed solutions -- Earl Warren, crime, and the revival of appointment -- The Missouri plan -- Exporting judicial elections -- The puzzling rise of merit -- Merit's stumble and surge, 1960s-70s -- Judicial plutocracy from 1980 to the present.

The Machinery of Criminal Justice


Stephanos Bibas - 2012
    Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But over the last two centuries, lawyers have taken over the process, silencing victims and defendants and, in many cases, substituting a plea-bargaining system for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, interests, values, and powers.In The Machinery of Criminal Justice, author Stephanos Bibas surveys these developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. These ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Prigg V. Pennsylvania: Slavery, the Supreme Court, and the Ambivalent Constitution


H. Robert Baker - 2012
    Her parents were slaves of John Ashmore, a prosperous Maryland mill owner who freed many of his slaves in the last years of his life. Ashmore never laid claim to Margaret, who eventually married a free black man and moved to Pennsylvania. Then, John Ashmore's widow sent Edward Prigg to Pennsylvania to claim Margaret as a runaway. Prigg seized Margaret and her children--one of them born in Pennsylvania--and forcibly removed them to Maryland in violation of Pennsylvania law. In the ensuing uproar, Prigg was indicted for kidnapping under Pennsylvania's personal liberty law. Maryland, however, blocked his extradition, setting the stage for a remarkable Supreme Court case in 1842.In Prigg v. Pennsylvania, the Supreme Court considered more than just the fate of a single slavecatcher. The Court's majority struck down the free states' personal liberty laws and reaffirmed federal supremacy in determining the procedures for fugitive slave rendition. H. Robert Baker has written the first and only book-length treatment of this landmark case that became a pivot point for antebellum politics and law some fifteen years before Dred Scott.Baker addresses the Constitution's ambivalence regarding slavery and freedom. At issue were the reach of slaveholders' property rights into the free states, the rights of free blacks, and the relative powers of the federal and state governments. By announcing federal supremacy in regulating fugitive slave rendition, Prigg v. Pennsylvania was meant to bolster what slaveholders claimed as a constitutional right. But the decision cast into doubt the ability of free states to define freedom and to protect their free black populations from kidnapping.Baker's eye-opening account raises crucial questions about the place of slavery in the Constitution and the role of the courts in protecting it in antebellum America. More than that, it demonstrates how judges fashion conflicting constitutional interpretations from the same sources of law. Ultimately, it offers an instructive look at how constitutional interpretation that claims to be faithful to neutral legal principles and a definitive original meaning is nonetheless freighted with contemporary politics and morality. Prigg v. Pennsylvania is a sobering lesson for those concerned with today's controversial issues, as states seek to supplement and preempt federal immigration law or to overturn Roe v. Wade.

Careers in Animal Law: Welfare, Protection, and Advocacy


Yolanda Eisenstein - 2012
    The first book of its kind, Careers in Animal Law will help you: -Gain an overview of the field from a practicing animal lawyer and professor of animal law -Forge a successful animal law career with firms of all types and sizes, government agencies, corporations, or nonprofits -Strike out on your own as a solo practitioner -Learn career tips from a series of animal-lawyer profiles -Understand evolving trends in legislation, litigation, and academia

The Routledge Companion to Philosophy of Law


Andrei Marmor - 2012
    Its coverage includes law's relation to morality and the moral obligations to obey the law, the main philosophical debates about particular legal areas such as criminal responsibility, property, contracts, family law, law and justice in the international domain, legal paternalism and the rule of law.The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas. All 39 chapters, written by the world's leading researchers and edited by an internationally distinguished scholar, bring a focused, philosophical perspective to their subjects. The Routledge Companion to the Philosophy of Law promises to be a valuable and much consulted student resource for many years.

Living Under Drones: Death, Injury, and Trauma to Civilians From US Drone Practices in Pakistan


International Human Rights and Conflict Resolution Clinic (Stanford Law School) - 2012
    Based on extensive interviews with Pakistanis living in the regions directly affected, as well as humanitarian and medical workers, this report provides new and firsthand testimony about the negative impacts US policies are having on the civilians living under drones.Real threats to US security and to Pakistani civilians exist in the Pakistani border areas now targeted by drones. It is crucial that the US be able to protect itself from terrorist threats, and that the great harm caused by terrorists to Pakistani civilians be addressed. However, in light of significant evidence of harmful impacts to Pakistani civilians and to US interests, current policies to address terrorism through targeted killings and drone strikes must be carefully re-evaluated.It is essential that public debate about US policies take the negative effects of current policies into account. First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. In public statements, the US states that there have been “no” or “single digit” civilian casualties.” It is difficult to obtain data on strike casualties because of US efforts to shield the drone program from democratic accountability, compounded by the obstacles to independent investigation of strikes in North Waziristan. The best currently available public aggregate data on drone strikes are provided by The Bureau of Investigative Journalism (TBIJ), an independent journalist organization. TBIJ reports that from June 2004 through mid-September 2012, available data indicate that drone strikes killed 2,562-3,325 people in Pakistan, of whom 474-881 were civilians, including 176 children. TBIJ reports that these strikes also injured an additional 1,228-1,362 individuals. Where media accounts do report civilian casualties, rarely is any information provided about the victims or the communities they leave behind. This report includes the harrowing narratives of many survivors, witnesses, and family members who provided evidence of civilian injuries and deaths in drone strikes to our research team. It also presents detailed accounts of three separate strikes, for which there is evidence of civilian deaths and injuries, including a March 2011 strike on a meeting of tribal elders that killed some 40 individuals. Second, US drone strike policies cause considerable and under-accounted-for harm to the daily lives of ordinary civilians, beyond death and physical injury. Drones hover twenty-four hours a day over communities in northwest Pakistan, striking homes, vehicles, and public spaces without warning. Their presence terrorizes men, women, and children, giving rise to anxiety and psychological trauma among civilian communities. Those living under drones have to face the constant worry that a deadly strike may be fired at any moment, and the knowledge that they are powerless to protect themselves. These fears have affected behavior. The US practice of striking one area multiple times, and evidence that it has killed rescuers, makes both community members and humanitarian workers afraid or unwilling to assist injured victims. Some community members shy away from gathering in groups, including important tribal dispute-resolution bodies, out of fear that they may attract the attention of drone operators. Some parents choose to keep their children home, and children injured or traumatized by strikes have dropped out of school. Waziris told our researchers that the strikes have undermined cultural and religious practices related to burial, and made family members afraid to attend funerals. In addition, families who lost loved ones or their homes in drone strikes now struggle to support themselves.Third, publicly available evidence that the strikes have made the US safer overall is ambiguous at best. The strikes have certainly killed alleged combatants and disrupted armed actor networks. However, serious concerns about the efficacy and counter-productive nature of drone strikes have been raised. The number of “high-level” targets killed as a percentage of total casualties is extremely low—estimated at just 2%. Furthermore, evidence suggests that US strikes have facilitated recruitment to violent non-state armed groups, and motivated further violent attacks. As the New York Times has reported, “drones have replaced Guantánamo as the recruiting tool of choice for militants.” Drone strikes have also soured many Pakistanis on cooperation with the US and undermined US-Pakistani relations. One major study shows that 74% of Pakistanis now consider the US an enemy.Fourth, current US targeted killings and drone strike practices undermine respect for the rule of law and international legal protections and may set dangerous precedents. This report casts doubt on the legality of strikes on individuals or groups not linked to the terrorist attacks of September 11, 2001, and who do not pose imminent threats to the US. The US government’s failure to ensure basic transparency and accountability in its targeted killing policies, to provide necessary details about its targeted killing program, or adequately to set out the legal factors involved in decisions to strike hinders necessary democratic debate about a key aspect of US foreign and national security policy. US practices may also facilitate recourse to lethal force around the globe by establishing dangerous precedents for other governments. As drone manufacturers and officials successfully reduce export control barriers, and as more countries develop lethal drone technologies, these risks increase.In light of these concerns, this report recommends that the US conduct a fundamental re-evaluation of current targeted killing practices, taking into account all available evidence, the concerns of various stakeholders, and the short and long-term costs and benefits. A significant rethinking of current US targeted killing and drone strike policies is long overdue. US policy-makers, and the American public, cannot continue to ignore evidence of the civilian harm and counter-productive impacts of US targeted killings and drone strikes in Pakistan.This report also supports and reiterates the calls consistently made by rights groups and others for legality, accountability, and transparency in US drone strike policies:• The US should fulfill its international obligations with respect to accountability and transparency, and ensure proper democratic debate about key policies. The US should:o Release the US Department of Justice memoranda outlining the legal basis for US targeted killing in Pakistan;o Make public critical information concerning US drone strike policies, including as previously and repeatedly requested by various groups and officials: the targeting criteria for so-called “signature” strikes; the mechanisms in place to ensure that targeting complies with international law; which laws are being applied; the nature of investigations into civilian death and injury; and mechanisms in place to track, analyze and publicly recognize civilian casualties;o Ensure independent investigations into drone strike deaths, consistent with the call made by Ben Emmerson, UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism in August 2012;o In conjunction with robust investigations and, where appropriate, prosecutions, establish compensation programs for civilians harmed by US strikes in Pakistan.• The US should fulfill its international humanitarian and human rights law obligations with respect to the use of force, including by not using lethal force against individuals who are not members of armed groups with whom the US is in an armed conflict, or otherwise against individuals not posing an imminent threat to life. This includes not double-striking targets as first responders arrive.o Journalists and media outlets should cease the common practice of referring simply to “militant” deaths, without further explanation. All reporting of government accounts of “militant” deaths should include acknowledgment that the US government counts all adult males killed by strikes as “militants,” absent exonerating evidence. Media accounts relying on anonymous government sources should also highlight the fact of their single-source information and of the past record of false government reports.

SEXUAL ASSAULT IN CANADA: Law, Legal Practice and Women’s Activism


Elizabeth A. Sheehy - 2012
    A challenging look at the state of sexual assault law, legal practice and activism in Canada.

Rape in Chicago: Race, Myth, and the Courts


Dawn Rae Flood - 2012
    Drawing on extensive trial testimony, government reports, and media coverage, Dawn Rae Flood examines how individual men and women, particularly African Americans, understood and challenged rape myths and claimed their right to be protected as American citizens--protected by the State against violence, and protected from the State's prejudicial investigations and interrogations. Flood shows how defense strategies, evolving in concert with changes in the broader cultural and legal environment, challenged assumptions about black criminality while continuing to deploy racist and sexist stereotypes against the plaintiffs. Uniquely combining legal studies, medical history, and personal accounts, Flood pays special attention to how medical evidence was considered in rape cases and how victim-patients were treated by hospital personnel. She also analyzes medical testimony in modern rape trials, tracing the evolution of contemporary "rape kit" procedures as shaped by legal requirements, trial strategies, feminist reform efforts, and women's experiences.

Justice or Injustice? What Really Happens In A Jury Room


J.L. Hardee - 2012
    It involves the case of: The State of SC vs. Kimberly Renee Poole. This book isn't about the murder, or the guilt or innocence of the accused. Its about the experiences of a juror and his fight to standup for his beliefs. This book will put you right in a jury seat during this trial so that you can experience his plight.

The War of the Copper Kings


C.B. Glasscock - 2012
    Copper was the treasure, eagerly sought for wiring the modern world, and the hard rock below Butte was riddled with thick veins of the precious metal. Those who controlled the copper could make billions of dollars, the fortune sought by three men who fought for Butte’s mineral wealth with greed and generosity, cruelty and compassion, cowardice and courage.In this astonishing battle, they used their fabulous wealth to buy courts, newspapers, politicians, banks, police, and anything and anyone that could help them and hinder their opponents. To get what they wanted, their money flowed like snowmelt through the mile-high city and eventually reached the nation’s capital. All the while the miners toiled thousands of feet below ground in tunnels dug with blasting powder, picks, and shovels. And sometimes, backed by rival copper kings, they also battled, with fists and dynamite, either on the streets of Butte or far below the surface.At this time, Butte was the largest city between Minneapolis and Portland, and it was a wide-open town, born only recently in the rugged Rocky Mountains. Illustrated by rare historical photos, this book tells the story of Butte and the copper kings, a story of raw human drama and timeless historical significance.

For Liberty and Equality: The Life and Times of the Declaration of Independence


Alexander Tsesis - 2012
    Indeed, at every stage of American history, the Declaration has been a touchstone for evaluating the legitimacy of legal, social, and political practices. Not only have civil rights activists drawn inspiration from its proclamation of inalienable rights, but individuals decrying a wide variety of governmental abuses have turned for support to the document's enumeration of British tyranny.In this sweeping synthesis of the Declaration's impact on American life, ranging from 1776 to the present, Alexander Tsesis offers a deeply researched narrative that highlights the many surprising ways in which this document has influenced American politics, law, and society. The drafting of theBill of Rights, the Reconstruction Amendments, the New Deal, the Civil Rights movement-all are heavily indebted to the Declaration's principles of representative government. Tsesis demonstrates that from the founding on, the Declaration has played a central role in American political and socialadvocacy, congressional debates, and presidential decisions. He focuses on how successive generations internalized, adapted, and interpreted its meaning, but he also shines a light on the many American failures to live up to the ideals enshrined in the document.Based on extensive research from primary sources such as newspapers, diaries, letters, transcripts of speeches, and congressional records, For Liberty and Equality shows how our founding document shaped America through successive eras and why its influence has always been crucial to the nation andour way of life.

Seeing Justice Done: The Age of Spectacular Capital Punishment in France


Paul Friedland - 2012
    Paul Friedland traces the theory and practice of public executions over time, both from the perspective of those who staged thesepunishments as well as from the vantage point of the many thousands who came to 'see justice done'. While penal theorists often stressed that the fundamental purpose of public punishment was to strike fear in the hearts of spectators, the eagerness with which crowds flocked to executions, and theextent to which spectators actually enjoyed the spectacle of suffering suggests that there was a wide gulf between theoretical intentions and actual experiences. Moreover, public executions of animals, effigies, and corpses point to an enduring ritual function that had little to do with exemplarydeterrence. In the eighteenth century, when a revolution in sensibilities made it unseemly for individuals to take pleasure in or even witness the suffering of others, capital punishment became the target of reformers. From the invention of the guillotine, which reduced the moment of death to theblink of an eye, to the 1939 decree which moved executions behind prison walls, capital punishment in France was systematically stripped of its spectacular elements.Partly a history of penal theory, partly an anthropologically-inspired study of the penal ritual, Seeing Justice Done traces the historical roots of modern capital punishment, and sheds light on the fundamental 'disconnect' between the theory and practice of punishment which endures to this day, nitonly in France but in the Western penal tradition more generally.

The Oxford Handbook of Comparative Constitutional Law


Michel Rosenfeld - 2012
    Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

May It Please Your Lordship


Toby Potts - 2012
    Stirring speeches to rapt juries, triumphant press interviews and enormous fees paid by grateful clients. He can see it all. But unfortunately, he has reckoned without Judge 'Bonkers' Clarke, The Honourable Mr 'Sourpuss' Boniface and a range of other equally terrifying, grumpy and borderline insane judges - not to mention tricky solicitors, bent coppers and dodgy defendants.

Endowed by Our Creator: The Birth of Religious Freedom in America


Michael Meyerson - 2012
    This scrupulously researched book sets aside the half-truths, omissions, and partisan arguments, and instead focuses on the actual writings and actions of Washington, Adams, Jefferson, Madison, and others. Legal scholar Michael I. Meyerson investigates how the framers of the Constitution envisioned religious freedom and how they intended it to operate in the new republic.Endowed by Our Creator shows that the framers understood that the American government should not acknowledge religion in a way that favors any particular creed or denomination. Nevertheless, the framers believed that religion could instill virtue and help to unify a diverse nation. They created a spiritual public vocabulary, one that could communicate to all—including agnostics and atheists—that they were valued members of the political community. Through their writings and their decisions, the framers affirmed that respect for religious differences is a fundamental American value. Now it is for us, Meyerson concludes, to determine whether religion will be used to alienate and divide or to inspire and unify our religiously diverse nation.

Speech and Harm: Controversies Over Free Speech


Ishani Maitra - 2012
    At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally permit speech even when it is harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form?This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, Whites Only signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech.

Medicaid Politics: Federalism, Policy Durability, and Health Reform


Frank J. Thompson - 2012
    As private health insurance benefits have relentlessly eroded, the program has played an increasingly important role. Yet Medicaid's prominence in the health care arena has come as a surprise.Many astute observers of the Medicaid debate have long claimed that "a program for the poor is a poor program" prone to erosion because it serves a stigmatized, politically weak clientele. Means-tested programs for the poor are often politically unpopular, and there is pressure from fiscally conservative lawmakers to scale back the $350-billion-per-year program even as more and more Americans have come to rely on it. For their part, health reformers had long assumed that Medicaid would fade away as the country moved toward universal health insurance. Instead, Medicaid has proved remarkably durable, expanding and becoming a major pillar of America's health insurance system.In Medicaid Politics, political scientist Frank J. Thompson examines the program's profound evolution during the presidential administrations of Bill Clinton, George W. Bush, and Barack Obama and its pivotal role in the epic health reform law of 2010. This clear and accessible book details the specific forces embedded in American federalism that contributed so much to Medicaid's growth and durability during this period. It also looks to the future outlining the political dynamics that could yield major program retrenchment.

How NOT To Think Like a Lawyer: Seven Steps to Becoming an Extraordinary - and Winning - Trial Attorney


David Cross - 2012
    This book, written in a witty and engaging style, tells you in specific detail what you need to do in order to become successful in court. David will discuss the specifics of Voir Dire; Opening Statement; Cross Examination; Evidence; Closing Argument; and numerous other specific aspects of trial practice. He will also tell you why you should forget everything you learned in law school, and ignore 90% of the advice you receive. Thousands of people have purchased this book as a part of Mr. Cross' successful course. Now, for the first time, it is offered to the general public.

International Human Rights: The successor to International Human Rights in Context


Philip Alston - 2012
    

Law and the Technologies of the Twenty-First Century


Roger Brownsword - 2012
    It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.

The Political Supreme Court


Pacifico A. Agabin - 2012
    It looks at Philippine Supreme Court decisions from the lens of a political behaviorist without the blinders on the eyes of the law practitioner. The focus is on Supreme Court leading cases on constitutional law, because it is when the high court decides constitutional cases that it becomes a political body, for good or for ill. This holds true especially under the present constitution, which has virtually erased the fine line initially drawn under the late and unlamented separation of powers principle, such that when two political bodies meet - e.g., the Supreme Court and Congress - it results in a clash of titans, which reached its peak in the recent impeachment of a chief justice drama that has now become part of our legal history.

Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights


Michael D. Cicchini - 2012
    

Amnesty International Report 2012: The State of the World's Human Rights


Amnesty International - 2012
    It provides an invaluable reference guide to international human rights developments.

Justice John Marshall Harlan: Lectures on Constitutional Law, 1897-98


John Marshall Harlan - 2012
    Justice John Marshall Harlan's lectures on constitutional law, delivered at Columbian University Law School in 1897 and 1898.

Legally Mom


Anne Murphy Brown - 2012
    This collection brings together a selection of deeply felt, personal narratives by smart, interesting women who explore the continued inequality of the sexes in law practice and suggest changes that could make firms more family-friendly workplaces.

The Oxford Handbook of Capitalism


Dennis C. Mueller - 2012
    The 19 original essays in this Handbook, written by leading scholars from Asia, North America, and Europe, analyze both the strengths and weaknesses of capitalist systems. The volume opens with essays on the historical and legal origins of capitalism. These are followed by chapters describing the nature, institutions, and advantages of capitalism: entrepreneurship, innovation, property rights, contracts, capital markets, and the modern corporation. The next set of chapters discusses the problems that can arise in capitalist systems including monopoly, principal agent problems, financial bubbles, excessive managerial compensation, and empire building through wealth-destroying mergers. Two subsequent essays examine in detail the properties of the Asian model of capitalism as exemplified by Japan and South Korea, and capitalist systems where ownership and control are largely separated as in the United States and United Kingdom. The handbook concludes with an essay on capitalism in the 21st century by Nobel Prize winner Edmund Phelps.

Liberty's Refuge: The Forgotten Freedom of Assembly


John D. Inazu - 2012
    While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions of our constitutional tradition.“The Framers of the Bill of Rights took care to protect not just speech, but speech in association with others, which they called ‘freedom of assembly.’ The Supreme Court, of late, has reduced this important right to a mere appendage to freedom of speech. This important book explains why an independent right of assembly or association matters to civil liberties, and why it is in danger.”—Michael McConnell, Richard & Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School“Inazu offers the most thorough survey we have of the changing conceptions of freedom of assembly in America.”—Andrew Koppelman, John Paul Stevens Professor of Law, Northwestern University School of Law, and author of A Right to Discriminate? How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association“The First Amendment’s guarantee of ‘the right of the people peaceably to assemble’ is the neglected stepchild of modern constitutional law. John Inazu’s Liberty’s Refuge breathes new life into the clause. His careful historical and analytical reading of the clause explains it as a core component of the constitutional protections available to all individuals.”—Richard Epstein, Laurence A. Tisch Professor of Law, New York University School of Law“This is a scholarly book, written in a style that is accessible to anyone with a serious interest in the freedom of assembly in the First Amendment of the United States Constitution. Inazu’s historical narrative is important, and his normative arguments are deep and interesting. Although scholars will have quibbles (about his treat of Rawls, for example), this is the best contemporary book about this topic.”—Lawrence Solum, John Carroll Research Professor of Law, Georgetown Law School“Inazu’s clear prose style and relentless intellectual honesty enable and even invite criticism while also forcing critics to acknowledge and confront the force of his ideas. Inazu’s avowed goal with this book is to start a discussion, and he has achieved that goal brilliantly.”—Gregory Magarian, Professor of Law, Washington University School of Law

The Librarian's Copyright Companion


James S. Heller - 2012
    The book provides a background in U.S. copyright law, as well as international treaties. It offers an in depth discussion of the provisions of the Copyright Act most important to librarians: fair use (section 107), the library exemption (section 108), and the public performance exemption (section 110). The author discusses copyright issues regarding the use of print, digital, and audiovisual works, including court decisions that interpret the 1976 Copyright Act and its amendments.

The Keenan Edge


Don C. Keenan - 2012
    

International Aviation Law: A Practical Guide


Ronald I C Bartsch - 2012
    It provides an introduction to all aspects of aviation law and to the legal duties and responsibility of aircrew and other aviation personnel. It also offers advice on how to avoid or minimize legal liability for aviation practitioners and enthusiasts.

Criminology Skills


Emily Finch - 2012
    Beginning with an introduction to finding, using, and evaluating criminological resources, it allows students to establish a strong skills foundation right from the start. The book then moves into more advanced levels of study, covering academic skills, and finally, research skills. Offering coverage of practical, academic, and research skills in one manageable volume, Criminology Skills is an excellent study skills book for criminology students at all levels of study. FEATURES * Written in lively, student-friendly language * Integrates real-world examples and engaging exercises throughout, encouraging students to put the skills they are learning into a practical context * Comprehensive coverage of research methods, ethics, and data analysis * Accompanied by a comprehensive Companion Website (www.oup.com/uk/orc/bin/9780199597376) with a rich variety of student resources--practical exercises, animated walkthroughs showing how to use online databases, activities to help test students' understanding of ethical considerations as well as the differences between quantitative and qualitative research methods, and more

The Supreme Court Opinions of Clarence Thomas, 1991-2011


Henry Mark Holzer - 2012
    Although they are readily available to the American people, much of the public continues to base its view of Thomas merely on reporting of the media. This analysis of Thomas's most important majority, concurring, and dissenting opinions offers laypersons and legal professionals alike the opportunity to understand in his own words Thomas's approach to constitutional decision-making and his understanding of the most important provisions of the Constitution. Thomas's opinions, this work shows, reveal his consistent adherence to the core principles of federalism, separation of powers, and restrained judicial review, and to the regard for individual rights and limited government embodied by the Founders in the Constitution.

Race and the Supreme Court: Defining Equality


Earl E. Pollock - 2012
    Board of Education in 1954, Earl E. Pollock worked on race and the meaning of equality under the U.S. Constitution. This book, based on Pollock's lifetime of distinguished law practice, teaching and deep research, is a thorough, thoughtful survey of the history and law of race in America. It is an invaluable, necessary primer for every lawyer, student or citizen who wants to understand the core continuing legal and societal issue of the United States." - John Q. Barrett, Professor of Law at St. John's University and biographer of Justice Robert H. Jackson. "This is an enlightening and important book that will be compelling to anyone who has every wondered about how we incorporate the notion of equality into our society and our laws. The writing is wonderfully lucid, and Earl Pollock's thinking about the many different notions of equality with which the law has struggled is as precise as a watchmaker." - Scott Turow, author of best-selling legal novels including Presumed Innocent and Innocent "An insightful and comprehensive analysis of the Supreme Court's role in the struggle for racial equality, focusing on the Court's decisions on discrimination by public bodies, discrimination by private organizations, and minority preferences. Judges, lawyers, students, and general readers will learn a great deal from this book." - Judge Jon O. Newman, Senior Judge, United States Court of Appeals for the Second Circuit