Best of
Law

2013

Consequential Damages


Joseph Hayes - 2013
    Rick is a brilliant, ultracompetitive trial lawyer who believes winning is everything. He openly mocks the legal system, claiming that a lawyer who is a great storyteller can fool a jury every time. He is determined to exploit that weakness in our system, regardless of the havoc that wreaks on innocent lives. When an upstanding pillar of the community is victimized by Rick’s unscrupulous tactics, Jake is determined to bring his former classmate to justice—if he can do so without sacrificing his own integrity. Their approaches, skills and convictions are put to the test when they clash as opposing counsel in a high-stakes class action lawsuit. Dirty tricks, intimidation, intrigue—even homicide—become part of the backdrop as the litigation unfolds. Consequential Damages is a compelling legal drama full of twists, turns and suspense. And, it will make you think!

The Law of Self Defense


Andrew F. Branca - 2013
    That's why you take steps to protect yourself and your family. Whether it be that shotgun in the corner, the sidearm on your hip, or the pepper spray you gave your daughter, you meet that fundamental responsibility. But if you're like most people, your preparations still lack a critical element. You still need to know how to survive the critical fight that looms after any defensive encounter: the legal battle. The Law of Self Defense provides precisely that critical, missing knowledge. This book includes not just the laws of all fifty states, but how the courts apply those laws. It's a plain-talk analysis that makes the law easy to understand, not just lawyers. Learn how to make fast, effective decisions and confidently handle life-and-death situations both tactically and legally.

Antinomianism: Reformed Theology's Unwelcome Guest?


Mark Jones - 2013
    More than that, in it Mark Jones offers a key a robust Reformed Christology with a strong emphasis on the Holy Spirit and chapter by chapter uses it to unlock nine questions raised by the debates.

The Price of Justice: A True Story of Greed and Corruption


Laurence Leamer - 2013
    But wealth and influence weren't enough for Blankenship and his company, as they set about destroying corporate and personal rivals, challenging the Constitution, purchasing the West Virginia judiciary, and willfully disregarding safety standards in the company's mines—in which scores died unnecessarily.As Blankenship hobnobbed with a West Virginia Supreme Court justice in France, his company polluted the drinking water of hundreds of citizens while he himself fostered baroque vendettas against anyone who dared challenge his sovereignty over coal mining country. Just about the only thing that stood in the way of Blankenship's tyranny over a state and an industry was a pair of odd-couple attorneys, Dave Fawcett and Bruce Stanley, who undertook a legal quest to bring justice to this corner of America. From the backwoods courtrooms of West Virginia they pursued their case all the way to the U.S. Supreme Court, and to a dramatic decision declaring that the wealthy and powerful are not entitled to purchase their own brand of law.The Price of Justice is a story of corporate corruption so far-reaching and devastating it could have been written a hundred years ago by Ida Tarbell or Lincoln Steffens. And as Laurence Leamer demonstrates in this captivating tale, because it's true, it's scarier than fiction.

The LSAT Trainer: A Remarkable Self-Study Guide for the Self-Driven Student


Mike Kim - 2013
    The LSAT Trainer. Your LSAT score is the most important part of the law school admissions process. It is far more important than your essays, your recommendations, your GPA, where you went to college, or where you come from. A top LSAT score can open doors for you that would be virtually impossible to open otherwise. Most people are capable of drastically improving their scores with the right preparation. Most people score about the same on the actual exam as they do on their first diagnostic. The LSAT Trainer is the most advanced and effective LSAT learning system ever developed. No other book has ever explained the LSAT with as much depth and clarity, or presented strategies that are as simple, intuitive, and effective. But that's not what makes The LSAT Trainer truly special... Other books are designed to help you understand The LSAT. And that's what we expect our academic books to do. But the LSAT is not a test of what you know. Arguably, a super-smart eighth grader with no advanced training but great reading skills and common sense can get a perfect score on the exam. The LSAT is a test of how you think. The LSAT Trainer is a workbook--it is specifically designed to help you get better and better at thinking through and solving LSAT questions. Lessons and strategies are carefully combined with pinpointed drills and hundreds of real LSAT problems to help you transform what you read about into what you can do. Other books can help you understand the LSAT. The LSAT Trainer will help you get better at it.

Theodore Boone box set #1-3


John Grisham - 2013
    A special novelty item will also be included!

How Can You Represent Those People?


Abbe Smith - 2013
    This fascinating collection is a must-read for anyone interested in crime, punishment, race, poverty, and the motivations of criminal lawyers.

The Great Dissent: How Oliver Wendell Holmes Changed His Mind--and Changed the History of Free Speech in America


Thomas Healy - 2013
    After all, the First Amendment proudly proclaims that Congress can make no law abridging the freedom of speech. But well into the twentieth century, that right was still an unfulfilled promise, with Americans regularly imprisoned merely for protesting government policies. Indeed, our current understanding of free speech comes less from the First Amendment itself than from a most unlikely man: the Supreme Court justice Oliver Wendell Holmes. A lifelong conservative, he disdained all individual rights. Yet in 1919, it was Holmes who wrote a court opinion that became a canonical statement for free speech as we know it.Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and memos, the law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech skeptic to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

My Beloved World


Sonia Sotomayor - 2013
    Now, with a candor and intimacy never undertaken by a sitting Justice, she recounts her life from a Bronx housing project to the federal bench, a journey that offers an inspiring testament to her own extraordinary determination and the power of believing in oneself. Here is the story of a precarious childhood, with an alcoholic father (who would die when she was 9) and a devoted but overburdened mother, and of the refuge a little girl took from the turmoil at home with her passionately spirited paternal grandmother. But it was when she was diagnosed with juvenile diabetes that the precocious Sonia recognized she must ultimately depend on herself. She would learn to give herself the insulin shots she needed to survive and soon imagined a path to a different life.With only television characters for her professional role models, and little understanding of what was involved, she determined to become a lawyer, a dream that would sustain her on an unlikely course, from valedictorian of her high school class to the highest honors at Princeton, Yale Law School, the New York County District Attorney’s office, private practice, and appointment to the Federal District Court before the age of 40.She speaks with warmth and candor about her invaluable mentors, a failed marriage, and the modern version of extended family she has created from cherished friends and their children. Through her still-astonished eyes, America’s infinite possibilities are envisioned anew in this warm and honest book, destined to become a classic of self-invention and self-discovery.

Redefining Rape: Sexual Violence in the Era of Suffrage and Segregation


Estelle B. Freedman - 2013
    elections confirms that it remains a word in flux. Redefining Rape tells the story of the forces that have shaped the meaning of sexual violence in the United States, through the experiences of accusers, assailants, and advocates for change. In this ambitious new history, Estelle Freedman demonstrates that our definition of rape has depended heavily on dynamics of political power and social privilege.The long-dominant view of rape in America envisioned a brutal attack on a chaste white woman by a male stranger, usually an African American. From the early nineteenth century, advocates for women's rights and racial justice challenged this narrow definition and the sexual and political power of white men that it sustained. Between the 1870s and the 1930s, at the height of racial segregation and lynching, and amid the campaign for woman suffrage, women's rights supporters and African American activists tried to expand understandings of rape in order to gain legal protection from coercive sexual relations, assaults by white men on black women, street harassment, and the sexual abuse of children. By redefining rape, they sought to redraw the very boundaries of citizenship.Freedman narrates the victories, defeats, and limitations of these and other reform efforts. The modern civil rights and feminist movements, she points out, continue to grapple with both the insights and the dilemmas of these first campaigns to redefine rape in American law and culture.

The State of The Nation


Fali S. Nariman - 2013
    In this timely volume, the author highlights crucial issues that the legislature, the executive, judiciary, the bar and the common people have to deal with virtually on a day-to-day basis. His main focus is on corruption at various levels and in ‘hallowed’ institutions, including the judiciary.The author contends that the legislative and executive wings of the government – the elected representatives of the people – were (and are) expected to provide for the welfare of the people. He points out that they have failed miserably simply because making of laws is not enough; applying and enforcing laws – which are also the primary duties of the government – have left much to be desired. Consequently, it is the judiciary that tells the government when and how to distribute excess food, what crops to grow and what not to grow, which economic projects are good for the country and which are not, and what fuel should be used in our vehicles and whether 2G/3G licenses should be allotted only through auctions! The judiciary is hence accused of overreach!The contents also throw light on other important subjects such as: the implications of reservations for certain sections of the population (including minorities); the true purpose and significance of the Constitution; Centre–state relations; and whether the Constitution has benefited the common people over the years.This is a book that is absorbing as well as thought-provoking that will make the readers put on their thinking caps.

The Conscience of the Constitution: The Declaration of Independence and the Right to Liberty


Timothy Sandefur - 2013
    They are building their own schools and learning to save themselves.

Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government


Clark M. Neily III - 2013
    But don’t blame just legislators and members of the executive branch for constantly overstepping their constitutional bounds. As Clark Neily argues in The Terms of Engagement, judges have more than their fair share of the blame. While liberals seek court rulings creating positive rights to things like free health care and conservatives call for judicial “restraint,” the end result is same: greater government power and diminished individual rights. With compelling real-world examples and penetrating legal analysis, Neily’s book shows how judicial abdication brought us to this point and calls for “judicial engagement” to restore courts as the critical check on the other branches of government envisioned by the Framers. Neily documents how courts have largely abandoned that vital role, and he offers a persuasive solution for the epidemic of judicial abdication: principled judicial engagement whereby judges actually judge in all constitutional cases, rather than reflexively taking the government’s side as they so often do now. Anyone concerned about the size of government, the sanctity of the Constitution, and the rule of law will find a refreshingly new perspective in this book written for non-lawyers and lawyers alike.

The UCC Connection: How To Free Yourself From Legal Tyranny


David E. Robinson - 2013
    A workman is worthy of his hire. 2. All are equal under the law. 3. In commerce, truth is sovereign. 4. Truth is expressed in the form of an affidavit. 5. An unrebutted affidavit stands as truth in commerce. 6. An unrebutted affidavit becomes judgment in commerce. 7. A matter must be expressed to be resolved. 8. He who leaves the field of battle first loses by default. 9. Sacrifice is the measure of credibility. 10. A lien or claim can be satisfied only through (a) rebuttal by counter affidavit point by point; (b) resolution by a jury; or (c) payment or performance of the claim.

Meet Your Strawman: And Whatever You Want to Know


David E. Robinson - 2013
    Your Strawman was created when you were very young, far too young to know anything about it. But then, it was meant to be a secret as it's purpose is to swindle you, and it has been used very effectively to do just that ever since it was created.

Bending Toward Justice: The Voting Rights Act and the Transformation of American Democracy


Gary May - 2013
    Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.

10 Judgements That Changed India


Zia Mody - 2013
    Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualises the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, "Ten Judgements That Changed India" is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy.

Cronicas negras


Sala Negra De El Faro Sala Negra De El Faro - 2013
    Recent civil wars brought a wave of deportees many of whom were gang members who initiated a new set of internal turf wars. In weak and corrupt states where victims have no voice, organized crime has found a fertile ground for violence and gain. At elfaro.net, the journalists that make up the hardline independent journalistic project called Sala Negra, have walked this dark pit for the past three years in the hopes that, by recording the violent events that shake the region, they will be able to understand its harsh reality.

A Wild Justice: The Death and Resurrection of Capital Punishment in America


Evan Mandery - 2013
    But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia's death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction.A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.

Breathing Life into the Stone Fort Treaty: An Anishinabe Understanding of Treaty One


Aimée Craft - 2013
    Using a detailed analysis of Treaty One – covering what is today southern Manitoba – she illustrates how Anishinabe laws (inaakonigewin) defined Treaty One negotiations and opened the door to a “gathering of spirit.” Those laws included the obligations and responsibilities that derive from the relationship to the land, the need to wait for all participants before negotiations began in order to respect their jurisdiction and decision making authority, and the rooting of the treaty relationship in kinship, including references to the Queen as a mother. These legal concepts and many more are examined in this book with the author illustrating how the terms of Treaty One were defined by such principles. Anishinabe laws (inaakonigewin) defined the settler-Anishinabe relationship well before the Treaty One negotiations in 1871 – for example the Selkirk Treaty of 1817 which in part laid the groundwork for Treaty One. While the focus of this book is on Treaty One, the principles of interpretation apply equally to all treaties with First Nations.

David Ball on Damages 3


David Ball - 2013
    new

The LSAT Trainer Presents: How To Study For The LSAT


Mike Kim - 2013
    If you put in the time, and if you prepare for it in the right way, you should expect significant improvement. However, the reality is that the vast majority of test takers do not prepare for it in the right way, and the vast majority of test takers underperform relative to their capacities. This book will help you study smarter, and study better.This book includes information about*the basic design of the LSAT*the common study patterns of top scorers &*the books, courses, and other study tools that are most popular with top students todayThis book will not give you tips and tricks to magically raise your score, and it is not meant to serve as the primary focus of your study process. However, if you are serious about getting a top score, this book can play a critical and valuable role in helping you get off to a good start, and ultimately reach your potential.Disclaimer:If you own The LSAT Trainer, or plan on purchasing it, you probably do not need to purchase this book, as most of it will be redundant. Also note that slightly altered versions of four of the chapters in this book (Introduction to the LSAT, Logical Reasoning, Logic Games, and Reading Comprehension) are available as free downloadable PDF's on the LSAT Trainer website. However, the PDF's do not have contain real sample LSAT questions; this primer contains 18 real LSAT questions.

That's Not What They Meant about Guns!


Michael Austin - 2013
    Acknowledging that the Constitution enshrines a clear and undeniable right to self-defense, and arguing that some limitations on this right have always existed, Austin charts a thoughtful and moderate course through the clashing absolutes that have dominated the gun-control debate for a generations.

The Classical Liberal Constitution: The Uncertain Quest for Limited Government


Richard A. Epstein - 2013
    Richard Epstein laments this complacency which, he believes, explains America's current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers' original text, and to the limited government this theory supports.

The People's Advocate: The Life and Legal History of America’s Most Fearless Public Interest Lawyer


Daniel Sheehan - 2013
    Sheehan traces his personal journey from his working-class roots through Harvard Law School and his initial career in private practice. His early disenchantment led to his return for further study at Harvard Divinity School, and rethinking the nature of his career. Eventually his role as President and Chief Trial Counselor for the famous Washington, D.C.-based Christic Institute would help define his role as America’s preeminent cause lawyer.In The People’s Advocate, Sheehan details “the inside story” of over a dozen historically significant American legal cases of the 20th Century, all of which he litigated. The remarkable cases covered in the book include both The Pentagon Papers Case in 1971 and The Watergate Burglary Case in 1973. In addition, Sheehan served as the Chief Attorney on The Karen Silkwood Case in 1976, which additionally revealed the C.I.A.’s Israeli Desk had been smuggling 98% bomb-grade plutonium to the State of Israel and to Iran. In 1984, he was the Chief Trial Counsel on The American Sanctuary Movement Case, establishing the right of American church workers to provide assistance to Central American political refugees fleeing Guatemalan and Salvadorian “death squads.” His involvement with the sanctuary movement ultimately led to Sheehan’s famous Iran/Contra Federal Civil Racketeering Case against the Reagan/Bush Administration, which he investigated, initiated, filed, and then litigated. The resulting “Iran/Contra Scandal” nearly brought down that Administration, leading Congress to consider the impeachment over a dozen of the top-ranking officials of the Reagan/Bush Administration.The People’s Advocate is the “real story” of these and many other historic American cases, told from the unique point of view of a central lawyer.

Crusader For Justice: Federal Judge Damon J. Keith


Peter J. Hammer - 2013
    Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, author Trevor W. Coleman presents the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Along the way, Coleman consults a host of Keith's notable friends and colleagues, including former White House deputy counsel John Dean, Supreme Court Justice Clarence Thomas, and industrialist Edsel Ford II for this candid and comprehensive volume. Coleman traces Keith's early life, from his public school days in Detroit to his time serving in the segregated U.S. army and his law school years at Howard University at the dawn of the Civil Rights era. He reveals how Keith's passion for racial and social justice informed his career, as he became co-chairman of Michigan's first Civil Rights Commission and negotiated the politics of his appointment to the federal judiciary. Coleman goes on to detail Keith's most famous cases, including the Pontiac Busing and Hamtramck Housing cases, the 1977 Detroit Police affirmative action case, the so-called Keith Case (United States v. U.S. District Court), and the Detroit Free Press v. Ashcroft case in 2002. He also traces Keith's personal commitment to mentoring young black lawyers, provides a candid look behind the scenes at the dynamics and politics of the Sixth Circuit Court of Appeals, and even discusses some of Keith's difficult relationships, for instance with the Detroit NAACP and Supreme Court Justice Clarence Thomas. Judge Keith's forty-five years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction in Crusader for Justice.

Coup: The Day the Democrats Ousted Their Governor, Put Republican Lamar Alexander in Office Early, and Stopped a Pardon Scandal


Keel Hunt - 2013
    history. Based on 160 interviews, Hunt describes how collaborators came together from opposite sides of the political aisle and, in an extraordinary few hours, reached agreement that the corruption and madness of the sitting Governor of Tennessee, Ray Blanton, must be stopped. The sudden transfer of power that caught Blanton unawares was deemed necessary because of what one FBI agent called "the state's most heinous political crime in half a century"--a scheme of selling pardons for cash.On January 17, 1979, driven by new information that some of the worst criminals in the state's penitentiaries were about to be released (and fears that James Earl Ray might be one of them), a small bipartisan group chose to take charge. Senior Democratic leaders, friends of the sitting governor, together with the Republican governor-elect Lamar Alexander (now U.S. Senator from Tennessee), agreed to oust Blanton from office before another night fell. It was a maneuver unique in American political history. "From the foreword by John L. Seigenthaler: ""The individual stories of those government officials involved in the coup--each account unique, but all of them intersecting--were scattered like disconnected pieces of a jigsaw puzzle on the table of history until the author conceived this book. Perhaps because it happened so quickly, and without major disagreement, protest, or dissent, this truly historic moment has been buried in the public mind. In unearthing the drama in gripping detail, Keel Hunt assures that the 'dark day' will be remembered as a bright one in which conflicted politicians came together in the public interest.

Mortal Sins: Sex, Crime, and the Era of Catholic Scandal


Michael D'Antonio - 2013
    He found a scandal in the making, confirmed by secret files revealing complaints that had been hidden from police and covered up by the Church hierarchy. He also understood that the United States judicial system was eager to punish offenders and those who aided them. He presented all of this to the American bishops, warning that the Church could be devastated by negative publicity and bankrupted by its legal liability. They ignored him.Meanwhile, a young lawyer listened to a new client describe an abusive sexual history with a priest that began when he was ten years old. His parents' complaints were downplayed by Church officials who offered them money to go away. The lawyer saw a claim that any defendant would want to settle. Then he began to suspect he was onto something bigger, involving thousands of priests who had abused countless children while the Church had done almost nothing about it. The lawsuit he filed would touch off a legal war of historic and global proportions.Part history, part journalism, and part true-crime thriller, Michael D'Antonio's Mortal Sins brings to mind landmark books such as All the President's Men, And the Band Played On, and The Informant, as it reveals a long and ferocious battle for the soul of the largest and oldest organization in the world.

Abuse of Discretion: The Inside Story of How the Supreme Court Failed in Roe v. Wade


Clarke D. Forsythe - 2013
    Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health.Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued.

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers (Aspen Coursebook Series)


Noah Messing - 2013
    The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn's previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the "best advice on legal writing I've ever seen."

Defending Battered Women on Trial


Elizabeth A. Sheehy - 2013
    This book looks at the legal response to battered women who killed their partners in the fifteen years since Lavallee. Elizabeth Sheehy uses trial transcripts and a detailed case study approach to tell, for the first time, the stories of eleven women, ten of whom killed their partners and one who did not. She looks at the barriers women face to "just leaving," how self-defence was argued in these cases, and which form of expert testimony was used to frame women’s experience of battering. Drawing upon a rich expanse of research from many disciplines, including law, psychology, history, sociology, women’s studies, and social work, she highlights the limitations of the law of self-defence, the successful strategies of defence lawyers, the costs to women undergoing a murder trial, and the serious difficulties of credibility that they face when testifying. In a final chapter, she proposes numerous reforms. In Canada, a woman is killed every six days by her male partner, and about twelve women per year kill their male partners. By illuminating the cases of eleven women, this book highlights the barriers to leaving violent men and the practical and legal dilemmas that face battered women on trial for murder.

A Journey Through Oligarch Valley


Yasha Levine - 2013
    It’s the main road connecting Northern and Southern California and the trick to navigating it is to set your cruise control to as close to 100 mph as you dare and gun it, eyes peeled for the sleek black CHP cruisers that prowl the highway. The 5 bisects the Central Valley, a giant tub 450 miles long and 50 miles wide in the heart of California. It is not a place in which motorists dawdle or on which any sane human mind dwells—and that suits the people who own it just fine. The area along the 5 from Silicon Valley to Los Angeles County is one of the most productive agricultural regions in the United States. The last thing they need is people realizing this and asking themselves, “Hmmm, I wonder who owns all this cow shit?”

The PowerScore LSAT Logic Games Bible 2013 Edition (The PowerScore LSAT Bible Series)


David M. Killoran - 2013
    This best-selling book will provide you with an advanced system for attacking any game that you may encounter on the LSAT. The concepts presented in the Logic Games Bible are representative of the techniques covered in PowerScore’s live courses and have consistently been proven effective for thousands of students. The PowerScore Logic Games Bible features and explains a detailed methodology for solving all aspects of Logic Games, including: • Recognizing game types and the proper way to represent rules • The methods for making inferences efficiently and accurately • Techniques for solving each question type • Detailed explanations for 30 official LSAT logic games • Time management strategies • Extensive drills to reinforce every major concept • A classification of every type of game that has appeared on the LSAT since June 1991 • Access to a unique website that provides additional materials to complement the book and answer frequently asked student questions.The Analytical Reasoning problems on the LSAT are often the most intimidating; however, once you understand how to construct an appropriate setup and make the necessary inferences, the solution to each question is quickly discovered.The following Game types are covered in detail:Basic Linear GamesAdvanced Linear GamesGrouping GamesGrouping and Linear Combination GamesMapping GamesPattern GamesSequencing GamesCircular Sequencing GamesNumerical Distribution GamesLimited Possibilities GamesThe Logic Games Bible can be supplemented by PowerScore’s LSAT Logic Games Workbook, LSAT Logic Games Setups Encyclopedia volume 1 and 2, and LSAT Game Type Training I and II publications. The Logic Games Bible is part of PowerScore's Trilogy, the definitive yet comprehensive guide to attacking all sections of the LSAT. The Trilogy includes the PowerScore LSAT Logic Games Bible, LSAT Logical Reasoning Bible, and LSAT Reading Comprehension Bible.PowerScore offers comprehensive LSAT, GMAT, GRE, SAT, and ACT live and online preparation classes. For more information about PowerScore’s publications or services, please visit PowerScore.com or contact PowerScore at (800) 545-1750.

Chasing Gideon: The Elusive Quest for Poor People's Justice


Karen Houppert - 2013
    Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants charged with a crime punishable by imprisonment of more than a year have the constitutional right to free legal counsel if they cannot afford their own. In the fifty years since the ruling, including the years of the national War on Drugs, the number of prosecutions in America’s courts has skyrocketed, now totaling approximately 13 million each year. Today, an estimated 80 percent of defendants are served by indigent defense.Chasing Gideon by veteran reporter Karen Houppert examines the legacy of this landmark decision, chronicling the cases of defendants across the country who have relied on Gideon’s promise. Houppert’s investigation takes her from Washington state, where overextended public defenders juggle impossible caseloads; and New Orleans, where systemic flaws are so pervasive at every level of the criminal justice apparatus that it occasionally nears collapse; to Georgia, where an underfunded capital defense program jeopardizes the efficacy of counsel in death penalty cases; and Florida, where revisiting the original Gideon lawsuit challenges basic assumptions about the right to legal counsel for the poor. These compelling narratives illuminate reform efforts as well as the critical problems that plague indigent defense in the United States, helping us to understand how and why it is failing, and what can be done to better fulfill Gideon’s promise.A half-century after Anthony Lewis’ award-winning Gideon’s Trumpet chronicled the story of the court case that changed the American justice system, Chasing Gideon picks up where Lewis’s book left off, bringing renewed attention to an essential aspect of our criminal justice system and offering keen insight into how we might save it.

Nancy Drew Diaries: #1-4


Carolyn Keene - 2013
    She and her best friends, Bess and George, solve cases using their powers of observation, deductive skills, and sharp intelligence—and their adventures are always full of suspense.This boxed set includes:- Curse of the Arctic Star- Strangers on a Train- Mystery of the Midnight Rider- Once Upon a Thriller.

Bottlenecks: A New Theory of Equal Opportunity


Joseph Fishkin - 2013
    But what does it mean? On close examination, the most attractive existing conceptions of equal opportunity turn out to be impossible to achieve in practice, or evenin theory. As long as families are free to raise their children differently, no two people's opportunities will be equal; nor is it possible to disentangle someone's abilities or talents from her background advantages and disadvantages. Moreover, given different abilities and disabilities, different people need different opportunities, confounding most ways of imagining what counts as equal.This book proposes an entirely new way of thinking about the project of equal opportunity. Instead of focusing on the chimera of literal equalization, we ought to work to broaden the range of opportunities open to people at every stage in life. We can achieve this in part by loosening thebottlenecks that constrain access to opportunities-the narrow places through which people must pass in order to pursue many life paths that open out on the other side. A bottleneck might be a test like the SAT, a credential requirement like a college degree, or a skill like speaking English. Itmight be membership in a favored caste or racial group. Bottlenecks are part of the opportunity structure of every society. But their severity varies. By loosening them, we can build a more open and pluralistic opportunity structure in which people have more of a chance, throughout their lives, to pursue paths they choose for themselves-rather than those dictated by limited opportunities. This book develops this idea and other elements of opportunity pluralism, then applies this approach to several contemporary egalitarian policy problems: class and access to education, workplaceflexibility and work/family conflict, and antidiscrimination law.

Totally Unofficial: The Autobiography of Raphael Lemkin


Raphaël Lemkin - 2013
    He invented the concept and word “genocide” and propelled the idea into international legal status.An uncommonly creative pioneer in ethical thought, he twice was nominated for the Nobel Peace Prize.  Although Lemkin died alone and in poverty, he left behind a model for a life of activism, a legacy of major contributions to international law, and—not least—an unpublished autobiography. Presented here for the first time is his own account of his life, from his boyhood on a small farm in Poland with his Jewish parents, to his perilous escape from Nazi Europe, through his arrival in the United States and rise to influence as an academic, thinker, and revered lawyer of international criminal law.

The Terror Courts: Rough Justice at Guantanamo Bay


Jess Bravin - 2013
    By the following January the first of these prisoners arrived at the U.S. military’s prison camp in Guantanamo Bay, Cuba, where they were subject to President George W. Bush’s executive order authorizing their trial by military commissions. Jess Bravin, the Wall Street Journal’s Supreme Court correspondent, was there within days of the prison’s opening, and has continued ever since to cover the U.S. effort to create a parallel justice system for enemy aliens. A maze of legal, political, and moral issues has stood in the way of justice—issues often raised by military prosecutors who found themselves torn between duty to the chain of command and their commitment to fundamental American values.While much has been written about Guantanamo and brutal detention practices following 9/11, Bravin is the first to go inside the Pentagon’s prosecution team to expose the real-world legal consequences of those policies. Bravin describes cases undermined by inadmissible evidence obtained through torture, clashes between military lawyers and administration appointees, and political interference in criminal prosecutions that would be shocking within the traditional civilian and military justice systems. With the Obama administration planning to try the alleged 9/11 conspirators at Guantanamo—and vindicate the legal experiment the Bush administration could barely get off the ground—The Terror Courts could not be more timely.

The Executioner's Heir: A Novel of Eighteenth-Century France


Susanne Alleyn - 2013
    He also has an infamous family name—and he’s trapped in a hideous job that no one wants.The last thing Charles ever wanted to be was a hangman. But he’s the eldest son of Paris’s most dreaded public official, and in the 1750s, after centuries of superstition, people like him are outcasts. He knows that the executioner’s son must become an executioner himself or starve, for all doors are closed to him; although he loathes the role and would much rather study medicine, society’s fears and prejudices will never let him be anything else. And when disaster strikes, family duty demands that Charles take his father’s place much sooner than he had ever imagined.Miles outside Paris, high-spirited François de La Barre is the carefree teenager who Charles would like to have been, instead of the somber public servant, bound by the Sansons’ motto of duty and honor, who carries out brutal justice in the king’s name. François proves, though, in the elegant, treacherous world of prerevolutionary France, to have a dangerous gift for making enemies . . . and when at last their paths converge, in this true story of destiny and conflicting loyalties, Charles must make a horrifying choice."Alleyn’s exhaustive research pays off handsomely in well-drawn characters and colorful historical context. ... A well-researched, robust tale featuring an endearing executioner." (Kirkus Reviews)"Charles’s personal crisis and clashing loyalties evoke Greek tragedy, and speak to the issues that will resonate with readers." (Publishers Weekly, starred review)

Property and Political Order in Africa: Land Rights and the Structure of Politics


Catherine Boone - 2013
    These differences produce patterned variations in relationships between individuals, communities, and the state. This book captures these patterns in an analysis of structure and variation in rural land tenure regimes. In most farming areas, state authority is deeply embedded in land regimes, drawing farmers, ethnic insiders and outsiders, lineages, villages, and communities into direct and indirect relationships with political authorities at different levels of the state apparatus. The analysis shows how property institutions - institutions that define political authority and hierarchy around land - shape dynamics of great interest to scholars of politics, including the dynamics of land-related competition and conflict, territorial conflict, patron-client relations, electoral cleavage and mobilization, ethnic politics, rural rebellion, and the localization and "nationalization" of political competition.

The Bill of Rights Primer: A Citizen's Guidebook to the American Bill of Rights


Akhil Reed Amar - 2013
    Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this pocket-sized volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this text is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.This elementary guidebook presents a short historical survey of the people, events, decrees, legislation, writings, and cultural milestones, in England and the American colonies, that influenced the Founding Fathers as they drafted the U.S. Constitution and Bill of Rights. With helpful comments and fun facts in the margins, the book will provide a deeper understanding of the Bill of Rights, exhibiting that it is not a stagnant document but one with an evolving meaning shaped by historical events, such as the American Civil War and Reconstruction.The authors have provided a glossary to aid in understanding, as well as three reference sections for those willing to continue on in their pursuit for knowledge.

A Question of Choice


Sarah Weddington - 2013
    . . . She recounts with clarity and fervor the remarkable story of how she, her husband and a few other lawyers, supported by a handful of doctors and pro-choice advocates, researched and prepared briefs invoking the 'right of privacy' defense as a main argument to challenge the Texas anti-abortion law."—Publishers WeeklyOn the fortieth anniversary of Roe v. Wade, women's reproductive freedom is just as contested as it was before abortion was made legal. Adding a new chapter to her celebrated book about the story behind that great legal challenge, Sarah Weddington brings up-to-date the status of choice and constitutional law.Sarah Weddington is an attorney and lecturer from Austin, Texas. She became a key figure in the reproductive rights movement when at the age of twenty-seven she successfully argued Roe v. Wade, the landmark court case that gave American women the right to abortion. She has served in the Texas House of Representatives and was a White House advisor to President Jimmy Carter. Weddington is currently a professor of law and women's studies and travels around the country lecturing on leadership and women's issues.

International Human Rights Law and Practice


Ilias Bantekas - 2013
    This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.

A Short and Happy Guide to Constitutional Law (Short and Happy Series)


Mark Alexander - 2013
    World-renowned Seton Hall Law Professor Mark Alexander carefully explains the key concepts involved in Con Law and also brings it home with straightforward explanations of why you are reading and discussing the cases you are assigned every day. The subject matter runs the gamut from Marbury v. Madison and the structural side of the course to Due Process and Equal Protection. In addition, he provides exam-taking tips, and general words of guidance on how to make it through law school, and beyond, to a rewarding legal career.

Nature's Trust: Environmental Law for a New Ecological Age


Mary Christina Wood - 2013
    As ecosystems collapse across the globe and the climate crisis intensifies, environmental agencies worldwide use their authority to permit the very harm that they are supposed to prevent. Growing numbers of citizens now realize they must act before it is too late. This book exposes what is wrong with environmental law and offers transformational change based on the public trust doctrine. An ancient and enduring principle, the trust doctrine asserts public property rights to crucial resources. Its core logic compels government, as trustee, to protect natural inheritance such as air and water for all humanity. Propelled by populist impulses and democratic imperatives, the public trust surfaces at epic times in history as a manifest human right. But until now it has lacked the precision necessary for citizens, government employees, legislators, and judges to fully safeguard the natural resources we rely on for survival and prosperity. The Nature's Trust approach empowers citizens worldwide to protect their inalienable ecological rights for generations to come.

Gun Control


Aaron B. Powell - 2013
    PowellIn this dialogue, a father discusses with his sons the issue of gun control, and the resulting impact that the infringement on America’s Second Amendment has on society.

Civil Code of the Philippines Annotated (Volume II) Property


Edgardo L. Paras - 2013
    

International Law


Jan Klabbers - 2013
    International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organizing the world. Bringing international law back to its first principles, the book is organised around four questions: where does it come from? To whom does it apply? How does it resolve conflict? What does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning.

A Student's Guide to Law School: What Counts, What Helps, and What Matters


Andrew B. Ayers - 2013
    It can also be an exhausting, self-limiting trap. It all depends on making smart decisions. When every advantage counts, A Student’s Guide to Law School is like having a personal mentor available at every turn.As a recent graduate and an appellate lawyer, Andrew Ayers knows how high the stakes are—he’s been there, and not only did he survive the experience, he graduated first in his class. In A Student’s Guide to Law School he shares invaluable insight on what it takes to make a successful law school journey. Originating in notes Ayers jotted down while commuting to his first clerkship with then-Judge Sonia Sotomayor, and refined throughout his first years as a lawyer, A Student’s Guide to Law School offers a unique balance of insider’s knowledge and professional advice.Organized in four parts, the first part looks at tests and grades, explaining what’s expected and exploring the seven choices students must make on exam day. The second part discusses the skills needed to be a successful law student, giving the reader easy-to-use tools to analyze legal materials and construct clear arguments. The third part contains advice on how to use studying, class work, and note-taking to find your best path. Finally, Ayers closes with a look beyond the classroom, showing students how the choices they make in law school will affect their career—and even determine the kind of lawyer they become.The first law school guide written by a recent top-ranked graduate, A Student’s Guide to Law School is relentlessly practical and thoroughly relevant to the law school experience of today’s students. With the tools and advice Ayers shares here, students can make the most of their investment in law school, and turn their valuable learning experiences into a meaningful career.

Common Law Handbook: For Juror's, Sheriff's, Bailiff's, and Justice's


David E. Robinson - 2013
    We are establishing Common Law Grand Juries in all 3,141 counties in the United States of America. By doing this the people will move our Courts back to "Courts of Justice" and take 100% control of our government. Watch the video "Power of the Grand Jury." THE DUTY OF THE "COMMON LAW GRAND JURY is to right any wrong. If anyone's unalienable rights have been violated, or removed, without a legal sentence of their peers, the Grand Jury can restore them. In addition, if a dispute shall arise concerning this matter it shall be settled according to the judgment of the Grand Jurors, the Sureties of the peace. IN A US SUPREME COURT STUNNING 6 TO 3 DECISION JUSTICE ANTONIN SCALIA, writing for the majority, confirmed that the American grand jury is neither part of the judicial, executive nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government "governed" and "administered" directly by and on behalf of the American people, and its authority emanates from the "Bill of Rights" and has the power to enforce law and remove people from PUBLIC office. FREQUENTLY ASKED QUESTIONS: Q: Once I register what happens next? A: If you want to be an active full time or part time Grand Jurist notify one of your county coordinators and they will assist you, you can find them listed under county coordinator at www.NationalLibertyAlliance.org - Otherwise your name will go into the jury pool and you will receive a phone call occasionally to participate as a trial or grand jurist. Q: Do I have to serve when I get the call? A: No. If you cannot participate at that time, we will recycle your name, no questions asked. Q: When I am called how long will I be needed for? A: Usually 1-3 days, you will be given that information and the dates in order to decide if you can participate. Q: What do I do now? A: Go to www.NationalLibertyAlliance.org and Register. After you register you will be taken to an "Orientation Page" and you will be instructed further, please read carefully that page.

A Question of Choice: Roe V. Wade


Sarah Weddington - 2013
    Bill ClintonA milestone. . . . Here she recounts with clarity and fervor the remarkable story of how she, her husband and a few other lawyers, supported by a handful of doctors and pro-choice advocates, researched and prepared briefs invoking the 'right of privacy' defense as a main argument to challenge the Texas anti-abortion law. Publishers WeeklyOn the fortieth anniversary of Roe v. Wade, women's reproductive freedom is just as contested as it was before abortion was made legal. Adding a new chapter to her celebrated book about the story behind that great legal challenge, Sarah Weddington brings up-to-date the status of choice and constitutional law.Sarah Weddington is an attorney and lecturer from Austin Texas. She became a key figure in the reproductive rights movement when at the age of twenty-seven she successfully argued Roe v. Wade, the landmark court case that gave American women the right to abortion. She has served in the Texas house of representatives, and was a White House advisor to President Jimmy Carter. Weddington travels the country, lecturing on leadership and women's issues.

101 Law Forms for Personal Use


Editors of Nolo - 2013
    bills of sale for buying and selling personal property. promissory notes for lending and borrowing money. a basic will form and general power of attorney form. contracts for in-home child care. authorizations for when your children are in the care of others. releases to settle disputes. powers of attorney. contracts for home repair and remodeling. and much, much more This edition is completely updated for accuracy and ease of use, and now provides a power of attorney for real estate, security agreement and identify-theft worksheet. -- With Downloadable Forms

The Iranian Talmud: Reading the Bavli in Its Sasanian Context


Shai Secunda - 2013
    Delving deep into Sasanian material culture and literary remains, Shai Secunda pieces together the dynamic world of late antique Iran, providing an unprecedented and accessible overview of the world that shaped the Bavli.Secunda unites the fields of Talmudic scholarship with Old Iranian studies to enable a fresh look at the heterogeneous religious and ethnic communities of pre-Islamic Iran. He analyzes the intercultural dynamics between the Jews and their Persian Zoroastrian neighbors, exploring the complex processes and modes of discourse through which these groups came into contact and considering the ways in which rabbis and Zoroastrian priests perceived one another. Placing the Bavli and examples of Middle Persian literature side by side, the Zoroastrian traces in the former and the discursive and Talmudic qualities of the latter become evident. The Iranian Talmud introduces a substantial and essential shift in the field, setting the stage for further Irano-Talmudic research.

Essential Latin Vocabulary: The 1,425 Most Common Words Occurring in the Actual Writings of over 200 Latin Authors


Mark A.E. Williams - 2013
    It also serves as a resource for instructors and tutors. The text presents 1,425 words that allow a student to comprehend about 95 percent of all the vocabulary they will ever see in an actual Latin text. The terms found in the present book have been culled from statistical analyses of the works of more than two hundred authors in order to identify the core vocabulary. Were students to start out by learning the 25 most common words on this list, an astonishing 29 percent of all the vocabulary ever needed would be at their command. If a student masters the 300 most frequent words in this list, well over half of all the vocabulary necessary for fluent reading will be theirs. The goal of the book is to provide the student with the most efficient way to learn vocabulary. Chapters 1 and 2, in particular, are designed for drill, review, and study. The first chapter draws together all words that share the same grammatical classification. For example, all third declension neuter nouns are brought together in one place, with their definitions. By listing the vocabulary in grammatical groups, all the words that share a set of endings are assembled for the student: vocabulary and endings thus reinforce each other. Furthermore, each list of terms is broken down into groups of five words for ease in drawing up vocabulary lists to work with. Within the grammatical lists, each part of speech is preceded by an account of how the terms within are distributed. A student thus quickly learns that while there are 413 verbs that need to be mastered, well over one-third of these (157) are found in the third conjugation, while only about one per-cent (21) will be found in the fourth conjugation. With such information, independent students or instructors can prioritize their study and assignments more appropriately. In the second chapter, large parts of the vocabulary, with their attendant definitions, are regrouped by topics. A student who wishes, therefore, to focus on nature, human emotions, or military issues, will find such vocabulary conveniently grouped together. Chapter three lists the vocabulary terms from the most frequently occurring words to the least frequent. Students or instructors who wish to lean more heavily on the most (or least!) frequently occurring terms within their drills and studies can thus consult this frequency list. After the frequency list, the fourth chapter presents an alphabetical index of the terms. Two final chapters close the text. The first is a list of endings and paradigms for nouns, adjectives and verbs. Complete paradigms and endings are given for review. The final chapter provides the student with an additional one hundred words that are uniquely common in the Latin of the Middle Ages. These one hundred words, if added to the mix, would give the student a Mediaeval vocabulary that would match the efficiency of the Classical vocabulary that is the main focus of the book. For the effort of learning an additional one hundred words, another 1,000 years of Latin texts open up before the student. As a whole, then, this book offers the vocabulary that forms the core of one thousand seven hundred years of Latin literature. If the goal is to learn to read Latin with joy and ease, then the vocabulary terms in this book are one of the major keys to success. By learning these terms, a student's vocabulary should be ready to tackle the Latin of any era from the Classical period to the Renaissance.

Peace, Love, and Pepper Spray


Amber Lyon - 2013
    

International Handbook of Threat Assessment


J. Reid Meloy - 2013
    Beginning with studies by the U.S. Secret Service twenty years ago, the research and interest in this field has accelerated over the past decade with published scholarship and emerging professional organizations.International Handbook of Threat Assessment offers a definition of the foundations of threat assessment, systematically explores its fields of practice, and provides information and instruction on the best practices of threat assessment. The volume is divided into three sections. Section I definesthe difference between threat assessment and traditional violence risk assessment and discusses threat assessment terminology and practice, contemporary understanding of threats, warning behaviors concerning targeted violence, and the legal basis of threats and targeted violence interventions.Section II elaborates on the various domains of threat assessment, such as workplace violence, public figure attacks, school and campus violence, insider threats, honor-based violence, computer-modeling of violent intent, targeted domestic violence, anonymous threats, and cyberthreats. Section IIIpresents the functions of a number of threat assessment individuals and units, including the UK Fixated Threat Assessment Centre, the LAPD Threat Management Unit, Australia's Problem Behaviour Program, and the U.S. Navy Criminal Investigative Service, among others. This book will serve as thestandard reference volume in the field of threat assessment and will be invaluable to mental health and criminal justice professionals who practice threat assessment or are interested in understanding this new field of research.

Baseball Trust: A History of Baseball's Antitrust Exemption


Stuart Banner - 2013
    And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing aboutit-that baseball is exempt.In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seenthrough the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball isexempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball hasconsistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America.As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball'sexemption from antitrust law-that makes no sense at all.

Antitrust Analysis: Problems, Text, and Cases


Phillip E. Areeda - 2013
    The text continues to be revised by two of the leading lawyer economists of the early 21st century. This traditional casebook is also known for its pedagogy (cases, explanatory text, and problems) and insightful text that convey essentials background information along with necessary economic principles. Helpful appendices includes Selected Statutes--the Sherman Act, the Clayton Act, and the Federal Trade Commission Act.The Seventh Edition incorporates the latest Supreme Court and Circuit Court cases, legal changes, and developments in the law. A revised section on distributional restraints takes account of Leegin, and an updated chapter explores 2010 Merger Guidelines. Many important contemporary discussions have been updated, such as improved intellectual property, market definition, and collusion.Features:- distinguished authorship- Areeda--the leading antitrust commentator of the 20th century- Kaplow and Edlin--among the leading lawyer economists of the early 21st century- solid pedagogy: traditional casebook with cases, explanatory text and problems- insightful text conveys essential background and necessary economic principles- helpful appendices with selected statutes: the Sherman Act, the Clayton Act, the Federal Trade Commission Act- adopted at all levels of law schoolsThoroughly updated, the revised Seventh Edition presents:- latest Supreme Court and Circuit Court cases, legal changes, and developments in law- revised section on distributional restraints to take account of Leegin- revised merger chapter with 2010 Merger Guidelines- enhanced discussion of essential modern issues- intellectual property- market definition- collusion

Transconstitutionalism


Marcelo Neves - 2013
    Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

Introduction to the Hong Kong Basic Law


Danny Gittings - 2013
    It guaranteed a high degree of autonomy to Hong Kong, enshrined the rights and freedoms of its residents, and preserved a separate, common law system maintained by an independent judiciary. This introduction discusses the origins of Basic Law and the concepts and legal issues surrounding it. After reviewing the first fifteen years of its implementation, the text revisits the content of Basic Law, especially in relation to Hong Kong's political system, judiciary, and human rights. Intended for students of law, politics, and other related disciplines, this volume - the only short introduction on the subject - will also appeal to general readers interested in Hong Kong's experience under the "one country, two systems" mandate.

Reconstructing Contracts


Douglas G. Baird - 2013
    Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow?For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore's The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules.In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes's principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

The Constitution: A Collection of Historically Important Communications of the United States of America


Dalmatian Press - 2013
    Contains:Constitution of the United StatesDeclaration of IndependenceTreaty of Paris (1783)The Gettysburg AddressThe Star-Spangled BannerPledge of AllegianceI Have a Dream

Pakistan's Experience with Formal Law: An Alien Justice


Osama Siddique - 2013
    Common to their equally obsessive pursuit of 'speedy justice' is a remarkable obliviousness to the historical, institutional and sociological factors that alienate Pakistanis from their formal legal system. This pioneering book highlights vital and widely neglected linkages between the 'narratives of colonial displacement' resonant in the literature on South Asia's encounter with colonial law and the region's post-colonial official law reform discourses. Against this backdrop, it presents a typology of Pakistani approaches to law reform and critically evaluates the IFI funded single-minded pursuit of 'efficiency' during the last decade. Employing diverse methodologies it proceeds to provide empirical support for a widening chasm between popular, at times violently expressed, aspirations for justice and democratically deficient reform designed in distant IFI headquarters that is entrusted to the exclusive and unaccountable Pakistani 'reform club.'Review One"A fascinating and troubling study of Pakistan's judicial system: its history misunderstood by its acolytes, its practice unaltered by countless reforms, its operations a tribulation for its constituents. Siddique analyzes the limits of scholarly reflection and well intentioned reform by placing them alongside the perceptions, strategies and experiences of those who use the system. A powerful and broad-ranging cautionary tale."David KennedyManley O. Hudson Professor of Law Director of the Institute for Global Law and PolicyHarvard Law SchoolReview Two“This book is a tour de force, bringing together the often forgotten history of British law in colonial India with the important if not at all encouraging story of massively foreign funded rule of law programs in present day Pakistan. The history is a crisp summary, followed by a fascinating first person participant observer report of how rule of law projects actually operate, and a pioneering empirical study of litigation on the ground in a provincial court. Siddique’s innovative multi-disciplinary approach could be a model for similar breakthroughs across the global south.”Duncan KennedyCarter Professor of General JurisprudenceHarvard Law SchoolReview Three“Osama and I met when he took my research seminar in human rights 15 years ago. In some senses, he was even then on track toward this new book. His exceptional qualities and talents that showed in that earlier period – probity, tenacity in his research and discipline in his writing, a probing intelligence, fresh analysis, endowing his project with imaginative scope and purpose – have only become the more striking. The present work is not easy for the reader to grasp. It demands effort to digest deep description and evaluation. And it rewards that effort. The major themes that Osama develops and methods that he employs set the book apart from most legal scholarship. Political and other historical context informs the description of legal doctrine and its evolution during the period discussed. He deplores the inadequate attention given to Pakistan’s colonial past and its effects on post-colonial Pakistan’s legal system, discourse and reform projects. Discussion ranges from the theoretical framework to descriptions derived from empirical methods of the ordinary lives and experiences of those subject to that system. The author’s critical sense is at work throughout, from evaluation of historical and contemporary approaches to law reform to the use by outside funders of notions like efficiency to direct reform projects. Vaut le voyage.”Henry J. SteinerJeremiah Smith, Jr. Professor of Law, EmeritusHarvard Law SchoolReview Four“Pakistan’s Experience with Formal Law is a critical exploration of a system that is simultaneously familiar and alien. It departs decisively from all the official and approved pronouncements on legal reform, combining a rich experiential account of the frustrations of law in Pakistan (and throughout South Asia) with a provocative analysis of impoverished agendas of reform that fail to address the perplexities of the post-colonial legal situation.”Marc GalanterJohn & Rylla Bosshard Professor Emeritus of Law and South Asian StudiesUniversity of Wisconsin-MadisonCentennial Professor, Department of LawLondon School of Economics and Political ScienceReview Five“Osama Siddique has produced a theoretically informed and historically grounded study of Pakistan’s engagement with formal law. This book makes a compelling argument that history matters and the perceptions of ordinary citizens are relevant in crafting a meaningful course towards legal reform. Historians, lawyers, social scientists and policy-makers will read it with profit."Sugata BoseGardiner Professor of Oceanic History and AffairsHarvard University

The Federalist Society: How Conservatives Took the Law Back from Liberals


Michael Avery - 2013
    Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House.Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies.The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters onregulation of business and private property;race and gender discrimination and affirmative action;personal sexual autonomy, including abortion and gay rights; andAmerican exceptionalism and international law.

The Piracy Crusade: How the Music Industry's War on Sharing Destroys Markets and Erodes Civil Liberties


Aram Sinnreich - 2013
    Piracy is a scourge on legitimate businesses and hard-working artists, we are told, a "cybercrime" similar to identity fraud or even terrorism.In The Piracy Crusade, Aram Sinnreich critiques the notion of "piracy" as a myth perpetuated by today's cultural cartels -- the handful of companies that dominate the film, software, and especially music industries. As digital networks have permeated our social environment, they have offered vast numbers of people the opportunity to experiment with innovative cultural and entrepreneurial ideas predicated on the belief that information should be shared widely. This has left the media cartels, whose power has historically resided in their ability to restrict the flow of cultural information, with difficult choices: adapt to this new environment, fight the changes tooth and nail, or accept obsolescence. Their decision to fight has resulted in ever stronger copyright laws and the aggressive pursuit of accused infringers.Yet the most dangerous legacy of this "piracy crusade" is not the damage inflicted on promising start-ups or on well-intentioned civilians caught in the crosshairs of file-sharing litigation. Far more troubling, Sinnreich argues, are the broader implications of copyright laws and global treaties that sacrifice free speech and privacy in the name of combating the phantom of piracy -- policies that threaten to undermine the foundations of democratic society.

Killer Weed: An Ed Rosenberg Mystery


Michael Castleman - 2013
    Ed's reporter’s instinct leads him to investigate the unsolved murder of Gene’s mother, a low-level pot dealer brutally killed in Golden Gate Park in 1968. Meanwhile, Ed’s wife Julie has become the media maven for mayoral candidate Dave Kirsch, a former pot dealer and the author of best-selling guides to growing weed. In front of Julie’s eyes, Kirsch is assassinated: suddenly Ed has another crime to unravel. Ed’s research into Haight-Ashbury’s tie-dyed past introduces him to a rogue’s gallery of aging hippies, who, he discovers, may have been involved in Kirsch’s demise. Then bullets start flying at Ed. Killer Weed is a fast-paced, ingeniously plotted novel that brings the underground worlds of old and new San Francisco vividly to life. You’ll want to turn on, tune in, and drop everything to reach the surprising, deeply satisfying conclusion in this gripping yarn from best-selling Northern California author Michael Castleman.

It Doesn't Have to Be That Way: How to Divorce Without Destroying Your Family or Bankrupting Yourself


Laura A. Wasser - 2013
    

The Death of Punishment: Searching for Justice among the Worst of the Worst


Robert Blecker - 2013
    The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives.The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.

Tallinn Manual on the International Law Applicable to Cyber Warfare


Michael N. Schmitt - 2013
    It addresses topics including sovereignty, State responsibility, the jus ad bellum, international humanitarian law, and the law of neutrality. An extensive commentary accompanies each rule, which sets forth the rule's basis in treaty and customary law, explains how the group of experts interpreted applicable norms in the cyber context, and outlines any disagreements within the group as to each rule's application.

Gospel Justice: Joining Together to Provide Help and Hope for those Oppressed by Legal Injustice


Bruce D. Strom - 2013
    We are given the example of the Good Samaritan serving a victim in need, no matter the stigmas attached. But how are we to do this amidst the complexities of the current system?Bruce Strom left a successful legal career to start Administer Justice, a nonprofit organization providing free legal care to our most vulnerable neighbors. Gospel Justice calls churches across the nation to transform lives by serving both the spiritual and legal needs of the poor through participation in the Gospel Justice Initiative. It is not only a book for lawyers or pastors, though. Bruce Strom is calling each of us, the whole body of Christ, to join the cause of legal justice for the oppressed.

Disabled Education: A Critical Analysis of the Individuals with Disabilities Education Act


Ruth Colker - 2013
    On the face of it, theIDEA is a shining example of law's democratizing impulse. But is that reallythe case? In Disabled Education, Ruth Colker digs deep beneath theIDEA's surface and reveals that the IDEA contains flaws that were evident atthe time of its enactment that limit its effectiveness for poor and minoritychildren.Both anexpert in disability law and the mother of a child with a hearing impairment, Colker learned first-hand of the Act's limitations when she embarked on a legalbattle to persuade her son's school to accommodate his impairment. Colker wasable to devote the considerable resources of a middle-class lawyer to herstruggle and ultimately won, but she knew that the IDEA would not havebenefitted her son without her time-consuming and costly legal intervention.Her experience led her to investigate other cases, which confirmed hersuspicions that the IDEA best serves those with the resources to advocatestrongly for their children. The IDEAalso works only as well as the rest of the system does: struggling schools thatserve primarily poor students of color rarely have the funds to provideappropriate special education and related services to their students withdisabilities. Through a close examination of the historical evolution of theIDEA, the actual experiences of children who fought for their education incourt, and social science literature on the meaning of "learning disability,"Colker reveals the IDEA's shortcomings, but also suggests ways in whichresources might be allocated more evenly along class lines.

A New Introduction to American Constitutionalism


Mark A. Graber - 2013
    Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States

The Oxford Handbook of International Human Rights Law


Dinah Shelton - 2013
    It contains substantial new essays by more than forty leading experts in the field, giving students, scholars, and practitioners a complete overview of the issues that inform research, as well as a 'map' of the debates that animate the field. Each chapter features a critical and up-to-date analysis of the current state of debate and discussion, assessing recent work and advancing the understanding of all aspects of this developing area of international law.The Handbook consists of 39 chapters, divided into seven parts. Parts I and II explore the foundational theories and the historical antecedents of human rights law from a diverse set of disciplines, including the philosophical, religious, biological, and psychological origins of moral development and altruism, and sociological findings about cooperation and conflict. Part III focuses on the law-making process and categories of rights. Parts IV and V examine the normative and institutional evolution of human rights, and discuss this impact on various doctrines of general international law. The final two parts are more speculative, examining whether there is an advantage to considering major social problems from a human rights perspective and, if so, how that might be done: Part VI analyses current problems that are being addressed by governments, both domestically and through international organizations, and issues that have been placed on the human rights agenda of the United Nations, such as state responsibility for human rights violations and economic sanctions to enforce human rights; Part VII then evaluates the impact of international human rights law over the past six decades from a variety of perspectives.The Handbook is an invaluable resource for scholars, students, and practitioners of international human rights law. It provides the reader with new perspectives on international human rights law that are both multidisciplinary and geographically and culturally diverse.

The Texas Supreme Court: A Narrative History, 1836-1986


James L. Haley - 2013
    Offers a lively narrative history of Texas's highest court and how it helped to shape the Lone Star State during its first 150 years

Gender and the Law


Joanne Conaghan - 2013
    It presents a clear, concise introduction to thinking about gender issues for lawyers and law students.

Obscenity Rules: Roth V. United States and the Long Struggle Over Sexual Expression


Whitney Strub - 2013
    But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of Roth v. United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment.The Supreme Court's 6-3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law--and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity's meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times--the Kinsey Reports, the Kefauver hearings, free speech debates--by using Roth's own private papers along with the records of the various prosecutions and the memos of the justices.The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan's majority opinion--which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept obscene expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan's written words necessarily acknowledged.In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of Roth and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

Jury Nullification: The Evolution of a Doctrine


Clay S Conrad - 2013
    This was what the Founding Fathers feared, and this is the reason why they guaranteed trial by jury three times in the Constitution - more than any other right. In Jury Nullification, author Clay Conrad examines the history, the law, and the practical and political implications of jury independence, examining in depth the role of nullification in capital punishment law, the dark side of jury nullification in Southern lynching and civil rights cases, and the purpose and legal effect of the juror's oath. This book should be of interest to historians, trial lawyers, criminologists, political scientists, and anyone interested in knowing how our criminal justice system works - and how to make it better.

Introduction to Criminal Justice: A Sociological Perspective


Charis Elizabeth Kubrin - 2013
    It empowers students to develop expertise in criminal justice and understand how its central tenets are informed by broader sociological principles and concepts, such as power, race, gender, and class.This text is organized around five themes: justice, police, courts, corrections, and crime control. Offering both foundational and contemporary texts, theoretical and empirical discussions, and quantitative and qualitative approaches, the readings underscore the inextricable relationship between social structures and the criminal justice system. This comprehensive text will expose students to some of the best thinking and research in the field.

The Fox LSAT Logical Reasoning Encyclopedia: Disrespecting the LSAT


Nathan Fox - 2013
    that's four times as many as Powerscore's LR Bible. In his down-to-earth, irreverent style, Nathan walks you through actual LSAT questions, demystifying the confusing world of logical reasoning and showing you how to dominate the test. He breaks down methods that will help you see through the BS and nail every single type of LR question, sharing approaches that stick with you when you finally sit down for the big day.By using the strategies that have garnered rave reviews from his students in San Francisco and from readers of the Fox Test Prep Guide to a Real LSAT series, Nathan will show you how to save time on the LSAT so you can focus your energy on the truly challenging questions.No nonsense. No made-up, trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. Plus, you'll also find out how to contact Nathan directly with your questions.So grab a pencil and crack this book. Let's get it on.

Accountability Citizenship


Stephen P. Tryon - 2013
    Striving to maintain a centrist perspective, Tryon presents a tool kit to empower citizen participation in the American political process. Technological changes in the way we present and process information coupled with inherent features of the free press have changed the nature of the individual citizen's engagement with our elected public servants.Accountability Citizenship explains how we can restore accountability in government by accepting our personal accountability for some simple tasks we must do as individual citizens living in the age of information. The book is non-partisan. Readers are asked only to agree on the very basics-that the government of the United States is supposed to represent the people of the United States.The author makes a compelling case that changes in our information distribution technologies and business models discourage effective political participation by citizens. In the early days of our republic, information distribution was based on newspapers-subscription-based and geographically aligned with the representative structure of Congress. Over the past forty years, deregulation of television and radio along with the information technology revolution have disrupted this alignment. But we can restore accountability through the three steps of accountability citizenship: being appropriately positive, appropriately informed and appropriately engaged.

In the Light of Justice: The Rise of Human Rights in Native America and the UN Declaration on the Rights of Indigenous Peoples


Walter Echo-Hawk - 2013
    United States endorsement in 2010 ushered in a new era of Indian law and policy. This book highlights steps that the United States, as well as other nations, must take to provide a more just society and heal past injustices committed against indigenous peoples.

The New York Times The Times of the Seventies: The Culture, Politics, and Personalities that Shaped the Decade


Clyde Haberman - 2013
    Organized by sections such as national news, business, science & health, sports, arts & entertainment, life & style, the articles include coverage of historic events like the Watergate scandal, the end of the Vietnam War, the 1973 oil crisis, and the Iranian Revolution of 1979; cultural highlights like the break-up of the Beatles, the rise of disco, reviews of movies like Star Wars, The Godfather, Jaws, and Saturday Night Fever, and features on musicians like Jimi Hendrix, Janis Joplin, the Bee Gees, and Patti Smith; plus pieces on influential personalities such as Gloria Steinem, Bobby Fischer, and Farrah Fawcett and pivotal political figures like Richard Nixon, Pol Pot, and Augusto Pinochet. The stories are written by the great Times writers, including Murray Schumach, Nan Robertson, Craig Claiborne, Mimi Sheraton, Meyer Berger, R.W. Apple, Jr., John Rockwell, Clive Barnes, and John Russell. Editor Clyde Haberman has selected each and every article and guides readers through the stories, putting the events into historical context and exploring the impact these events and individuals eventually had on the future. Also included are hundreds of color photographs from the Times and other sources. Also available from Black Dog & Leventhal Publishers is The New York Times: The Times of the Eighties (978-1-57912-933-0)

The Truth About the Psychophysiological Detection of Deception Examination (Polygraph): Everything You Ever Wanted to Know About Lie Detector Tests: Written By a Renowned Polygraph Administrator


Michael J. Woodrow - 2013
     "Great read, I highly recommend this eBook" Paula, Y. This eBook will provide the reader a clear understanding of the Art and Science behind the Polygraph examination which up until this point has never been so thoroughly explained by an active academic and law enforcement officer. Have you ever wondered if the “Lie Detector” was a legitimate tool to determine deception? This clear, easy-to understand book simplifies the arena of Psychophysiology with clear concise data as well as real-life experiences from the author as well as other practitioners in the field. Whether you’re a college student, academic, legal and or law enforcement professional, or simply interested in researching the polygraph, The Truth about the: Psychophysiological Detection of Deception Examination (Polygraph) is the most comprehensive resource available anywhere. What’s more, this book offers actual real-life criminal case polygraph examinations and their outcomes. “Whether you’re a college student, academic, legal and or law enforcement professional, or simply interested in researching the polygraph, The Truth about the: Psychophysiological Detection of Deception Examination (Polygraph) is the most comprehensive resource available anywhere.” It seems like lie detector tests are everywhere these days; TV, job sites, court rooms, and the police department. But do they even work? And if they work, how? And just how accurate is a polygraph anyway? All these questions and more will be answered when you start reading this book!

The Oxford Handbook of International Law in Armed Conflict


Andrew Clapham - 2013
    An authoritiative and comprehensive study of the role of international law in armed conflicts, this Oxford Handbook engages in a broad analysis of international humanitarian law, human rights law, refugee law, international criminal law, environmental law, and the law on the use of force. With an international group of expert contributors, this book has a global, multi-disciplinary perspective on the place of law in war.The Handbook consists of 35 Chapters in seven parts. Part A provides the historical background and sets out some of the contemporary challenges. Part B considers the relevant sources of international law. Part C describes the different legal regimes: land warfare, air war fare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part D introduces crucial concepts in international humanitarian law: weapons and the concepts of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, and internal armed conflict. Part E looks at fundamental rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, the human rights of the members of the armed forces, and the protection of children. Part F covers important issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, refugee law, and the issues of gender in times of armed conflict. Part G deals with accountability issues including those related to private security companies and armed groups, as well as questions of state responsibility brought before national courts and issues related to transitional justice.

The Secret Power of Juries: What Jurors in Canada Aren't Being Told about Their Rights -- And What We Can Do about It


Gary Bauslaugh - 2013
    What they don't know is how far that right actually goes, and what the real power of juries is.Sometimes people -- even jurors -- wonder if a law or a judgment in a particular case is a just one. When the law seems wrong, we are told there is only one solution: change the law.In fact, though, in our legal system there is another remedy: When jurors decide that to question the fairness of applying the law in the case they are deciding may lead to a manifestly unfair and unjust result, they have the right not to apply that law. However, in Canada it is illegal and completely forbidden for a trial lawyer, or even a judge to tell jurors they have this right to nullify the law.In the Canadian justice system, jurors can hand down a verdict of not guilty even if the facts pointing to guilt are clear, even if the accused doesn't deny the facts, even if the judge tells the jurors to find the accused guilty. This centuries-old safeguard, which goes along with the principle of jury independence, has protected people's rights and freedoms and helped sweep away laws that ordinary citizens think are outdated and unjust.This power of juries is known to the legal community -- but is largely unknown by the general public -- until now. Gary Bauslaugh, author of Robert Latimer, A Story of Justice and Mercy (Lorimer, 2010), learned the specifics of this matter as a result of his research around the Robert Latimer case. In his new book, written for non-expert readers and citizens who have been summoned for jury duty, he tells the story of jury nullification from Quaker leader William Penn to the modern-day acquittal of Henry Morgentaler, who was charged with conducting abortions. Bauslaugh then lays out the arguments that some people make against jury independence and nullification, and makes his own argument in favour of these safeguards. He offers suggestions for jurors who may find themselves in a situation where their consciences are at odds with the law.

Education, Justice, and Democracy


Danielle S. Allen - 2013
    For years scholars have approached it from two different points of view: one empirical, focused on explanations for student and school success and failure, and the other philosophical, focused on education’s value and purpose within the larger society. Rarely have these separate approaches been brought into the same conversation. Education, Justice, and Democracy does just that, offering an intensive discussion by highly respected scholars across empirical and philosophical disciplines. The contributors explore how the institutions and practices of education can support democracy, by creating the conditions for equal citizenship and egalitarian empowerment, and how they can advance justice, by securing social mobility and cultivating the talents and interests of every individual. Then the authors evaluate constraints on achieving the goals of democracy and justice in the educational arena and identify strategies that we can employ to work through or around those constraints. More than a thorough compendium on a timely and contested topic, Education, Justice, and Democracy exhibits an entirely new, more deeply composed way of thinking about education as a whole and its importance to a good society.

Constitutional Courts and Deliberative Democracy


Conrado Hübner Mendes - 2013
    This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected bythat insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced.This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.

Last Chance for Justice: How Relentless Investigators Uncovered New Evidence Convicting the Birmingham Church Bombers


T.K. Thorne - 2013
    For more than a year, they analyzed the original FBI files on the bombing and activities of the Ku Klux Klan, then began a search for new evidence. Their first interview—with Klansman Bobby Frank Cherry—broke open the case, but not in the way they expected. Herren and Fleming unearthed lost evidence and convinced long-silent witnesses to tell their stories. With tenacity, humor, dedication, and some luck, the pair encountered the worst and best in human nature on their journey to find justice, and perhaps closure, for the citizens of Birmingham.

Cyberspace and International Relations: Theory, Prospects and Challenges


Jan-Frederik Kremer - 2013
    This compilation addresses for the first time the cyberization of international relations - the growing dependence of actors in IR on the infrastructure and instruments of the internet, and the penetration of cyberspace into all fields of their activities. The volume approaches this topical issue in a comprehensive and interdisciplinary fashion, bringing together scholars from disciplines such as IR, security studies, ICT studies and philosophy as well as experts from everyday cyber-practice.In the first part, concepts and theories are presented to shed light on the relationship between cyberspace and international relations, discussing implications for the discipline and presenting fresh and innovative theoretical approaches.Contributions in the second part focus on specific empirical fields of activity (security, economy, diplomacy, cultural activity, transnational communication, critical infrastructure, cyber espionage, social media, and more) and address emerging challenges and prospects for international politics and relations."

Democratic Foundations of Policy Diffusion: How Health, Family, and Employment Laws Spread Across Countries


Katerina Linos - 2013
    But, in modern democracies, elites alone cannot press for legislative reforms without winning the support of politicians, voters, and interest groups. As Katerina Linos shows in The Democratic Foundations of Policy Diffusion, international models can help politicians generate domestic enthusiasm for far-reaching proposals. By pointing to models from abroad, policitians can persuade voters that their ideas are not radical, ill-thought out experiments, but mainstream, tried-and-true solutions. The more familiar voters are with a certain country or an international organization, the more willing they are to support policies adopted in that country or recommended by that organization. Aware of voters' tendency, politicians strategically choose these policies to maximize electoral gains. Through the ingenious use of experimental and cross-national evidence, Linos documents voters' response to international models and demonstrates that governments follow international organization templates and imitate the policy choices of countries heavily covered in national media and familiar to voters. Empirically rich and theoretically sophisticated, The Democratic Foundations of Policy Diffusion provides the fullest account to date of this increasingly pervasive phenomenon.

Philosophical Foundations of Language in the Law


Andrei Marmor - 2013
    Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some ofthe participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of thevarious interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest.The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number ofways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the lawconveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or thecontractual doctrines concerning default rules.Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

Handbook of Deontic Logic and Normative Systems


Dov M. Gabbay - 2013
    Although building on decades of previous work in the field, it is the first collection to take into account the significant changes in the landscape of deontic logic that have occurred in the past twenty years. These changes have resulted largely, though not entirely, from the interaction of deontic logic with a variety of other fields, including computer science, legal theory, organizational theory, economics, and linguistics. This first volume of the Handbook is divided into three parts, containing nine chapters in all, each written by leading experts in the field. The first part concentrates on historical foundations. The second examines topics of central interest in contemporary deontic logic. The third presents some new logical frameworks that have now become part of the mainstream literature. A second volume of the Handbook is currently in preparation, and there may be a third after that.

International Law Legal Research


Anthony S. Winer - 2013
    For students, the book can serve as enrichment for a doctrinal course in international law or as the basis for a stand-alone course in international law research. To allow for self-evaluation, the book includes frequent review questions to help assure retention. For practitioners new to the international area, each type of search tool and search strategy is covered in detail with explanations to provide background comprehension.This book is part of the International Legal Research Series, edited by Mark E. Wojcik, The John Marshall Law School.

The Impossible Machine: A Genealogy of South Africa’s Truth and Reconciliation Commission


Adam Sitze - 2013
    This genealogy provides a fresh, though counterintuitive, understanding of the TRC’s legal, political, and cultural importance. The TRC’s genius, Sitze contends, is not the substitution of “forgiving” restorative justice for “strict” legal justice but rather the innovative adaptation of colonial law, sovereignty, and government. However, this approach also contains a potential liability: if the TRC’s origins are forgotten, the very enterprise intended to overturn the jurisprudence of colonial rule may perpetuate it. In sum, Sitze proposes a provocative new means by which South Africa’s Truth and Reconciliation Commission should be understood and evaluated.

English Constitutional Ideas in the Fifteenth Century


S.B. Chrimes - 2013
    The text is divided into four large chapters: 'The Estate of King', 'The Nature of Parliament', 'Statutory Law and Judicial Discretion' and 'The Theory of the State'. Extensive notes, appendices and a bibliography are also provided. This book will be of value to anyone with an interest in fifteenth-century history, political history and the development of the English constitution.

Law and Language: Effective Symbols of Community


Harold J. Berman - 2013
    Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor V�rady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.

Comparative Constitutionalism in South Asia


Sunil Khilnani - 2013
    Yet despite these attributes, South Asian countries have had differing political and constitutional experiences and comparative constitutional law has not systematically evolved in this region.This volume, the first of its kind in scope, addresses this issue. It points out that in several cases exchanges at the judicial level have already resulted in borrowing of constitutional concepts and legal principles between South Asian countries. There is, however, considerable potential for greater trans-constitutional and judicial borrowing within South Asia. Moreover, the scope for comparative regional borrowings goes beyond the judiciary or the appellate legal profession and can also be shared and exchanged by other entities, including legislatures, independent regulatory agencies, and non-governmental organizations. The essays in this volume bring together the various common elements that are already present in the constitutions and governance structures of South Asian countries and explore new ways to answer critical questions from a comparative perspective.Due to a lack of any previous study of this nature, this volume has the potential to become the best introduction to the field of South Asian constitutional law. It will be immensely useful to scholars and teachers of law, politics, modern history, and development studies as well as lawyers, judges, and policymakers with an interest in India and other South Asian countries.

Managing Cyber Attacks in International Law, Business, and Relations: In Search of Cyber Peace


Scott J Shackelford - 2013
    Specifically, it makes an original contribution by examining the potential of polycentric regulation to increase accountability through bottom-up action. It also provides a synthesis of the current state of cybersecurity research, bringing features of the cloak and dagger world of cyber attacks to light and comparing and contrasting the cyber threat to all relevant stakeholders. Throughout the book, cybersecurity is treated holistically, covering outstanding issues in law, science, economics, and politics. This interdisciplinary approach is an exemplar of how strategies from different disciplines as well as the private and public sectors may cross-pollinate to enhance cybersecurity. Case studies and examples illustrate what is at stake and identify best practices. The book discusses technical issues of Internet governance and cybersecurity while presenting the material in an informal, straightforward manner. The book is designed to inform readers about the interplay of Internet governance and cybersecurity and the potential of polycentric regulation to help foster cyber peace.

The Sovereignty of Law: Freedom, Constitution, and Common Law


T.R.S. Allan - 2013
    The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority with individual freedom. Drawing on the work of Lon Fuller and Ronald Dworkin, Allan emphasizes the normative character of legal interpretation - understanding the implications of statute and precedent by reference to moral ideals of legality and liberty. Allan denies that constitutional law can be reduced to empirical facts about legislative or judicial conduct or opinion. There is no 'rule of recognition' from the lawyer's interpretative viewpoint - only a moral theory of the nature and limits of political authority, which lawyers must construct in order to make sense of legal and constitutional practice. A genuine republicanism, protecting individual independence, requires the safeguards afforded by judicial review, which must ensure that governmental action is consistent with the rule of law; and the rule of law encompasses not merely the formal equality of all before the law, as enacted or declared, but a more fundamental idea of equal citizenship. Allan's interpretative approach is applied to a wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.

Constitutional Law for Kids: Discovering the Rights and Privileges Granted by the U.S. Constitution


Ursula Furi-Perry - 2013
    Each chapter includes an analysis of a constitutional law topic, along with the facts of actual Supreme Court cases, vocabulary words, and questions that can be used for response essays or discussion. Chapter topics include fundamental rights such as voting and due process; freedoms such as religion and expression; a review of the three branches of government; and a look at current events. This middle grade textbook is a user-friendly, kid-friendly version of a law book, and includes full copies of the U.S. Constitution and the Bill of Rights. Constitutional Law for Kids is an educational and exciting look at our system of government.