Best of
Law
2014
Licensed to Lie: Exposing Corruption in the Department of Justice
Sidney Powell - 2014
Licensed to Lie: Exposing Corruption in the Department of Justice is the true story of the strong-arm, illegal, and unethical tactics used by headline-grabbing federal prosecutors in their narcissistic pursuit of power. Its scope reaches from the US Department of Justice to the US Senate, the FBI, and the White House. This true story is a scathing attack on corrupt prosecutors, the judges who turned a blind eye to these injustices, and the president who has promoted them to powerful political positions.Former federal prosecutor under nine US attorneys from both political parties over ten years and three districts, Sidney Powell was lead counsel in 350 criminal appeals for the United States and more than 150 since in private practice. It was from her experience in several of her cases that she felt compelled to write LICENSED TO LIE: Exposing Corruption in the Department of Justice after seeing a core group of federal prosecutors break all the rules, make up crimes, hide evidence, and send innocent people to prison. The book reads like a legal thriller, but it names the prosecutors who then rose to positions of great power and the judges who turned a blind eye to their abuses of unfettered power. Sidneyis highly sought to comment on current legal issues and government investigations--especially the special investigation lead by Robert Mueller and his chief lieutenant Andrew Weissmann, who is a true villain in LICENSED TO LIE.
Deadly Force - Understanding Your Right to Self Defense
Massad Ayoob - 2014
Deadly Force discusses: Understand the legal and ethical issues surrounding use of lethal force by private citizens Learn about the social and psychological issues surrounding use of lethal force in defense of self or others Preparation and mitigation--steps the responsible armed citizen can/should take "After forty years as a practicing criminal defense attorney, I know that what Mas says, teaches, and writes is the best, state-of-the-art knowledge you can get." ~Jeff Weiner, Former President, National Association of Criminal Defense Lawyers
The U.S. Constitution with The Declaration of Independence and The Articles of Confederation
The Founding Fathers - 2014
These three documents are the basis for our entire way of life. Every citizen should have a copy.
Powerscore LSAT Logical Reasoning Bible]
David M. Killoran - 2014
This book will provide you with an advanced system for attacking any Logical Reasoning question that you may encounter on the LSAT. The concepts presented in the Logical Reasoning Bible are representative of the techniques covered in PowerScore's live courses and have been consistently proven effective for thousands of our students. The book features and explains a detailed methodology for attacking all aspects of Logic Reasoning problems, including recognizing question types, identifying common reasoning elements and determining their validity, the methods for efficiently and accurately making inferences, and techniques for quickly eliminating answer choices as you solve the questions.
U.S. Constitution, Bill of Rights, Amendments, Federalist Papers and More: Annotated Version - English Edition
U.S. Government - 2014
Constitution (1787)3.Bill of Rights (1791)4.Amendments (1792 - 1991)5. The Federalist Papers (1787-1788)6.Marbury vs Madison (1803)7.The Louisiana Purchase Treaty (1803)8.Treaty of Ghent (1814)9.Monroe Doctrine (1823)10.Treaty of Guadalupe Hidalgo (1848)11.Emancipation Proclamation (1863)12.Gettysburg Address (1863)13.Treaty of Fort Laramie/Sioux Treaty (1868) 14.Interstate Commerce Act (1887)15.Dawes Act (1887)16. Sherman Anti-Trust Act (1890)17.Plessy v. Ferguson (1896)18.Joint Resolution Annexing the Hawaiian Islands to the U.S.A. (1898)19.Platt Amendment (1901) 20.Keating-Owen Child Labor Act of 1916 (1916)21.President Woodrow Wilson's 14 Point Program (1918)22.National Industrial Recovery Act (1933)23.Social Security Act (1935) 24.Lend-Lease Act (1941)25.United Nations Charter (1945) 26.Brown vs. Board of Education (1954)27.President John F. Kennedy Inaugural Address (1961)28.Establishment of the Peace Corps (1961)29.Test Ban Treaty (1963)30.Civil Rights Act (1964)31.Tonkin Gulf Resolution (1964)32.Voting Rights Act (1965)
An Inconvenient Genocide: Who Now Remembers the Armenians?
Geoffrey Robertson - 2014
This has become a vital international issue. Twenty national parliaments in democratic countries have voted to recognise the genocide, but Britain and the USA continue to equivocate for fear of alienating their NATO ally. Geoffrey Robertson QC condemns this hypocrisy, and in An Inconvenient Genocide he proves beyond reasonable doubt that the horrific events in the Ottoman Empire in 1915 constitute the crime against humanity that is today known as genocide. He explains how democracies can deal with genocide denial without infringing free speech, and makes a major contribution to understanding and preventing this worst of all crimes. His renowned powers of advocacy are on full display as he condemns all those - from Sri Lanka to the Sudan, from Old Anatolia to modern Syria and Iraq - who try to justify the mass murder of children and civilians in the name of military necessity or religious fervour.
The Heritage Guide to the Constitution
David F. Forte - 2014
A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning.In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution.From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.
US Constitution: Declaration of Independence, Bill of Rights, & Amendments
Wounded Warrior Publications - 2014
All American citizens should own a copy of these essential documents. This book also contains images of each of these documents courtesy of the National Archives and Records Administration. Proceeds from the sale of this book are donated to charities that directly support Wounded Warriors. Check out all of our books at www.woundedwarriorpublications.com.
Taking Liberties: Why Religious Freedom Doesn't Give You the Right to Tell Other People What to Do
Robert Boston - 2014
In this forcefully argued defense of the separation of church and state, Robert Boston makes it clear that the religious freedom guaranteed in the First Amendment is an individual right, the right of personal conscience, not a license allowing religious organizations to discriminate against and control others. The book examines the controversy over birth control, same-sex marriage, religion in public schools, the intersection of faith and politics, and the "war on Christmas," among other topics.Boston concludes with a series of recommendations for resolving clashes between religious liberty claims and individual rights.
Rationalism, Pluralism, and Freedom
Jacob T. Levy - 2014
The same is true for centralized state action against such groups. This wide-ranging book argues that, both normatively and historically, liberalpolitical thought rests on a deep tension between a rationalist suspicion of intermediate and local group power, and a pluralism favorable toward intermediate group life, and preserving the bulk of its suspicion for the centralizing state.The book studies this tension using tools from the history of political thought, normative political philosophy, law, and social theory. In the process, it retells the history of liberal thought and practice in a way that moves from the birth of intermediacy in the High Middle Ages to the BritishPluralists of the twentieth century. In particular it restores centrality to the tradition of ancient constitutionalism and to Montesquieu, arguing that social contract theory's contributions to the development of liberal thought have been mistaken for the whole tradition.It discusses the real threats to freedom posed both by local group life and by state centralization, the ways in which those threats aggravate each other. Though the state and intermediate groups can check and balance each other in ways that protect freedom, they may also aggravate each other'sworst tendencies. Likewise, the elements of liberal thought concerned with the threats from each cannot necessarily be combined into a single satisfactory theory of freedom. While the book frequently reconstructs and defends pluralism, it ultimately argues that the tension is irreconcilable and notsusceptible of harmonization or synthesis; it must be lived with, not overcome.
The 20-Minute Networking Meeting - Graduate Edition: Learn to Network. Get a Job.
Nathan A. Perez - 2014
Part of the award-winning 20-Minute Networking Meeting series, the Graduate Edition is a simple, step-by-step guide written expressly for job-seeking grads, whether two-year, four-year, trade school, graduate or doctoral level, and shows you how to use your educational background to express your professional experience. This includes anyone that has gone back to school! Built using the acclaimed The 20-Minute Networking Meeting--Executive Edition networking model lauded by business leaders around the world, the Graduate Edition shows you how to develop the most important career-making skillset in business--networking. Taking the best elements of the best networkers from a wide array of industries and professions, combined with 40 years of the authors' professional networking experience, the Graduate Edition culminates in a highly productive networking approach from a hiring perspective. In this book, learn what networking (really) is, and how to: * Master the 5 most important parts of a networking meeting * Create a networking agenda * Construct key questions to lead a discussion* Write networking emails to people you don't know* Expand your professional network with more names * Break into the "Invisible/Hidden Job Market" (where over 70% of all jobs are obtained)* Make a networking meeting more effective, efficient, and mutually beneficial* Execute the above (and much more)-- inside of 20 minutes * Maintain your new network throughout your career! Chockfull of real-world scenarios, short stories, meeting examples, and dozens of tips and observations from students, hiring authorities and recruiting experts, the Graduate Edition is an end-to-end lesson on job-search networking founded on the premises of gratitude, positivity, and reciprocity. Specifically constructed to clarify and simplify networking for even the most introverted networker, the Graduate Edition is rounded out with a complete set of readiness worksheets that guide the reader through actual networking preparation, with fully written stories that show the entire The 20-Minute Networking Meeting model in action. Take control of your job-search - and your career!Also from Career Innovations Press:The 20-Minute Networking Meeting - Professional EditionandThe 20-Minute Networking Meeting - Executive Edition
Overruled: The Long War for Control of the U.S. Supreme Court
Damon Root - 2014
Judicial deference is not only a touchstone of the Progressive left, for example, it is also a philosophy adopted by many members of the modern right. Today's growing camp of libertarians, however, has no patience with judicial restraint and little use for majority rule. They want the courts and judges to police the other branches of government, and expect Justices to strike down any state or federal law that infringes on their bold constitutional agenda of personal and economic freedom.Overruled is the story of two competing visions, each one with its own take on what role the government and the courts should play in our society, a fundamental debate that goes to the very heart of our constitutional system.
Changing Laws, Saving Lives
Randi McGinn - 2014
McGinn’s experience shows you how to prevail against corporations and insurers with seemingly unlimited funds, who are willing to deploy any tactic to win. Her trials have resulted in changes in corporate and police department practices and have resulted in substantial verdicts and settlements for her clients.
A Short and Happy Guide to Civil Procedure (Short and Happy Series)
Richard Freer - 2014
This book will demystify Civil Procedure. It will explain the doctrine and make it easy to remember. It includes numerous tips for civil procedure exams (as well as regarding law school exams generally). Before you know it, you’ll be part of the hip crowd – the Civ Pro crowd.
Official Proclamation of Real Moorish American Nationality: Our Status and Jurisdiction as Citizens of the U.S.A.
Drew Ali - 2014
At said conference, also attended by the not-invited Secretary of State for the UNITED STATES OF AMERICA, our Prophet received from the nations of America the mandate recognizing the Moor’s claim to the Americas, and simultaneously, the expiration of the European mandate to occupy Moorish lands in the Western Hemisphere. The issuance and invocation of this Official Proclamation of Real Moorish American Nationality serves as constructive notice to the nations of the world: The Moors are back, and the Judgment of the Nations of the Earth is upon us. 100% of proceeds from sale of this title go toward promotion of Moorish American political issues in the US and abroad.
CLAT Solved and Practice Papers
A.P. Bhardwaj - 2014
The book will acquaint students with all the aspects of the exam along with the changing trends, patterns and style. The solved papers also comprise SET, AILET, CET and OCET. Twenty practice papers have also been presented in line with the patterns of different exams and levels of difficulty to enable students to check their level of understanding.
Trying Cases to Win: In One Volume
Herbert Jay Stern - 2014
Saltzburg). The trial process is the sum of its parts: opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately. Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). ..". a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy." -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY
10 Actual, Official LSAT Preptests Volume V: (preptests 62-71)
Law School Admission Council - 2014
Each book includes: 10 previously administered LSATs, an answer key for each test, a writing sample for each test, score-conversion tables, and sample Comparative Reading questions and explanations.
Public Secrets of Law: Rape Trials in India
Pratiksha Baxi - 2014
The social stigma associated with rape is the biggest hurdle that a rape survivor faces right from the time of reporting the matter to the police to the stage of trial. This book, one of the first ethnographic studiesof rape trials in India, focuses on the everyday socio-legal processes that underlie the making of rape trials. It describes how state law is transformed in its localization, often to the point of bearing little resemblance to written law.The work centres around four extended case studies in a trial court in Ahmedabad. These case studies show how the effects of power and knowledge congeal to disqualify women's (and children's) testimonies at different sites of state law such as the police station, forensic science laboratory, or thehospital and the court.This book describes multiple ways in which public secrecy is subjected to specific revelations in rape trials that do not bring justice to a rape survivor but address and reinforce deeply entrenched phallocentric notions of justice.Bringing sociological insights to the contested and anguishing issue of rape trials, this book is an essential read for all those committed to a just and safe society for women in India.
Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens
Rob Cary - 2014
This is a narrative account of the pretrial, trial and post-trial litigation, but it is also an entertaining and easy read that details litigation strategies in a way that judges and attorneys on either side will be able to appreciate and learn from. It is of particular relevance to federal criminal and white collar criminal practitioners.
Freedom from Speech
Greg Lukianoff - 2014
While the legal protections of the First Amendment remain strong, the culture is obsessed with punishing individuals for allegedly offensive utterances. And academia – already an institution in which free speech is in decline – has grown still more intolerant, with high-profile “disinvitation” efforts against well-known speakers and demands for professors to provide “trigger warnings” in class.In this Broadside, Greg Lukianoff argues that the threats to free speech go well beyond political correctness or liberal groupthink. As global populations increasingly expect not just physical comfort but also intellectual comfort, threats to freedom of speech are only going to become more intense. To fight back, we must understand this trend and see how students and average citizens alike are increasingly demanding freedom from speech.
Is Administrative Law Unlawful?
Philip Hamburger - 2014
While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice
Deborah Tuerkheimer - 2014
As often occurs in the context of scientific knowledge, understandings of SBS have evolved. We now know that the diagnostic triad alone does not provebeyond a reasonable doubt that an infant was abused, or that the last person with the baby was responsible for the baby's condition. Nevertheless, our legal system has failed to absorb this new consensus. As a result, innocent parents and caregivers remain incarcerated and, perhaps moreperplexingly, triad-only prosecutions continue even to this day.Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice is the first book to survey the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice system's treatment of what is, inessence, a medical diagnosis of murder. The story of SBS highlights fundamental inadequacies in the legal response to science dependent prosecution. A proposed restructuring of the law contends with the uncertainty of scientific knowledge.
The Creators' Legal Guide: Use the Law to Help Your Creative Venture Succeed
Jonathan Tobin - 2014
Whether you are launching a design business, starting an app company, doing freelance graphic design/web development or licensing art, understanding the law can help you make more money, collaborate effectively, and do better work. Learn about the law with attorney and freelance creator, Jonathan Tobin, Esq. This punchy and insightful guide gives you - the creative professional or business owner - the information that you want to know about: copyrights, trademarks, contracts, starting an llc or corporation. Get a better understanding of legal forms for artists, designers, photographers and other creative occupations by knowing how they actually work.
The book can be read in under an hour and costs less than a trip to the coffee shop.
By spending that tiny amount of time and money on this book about law, your creative business can see massive improvement. This book will teach you about things like: Copyrights and trademarks. Starting a business. Writing contracts. Licensing your intellectual property. Resolving disputes. Getting paid. Being part of a lawsuit. Working with an attorney. If you wish that you could get clear answers about the laws governing your creative ventures, then this wonderful and eye-opening book will set you on that path. If you make money with your creative work, this inexpensive guide can protect you from making expensive legal mistakes that put your venture in peril. While it won't tell you everything, it will reveal information that helps any creator feel more secure in understanding how the law works. Personal Note from The Author: "I wrote this book because I know first hand what it means to have my work stolen or to have a dispute with a client. I worked as a freelance graphic designer and web developer for over a decade before even setting foot in a law school classroom. After my first year in law school, I quickly understood that many of the basics that creative professionals need to know are not rocket science. These are the basics that I want to focus on in this book, and as a lawyer who helps creative people solve their legal problems. I believe that a good understanding of the law forms a crucial part of any successful creative venture." Scroll up, click the buy button & get started today. There really is no time like the present.
Death of the Dying City
Matthew Taub - 2014
Rotating character-driven vignettes are connected by Mark Newstein, a young ethically-imperiled attorney facing additional issues of romantic upheaval.Though a work of fiction, the novel grew out of the author's fascination with dramatic but little-known episodes that ushered the city into its modern, gleaming status at the expense of communities with little political clout, and the simultaneous descent of the legal industry into a more disturbing, less honorable enterprise with the advent of legal advertising."A compelling mosaic of threatened artistic subcultures and boiling racial tensions in a city on the fast-track for change. "- Andrew Cotto, author of Outerborough Blues
Punishment and Inclusion: Race, Membership, and the Limits of American Liberalism
Andrew Dilts - 2014
population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote.Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern "American" penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise.Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
South African Constitutional Law in Context
Pierre de VosSanele Sibanda - 2014
Situated within a framework of historical, political, social and economic context, the text invites readers to discover the meaning, operation and effects of the South African Constitution, and to understand its critical importance and potential. The text balances an accurate description of the most authoritative interpretation of the constitutional text with a critical and enquiring approach, providing depth and diversity of perspective, and engaging readers in an interactive, topical and stimulating manner.
Culling the Masses: The Democratic Origins of Racist Immigration Policy in the Americas
David Scott Fitzgerald - 2014
David Scott FitzGerald and David Cook-Mart n show that democracies were the first countries in the Americas to select immigrants by race, and undemocratic states the first to outlaw discrimination. Through analysis of legal records from twenty-two countries between 1790 and 2010, the authors present a history of the rise and fall of racial selection in the Western Hemisphere.The United States led the way in using legal means to exclude "inferior" ethnic groups. Starting in 1790, Congress began passing nationality and immigration laws that prevented Africans and Asians from becoming citizens, on the grounds that they were inherently incapable of self-government. Similar policies were soon adopted by the self-governing colonies and dominions of the British Empire, eventually spreading across Latin America as well.Undemocratic regimes in Chile, Uruguay, Paraguay, and Cuba reversed their discriminatory laws in the 1930s and 1940s, decades ahead of the United States and Canada. The conventional claim that racism and democracy are antithetical--because democracy depends on ideals of equality and fairness, which are incompatible with the notion of racial inferiority--cannot explain why liberal democracies were leaders in promoting racist policies and laggards in eliminating them. Ultimately, the authors argue, the changed racial geopolitics of World War II and the Cold War was necessary to convince North American countries to reform their immigration and citizenship laws.
Justice Among Nations: A History of International Law
Stephen C. Neff - 2014
Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practices from the Warring States of China to the international criminal courts of today.Ancient China produced the first rudimentary set of doctrines. But the cornerstone of later international law was laid by the Romans, in the form of natural law--a universal law that was superior to early laws and governments. As medieval European states came into contact with non-Christian peoples, from East Asia to the New World, practical solutions had to be devised to the many legal quandaries that arose. In the wake of these experiences, international legal doctrine began to assume its modern form in the seventeenth and eighteenth centuries.New challenges in the nineteenth century encompassed the advance of nationalism, the rise of free trade and European imperialism, the formation of international organizations, and the arbitration of disputes. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the formation of the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Intellectual Privacy: Rethinking Civil Liberties in the Digital Age
Neil Richards - 2014
Courts all over the world have struggled with how to reconcile the problems of media gossip with our commitment to free and open public debate for over a century. The rise of the Internet has made this problem more urgent. We live in an age of corporate and government surveillance of our lives. And our free speech culture has created an anything-goes environment on the web, where offensive and hurtful speech about others is rife. How should we think about the problems of privacy and free speech? In Intellectual Privacy, Neil Richards offers a different solution, one that ensures that our ideas and values keep pace with our technologies. Because of the importance of free speech to free and open societies, he argues that when privacy and free speech truly conflict, free speech should almost always win. Only when disclosures of truly horrible information are made (such as sex tapes) should privacy be able to trump our commitment to free expression. But in sharp contrast to conventional wisdom, Richards argues that speech and privacy are only rarely in conflict. America's obsession with celebrity culture has blinded us to more important aspects of how privacy and speech fit together. Celebrity gossip might be a price we pay for a free press, but the privacy of ordinary people need not be. True invasions of privacy like peeping toms or electronic surveillance will rarely merit protection as free speech. And critically, Richards shows how most of the law we enact to protect online privacy pose no serious burden to public debate, and how protecting the privacy of our data is not censorship. More fundamentally, Richards shows how privacy and free speech are often essential to each other. He explains the importance of 'intellectual privacy, ' protection from surveillance or interference when we are engaged in the processes of generating ideas - thinking, reading, and speaking with confidantes before our ideas are ready for public consumption. In our digital age, in which we increasingly communicate, read, and think with the help of technologies that track us, increased protection for intellectual privacy has become an imperative. What we must do, then, is to worry less about barring tabloid gossip, and worry much more about corporate and government surveillance into the minds, conversations, reading habits, and political beliefs of ordinary people. A timely and provocative book on a subject that affects us all, Intellectual Privacy will radically reshape the debate about privacy and free speech in our digital age.
Failure to Flourish: How Law Undermines Family Relationships
Clare Huntington - 2014
Strong, stable, positive relationships are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfare system, the legal system makes it harder for parents to provide children with these kinds of relationships, exacerbating the growing inequality in America.Failure to Flourish contends that we must re-orient the legal system to help families avoid crises and, when conflicts arise, intervene in a manner that heals relationships. To understand how wrong our family law system has gone and what we need to repair it, Failure to Flourish takes us from ancient Greece to cutting-edge psychological research, and from the chaotic corridors of local family courts to a quiet revolution under way in how services are provided to families in need. Incorporating the latest insights of positive psychology and social science research, the book sets forth a new, more emotionally intelligent vision for a legal system that not only resolves conflict but actively encourages the healthy relationships that are at the core of a stable society.
Captive No More: True Stories of Rescued Trafficking Victims and the Heroes Who Brought Them to Freedom
Kimberly Rae - 2014
Inspiring true stories of rescue and hope by: *Rahab's Rope *Truckers Against Trafficking *International Princess Project *Women At Risk Int. *Gospel for Asia *Tiny Hands International and more! Note from the Author: I am in love with this book. (I can say that since I didn't write most of it!) It’s easy to find stories about the problem of human trafficking, stories that can get overwhelming and even discouraging. However, good things are happening, God is at work, and people are making a difference. I wanted a book with those stories in it, the good stories of rescue and hope. Since, I couldn't find a book like that, I made one! Some of my favorite ministries contributed true stories that will motivate and inspire, encourage and bless. The book also includes spreads on each of the ministries included, with ways you can join the fight and change the world.
A Short and Happy Guide to Being a Law Student (Short and Happy Series)
Paula A. Franzese - 2014
A Short & Happy Guide to Being a Law Student is a must-read whenever worry or doubt creep in. In this volume you will find essential wisdom for the study of law and life. Learn from the unprecedented ten-time recipient of the Professor of the Year award how to be your best in and out of class, how to prepare for exams, how to succeed on exams, how to put your best foot forward in a job interview, how to find teachers to inspire you, what to do in classes that leave you uninspired, how to cope with stress and how to create value in everything you do.
The Holy Koran of the Moorish Holy Temple of Science - Circle 7: Re-print of Original 1926 Publication
Drew Ali - 2014
This 1926 edition pre-dates the incorporation of the Moorish Science Temple of America by Noble Prophet Drew Ali. A Moorish American artifact for those looking for a professionally bound edition for their Moorish Literature collection. Free eReader edition available at http: //califamedia.comBulk order and publisher discounts available at califamedia.com
The Illustrated Guide to Criminal Procedure, Vol I: Parts 1-3, Including the Fourth Amendment Flowchart
Nathaniel Burney - 2014
Where the first book on Criminal Law focused on what *you* are allowed to do, this volume begins the discussion of what the *police* are allowed to do. Starting with the absolute basics (what is criminal procedure?), the reader is soon immersed in the exclusionary rule, the tricks of the Fourth Amendment and the traps of the Fifth. Along the way, there are deep discussions of policy explaining why the law is this way, and legal history explaining how it got like that. Volume I contains the first three chapters: "So What?" "Meet the Players" and "Police vs. Privacy," and also includes a sixteen-foot-long Fourth Amendment Flowchart to cut out and stick on your wall. Volume II will contain the law of self-incrimination, eyewitness identifications, and a Fifth Amendment Flowchart. The Illustrated Guide to Criminal Procedure is a complete law school course written and illustrated with clarity, humor, and passion.
Kafkaland: Prejudice, Law and Counterterrorism in India
Manisha Sethi - 2014
From Mumbai to Bangalore, to Delhi to Madhya Pradesh, it examines some of the most prominent terror cases to show that the hallmark of terror investigations is not simply a casual subversion of norms but cynical prejudice and brutal violence inflicted in the knowledge of absolute impunity. It also examines the disquieting trend of judicial abdication, wherein the courts indulgently ignore signs of torture, lack of evidence and absence of procedural norms, while trying terror cases.Kafkaland challenges the dominant narratives of counterterrorism and the emerging security-industrial complex. Kafkaland is where impunity, bias, suspicion are sustained by laws, where erosion of constitutional guarantees is advertised as internal security, where corporate greed masquerades as national interest.
Law, Psychoanalysis, Society: Taking the Unconscious Seriously
Maria Aristodemou - 2014
'In a court of law, the truth is precisely what we will not say', says Lacan. 'If God is dead, everything is permitted', writes Dostoyevsky. 'If God is dead, everything is prohibited', responds Lacan. 'I think, therefore I am', reasons Descartes. 'I am where I do not think', concludes Lacan. What are we to make of Lacan's inversions of these mottos? And what are the implications for the legal system if we take them seriously? This book puts the legal subject on the couch and explores the incestuous relationship between law and desire, enjoyment and transgression, freedom and subjection, ethics and atheism. The process of analysis problematizes fundamental tenets of the legal system, leading the patient to rethink long-held beliefs: terms like 'guilt' and 'innocence', 'truth' and 'lies', 'reason' and 'reality', 'freedom' and 'responsibility', 'cause' and 'punishment', acquire new and surprising meanings. By the end of these sessions, the patient is left wondering, along with Freud her analyst, whether 'it is not psychology that deserves the mockery but the procedure of judicial enquiry'.A unique study on the nexus of Law and Psychoanalysis, this book will interest students and scholars of both subjects, as well as general readers looking to explore this perverse and fascinating relationship.
Appealing to Justice: Prisoner Grievances, Rights, and Carceral Logic
Kitty Calavita - 2014
Drawing on sometimes startlingly candid interviews with prisoners and prison staff, as well as on official records, the authors walk us through the byzantine grievance process, which begins with prisoners filing claims and ends after four levels of review, with corrections officials usually denying requests for remedies. Appealing to Justice is both an unprecedented study of disputing in an extremely asymmetrical setting and a rare glimpse of daily life inside this most closed of institutions. Quoting extensively from their interviews with prisoners and officials, the authors give voice to those who are almost never heard from. These voices unsettle conventional wisdoms within the sociological literature—for example, about the reluctance of vulnerable and/or stigmatized populations to name injuries and file claims, and about the relentlessly adversarial subjectivities of prisoners and correctional officials—and they do so with striking poignancy. Ultimately, Appealing to Justice reveals a system fraught with impediments and dilemmas, which delivers neither justice, nor efficiency, nor constitutional conditions of confinement.
Speech Matters: On Lying, Morality, and the Law
Seana Valentine Shiffrin - 2014
We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.Drawing on legal as well as philosophical arguments, the book defends a series of notable claims--that you may not lie about everything to the murderer at the door, that you have reasons to keep promises offered under duress, that lies are not protected by free speech, that police subvert their mission when they lie to suspects, and that scholars undermine their goals when they lie to research subjects.Many philosophers start to craft moral exceptions to demands for sincerity and fidelity when they confront wrongdoers, the pressures of non-ideal circumstances, or the achievement of morally substantial ends. But Shiffrin consistently resists this sort of exceptionalism, arguing that maintaining a strong basis for trust and reliable communication through practices of sincerity, fidelity, and respecting free speech is an essential aspect of ensuring the conditions for moral progress, including our rehabilitation of and moral reconciliation with wrongdoers.
The Rebel: A Biography of Ram Jethmalani
Susan Adelman - 2014
With a career spanning the entire history of independent India and still going strong, he has managed to command respect and evoke anger in equal measure. But did you know that he is the most pro-Israel politician in Asia one of the founders of the prestigious National School of Law, Bangalore one of the first to raise the issue of corruption in India, founder of the Sunday Guardian in the late eighties, one of the longest-serving parliamentarians and that he is married to two wives at the same time? In The Rebel, A Biography of Ram Jethmalani, Susan Adelman, a longtime friend, presents the most updated, authentic and detailed account of his life. Peppered with personal accounts, unknown facets of his life and insider titbits, the book reveals the man behind the larger than life persona of Ram Jethmalani.
Divine Rule Maintained: Anthony Burgess, Covenant Theology, and the Place of the Law in Reformed Scholasticism
Stephen J. Casselli - 2014
After a brief introduction to Burgess and his historical context, Casselli details the logical course of Burgess’s book considering the law as given to Adam, the law given to Moses, and finally the proper relation between law and gospel. Along the way, Casselli opens up such controverted points as natural law, the covenant of works, the continuing obligation to the moral law, and the diverse administrations of one unified covenant of grace. What we see is a pastoral theology developed in a richly complex environment where technical distinctions were warranted given the polemical context; where the broad history of the Western catholic tradition was deeply respected; where a covenantal hermeneutic was consistently applied to Scripture; and where all theological formulations grew out of detailed linguistic exegesis of particular texts of Scripture in the context of the broader ecclesiastical community. Table of Contents: 1. Introduction 2. The Life of Anthony Burgess 3. Creation and Law 4. Law Given to Moses 5. Law and Gospel 6. Conclusions Appendix A – Sabbath Series Description Complementing the primary source material in the Principal Documents of the Westminster Assembly series, the Studies on the Westminster Assembly provides access to classic studies that have not been reprinted and to new studies, providing some of the best existing research on the Assembly and its members.
The Law of Governance, Risk Management and Compliance (Aspen Casebook)
Geoffrey P. Miller - 2014
Author Geoffrey P. Miller, a highly respected professor of corporate and financial law, also brings real world experience to the book as a member of the board of directors and audit and risk committees of a significant banking institution. The book addresses issues of fundamental importance for any regulated organization (the $13 billion settlement between JPMorgan Chase and its regulators is only one of many examples). This book can be a cornerstone for courses on compliance, corporate governance, or on the role of attorneys in managing risk in organizational clients. Features: Addresses issues of enormous and growing importance that are not covered by other law school casebooks. Presents numerous cutting edge issues in a rapidly growing body of law and practice. Covers a subject matter that is a major employment opportunity for law school graduates. Professors who adopt this book participate in a new and burgeoning field of academic study and legal practice. Covers general issues as well as specific fields of compliance and risk management. Includes two sets of case studies--one on cases where compliance programs broke down (e.g., Enron, WorldComm, and JP Global), and one on cases where risk management broke down (e.g., UBS and the financial crisis, and JPMorgan Chase and the London whale). Features fewer cases and a higher ratio of author-written text and materials drawn from regulatory publications than in typical law school casebooks. Authored by a professor who is also an independent director of a financial institution.
Privacy and Freedom
Alan Westin - 2014
Westin’s ideas transformed the meaning of privacy, leading to a spate of privacy laws in the 1970s, as well as prefiguring the arguments over privacy that have come to dominate the internet era.This all new edition of Privacy and Freedom features an introduction by Daniel J. Solove, John Marshall Harlan Research Professor of Law at the George Washington University Law School.
The Principles and Practice of International Aviation Law
Brian F. Havel - 2014
Unlike other global sectors, the air transport industry is not governed by a discrete area of the law but rather by a series of disparate transnational regulatory instruments. Everything from the routes that an international air carrier can serve to the acquisition of its fleet and its liability to passengers and shippers for incidents arising from its operations can be the object of bilateral and multilateral treaties that represent diverse and often contradictory interests. Beneath this multilayered treaty infrastructure are hundreds of domestic regulatory regimes that also apply national and international rules in disparate ways. The result is an agglomeration of legal cultures that can leave even experienced lawyers and academics perplexed. By combining classical doctrinal analysis with insights from newer disciplines such as international relations and economics, the book maps international aviation law's complex terrain for new and veteran observers alike.
Uncertain Justice: The Roberts Court and the Constitution
Laurence H. Tribe - 2014
Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
The Fourteenth Amendment and the Privileges and Immunities of American Citizenship
Kurt T. Lash - 2014
This exhaustively researched book follows the evolution in public understanding of "the privileges and immunities of citizens of the United States," from the early years of the Constitution to the critical national election of 1866. For the first 92 years of our nation's history, nothing in the American Constitution prevented states from abridging freedom of speech, prohibiting the free exercise of religion, or denying the right of peaceful assembly. The suppression of freedom in the southern states convinced the Reconstruction Congress and the supporters of the Union to add an amendment forcing the states to respect the rights announced in the first eight amendments. But rather than eradicate state autonomy altogether, the people embraced the Fourteenth Amendment that expanded the protections of the Bill of Rights and preserved the Constitution's original commitment to federalism and the principle of limited national power.
A Dissertation on the Canon and Feudal Law
John Adams - 2014
An American Founding Father, Adams was a statesman, diplomat, and a leading advocate of American independence from Great Britain. Well educated, he was an Enlightenment political theorist who promoted republicanism, as well as a strong central government, and wrote prolifically about his often seminal ideas-both in published works and in letters to his wife and key adviser Abigail Adams. Adams was a lifelong opponent of slavery, having never bought a slave. In 1770 he provided a principled, controversial, and successful legal defense to the British soldiers accused in the Boston Massacre, because he believed in the right to counsel and the "protect[ion] of innocence". Adams came to prominence in the early stages of the American Revolution. A lawyer and public figure in Boston, as a delegate from Massachusetts to the Continental Congress, he played a leading role in persuading Congress to declare independence. He assisted Thomas Jefferson in drafting the Declaration of Independence in 1776, and was its primary advocate in the Congress. Later, as a diplomat in Europe, he helped negotiate the eventual peace treaty with Great Britain, and was responsible for obtaining vital governmental loans from Amsterdam bankers. A political theorist and historian, Adams largely wrote the Massachusetts Constitution in 1780, which together with his earlier Thoughts on Government, influenced American political thought. One of his greatest roles was as a judge of character: in 1775, he nominated George Washington to be commander-in-chief, and 25 years later nominated John Marshall to be Chief Justice of the United States. Adams' revolutionary credentials secured him two terms as George Washington's vice president and his own election in 1796 as the second president. During his one term as president, he encountered ferocious attacks by the Jeffersonian Republicans, as well as the dominant faction in his own Federalist Party led by his bitter enemy Alexander Hamilton. Adams signed the controversial Alien and Sedition Acts, and built up the army and navy especially in the face of an undeclared naval war (called the "Quasi-War") with France, 1798-1800. The major accomplishment of his presidency was his peaceful resolution of the conflict in the face of Hamilton's opposition. In 1800, Adams was defeated for re-election by Thomas Jefferson and retired to Massachusetts. He later resumed his friendship with Jefferson. He and his wife founded an accomplished family line of politicians, diplomats, and historians now referred to as the Adams political family. Adams was the father of John Quincy Adams, the sixth President of the United States. His achievements have received greater recognition in modern times, though his contributions were not initially as celebrated as those of other Founders. Adams was the first U.S. president to reside in the executive mansion that eventually became known as the White House.
Frederic Bastiat on Government (Illustrated)
Frédéric Bastiat - 2014
Frederic Bastiat was a French political economist, statesman, classical liberal theorist, and the French Assembly. He coined the important economic concept of opportunity cost. His ideas have become the foundation for libertarian and the Austrian schools of thought. Most of Bastiat’s political writings were done during the years just before and immediately after the Revolution of February 1848 when France was rapidly turning to complete socialism. As a Deputy to the Legislative Assembly, Bastiat explained each socialist fallacy as it appeared and how socialism must inevitably degenerate into communism that it must fail. In this essay, Government, Mr. Bastiat introduced the important concept of individual social responsibility to a social system by saying “there is no chimerical creation, no abstraction, from which the citizens may demand everything. They expect nothing except from themselves and their own energy." His reasoning remains as relevant today as it was then. The Essay is already read more than a hundred years and it will still be read for another century due to its truths.
Indivisible: Indigenous Human Rights
Joyce Green - 2014
The contributors to Indivisible: Indigenous Human Rights, however, deftly and powerfully argue that Indigenous rights are in fact human rights and that the fundamental human rights of Indigenous people cannot be protected without the inclusion of their Indigenous rights, which are suppressed and oppressed by the forces of racism and colonialism. Drawing on a wealth of experience and blending critical theoretical frameworks and a close knowledge of domestic and international law on human rights, the authors in this collection show that settler states such as Canada persist in violating and failing to acknowledge Indigenous human rights. Furthermore, settler states are obligated to respect and animate these rights, despite the evident tensions in political and economic interests between elite capitalists, settler citizens and Indigenous peoples.
Judging the Boy Scouts of America: Gay Rights, Freedom of Association, and the Dale Case
Richard J. Ellis - 2014
However, with the freedom to associate comes the right to exclude those who do not share our values and goals. What happens when the freedom of association collides with the equally cherished principle that every individual should be free from invidious discrimination? This is precisely the question posed in Boy Scouts of America v. James Dale, a lawsuit that made its way through the courts over the course of a decade, culminating in 2000 with a landmark ruling by the U.S. Supreme Court. In Judging the Boy Scouts of America, Richard J. Ellis tells the fascinating story of the Dale case, placing it in the context of legal principles and precedents, Scouts' policies, gay rights, and the culture wars in American politics.The story begins with James Dale, a nineteen-year old Eagle Scout and assistant scoutmaster in New Jersey, who came out as a gay man in the summer of 1990. The Boy Scouts, citing their policy that denied membership to avowed homosexuals, promptly terminated Dale's membership. Homosexuality, the Boy Scout leadership insisted, violated the Scouts' pledge to be morally straight. With the aid of the Lambda Legal Defense Fund, Dale sued for discrimination.Ellis tracks the case from its initial filing in New Jersey through the final decision of the U.S. Supreme Court in favor of the Scouts. In addition to examining the legal issues at stake, including the effect of the Supreme Court's ruling on the law of free association, Ellis also describes Dale's personal journey and its intersection with an evolving gay rights movement. Throughout he seeks to understand the puzzle of why the Boy Scouts would adopt and adhere to a policy that jeopardized the organization's iconic place in American culture--and, finally, explores how legal challenges and cultural changes contributed to the Scouts' historic policy reversal in May 2013 that ended the organization's ban on gay youth (though not gay adults).
Poverty Law: Policy and Practice
Brodie - 2014
Features:; As the first poverty law textbook to be published in 15 years, the edition includes new material, both changes in the law and updated scholarship that will make the book a great resource for teaching poverty law.
Whistleblowers, Leaks and the Media
Paul Rosenzweig, Timothy J. McNulty & Ellen Shearer - 2014
government in a contemporary context, examines how laws and freedoms collide when information is leaked to the media. It is a practical guide, in easy-to-understand language that journalists, lawyers, and government officials will find to be of great value.
Subversive Property: Law and the Production of Spaces of Belonging
Sarah Keenan - 2014
Sarah Keenan demonstrates that new political possibilities for property may be unveiled by thinking about property in terms of space and belonging, rather than exclusion.Drawing on feminist and critical race theory, this book shifts focus away from the propertied subject and on to the broader spaces in and through which the propertied subject is located. Using case studies, such as analyses of compulsory leases under Australia's Northern Territory Intervention and lesbian asylum cases from a range of jurisdictions, Keenan argues that these spaces consist of networks of relations that revolve around belonging: not just belonging between subject and object, as property is traditionally understood, but also the less explored relation of belonging between the part and the whole.This book therefore offers a conceptually useful way of analysing a wide range of socio-legal issues. It will be of relevance to those working in the area of property and legal geography, but also to those with more general interests in socio-legal studies, social and political theory, postcolonial studies, critical race studies and gender and sexuality studies.
Commentary on Thomas Aquinas's Treatise on Law
J. Budziszewski - 2014
Although the greatest source of the classical natural law tradition is Thomas Aquinas' Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line-by-line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it.
Torture, Power, and Law
David Luban - 2014
Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable.
On Democracy's Doorstep: The Inside Story of How the Supreme Court Brought "One Person, One Vote" to the United States
J. Douglas Smith - 2014
Supreme Court, Earl Warren is most often remembered for landmark rulings in favor of desegregation and the rights of the accused. But Warren himself identified a lesser known group of cases-Baker v. Carr, Reynolds v. Sims, and their companions-as his most important work. J. Douglas Smith's On Democracy's Doorstep masterfully recounts the tumultuous and often overlooked events that established the principle of "one person, one vote" in the United States.Before the Warren Court acted, American democracy was in poor order. As citizens migrated to urban areas, legislative boundaries remained the same, giving rural lawmakers from sparsely populated districts disproportionate political power-a power they often used on behalf of influential business interests. Smith shows how activists ranging from city boosters in Tennessee to the League of Women Voters worked to end malapportionment, incurring the wrath of chambers of commerce and southern segregationists as they did so. Despite a conspiracy of legislative inaction and a 1946 Supreme Court decision that instructed the judiciary not to enter the "political thicket," advocates did not lose hope. As Smith shows, they skillfully used the Fourteenth Amendment's Equal Protection Clause to argue for radical judicial intervention. Smith vividly depicts the unfolding drama as Attorney General Robert F. Kennedy pressed for change, Solicitor General Archibald Cox cautiously held back, young clerks pushed the justices toward ever-bolder reform, and the powerful Senate Minority Leader Everett Dirksen obsessively sought to reverse the judicial revolution that had upended state governments from California to Virginia.Today, following the Court's recent controversial decisions on voting rights and campaign finance, the battles described in On Democracy's Doorstep have increasing relevance. With erudition and verve, Smith illuminates this neglected episode of American political history and confronts its profound consequences.
Order within Anarchy: The Laws of War as an International Institution
James D. Morrow - 2014
International law as a political institution helps to create such expectations by specifying how violence should be limited and clarifying which actors should comply with those limits. The success of the laws of war depends on three related factors: compliance between warring states and between soldiers on the battlefield, and control of soldiers by their militaries. A statistical study of compliance of the laws of war during the twentieth century shows that joint ratification strengthens both compliance and reciprocity, compliance varies across issues with the scope for individual violations, and violations occur early in war. Close study of the treatment of prisoners of war during World Wars I and II demonstrates the difficulties posed by states' varied willingness to limit violence, a lack of clarity about what restraint means, and the practical problems of restraint on the battlefield.
Globalization and Transnational Surrogacy in India: Outsourcing Life
Sayantani DasGuptaSeema Mohapatra - 2014
One would not think so with parenthood, however, especially motherhood, as it is a fundamental activity humans have historically preserved as personal and private. In our modern age, however, the advent and accessibility of assisted reproductive technologies (ARTs) and the ease with which they have traversed global borders, has fundamentally altered the meaning of childbearing and parenting. In the twenty-first century, parenthood is no longer achieved only through gestation, adoption, or traditional surrogacy, but also via assisted reproductive technologies (ARTs), where science and technology play lead roles. Furthermore, in a globalized world economy, where the movement and transfer of people and commodities are increasing to serve the interests of capitalism, gamete donation and surrogate birth can traverse innumerable geographic, socio-economic, racialized, and political borderlands. Thus, reproduction itself can be outsourced. This edited volume explores one specific aspect of the new assisted reproductive technologies: gestational surrogacy and how its practice is changing the traditional concept of parenthood across the globe. The phenomenon of transnational surrogacy has given rise to a thriving international industry where money is being 'legally' exchanged for babies and 'reproductive labor' has taken on a lucrative commercial tone. Yet, law, research, and activism are barely aware of this experience and are still playing catch-up with rapidly changing on-the-ground realities. This interdisciplinary collection of essays assuages the dearth of knowledge and addresses significant issues in transnational commercial gestational surrogacy as it takes shape in a peculiar relation between the West (primarily the United States) and India.
Psychology and Law: Research and Practice
Curt R. Bartol - 2014
Authors Curt R. Bartol and Anne M. Bartol emphasize the various roles psychologists and other mental health professionals can play throughout the text. Insight is offered into the application of psychology in criminal and non-criminal matters. Topics such as family law, insanity, police interrogation, jury selection and decision making, involuntary civil commitment, and various civil capacities are included. This comprehensive text examines complex material in detail and explains it in an easy-to-read way. The authors emphasize the major contributions psychological research has made to the law, and encourage critical analysis through examples of court cases, high-profile current events, and research.The writing is concise and student-friendly. . . . The text incorporates contemporary cases and information and maintains a good balance between the important issues in psychology and law. --Barbara Abbott, New England College
Treaty Ports in Modern China: Law, Land and Power
Robert Bickers - 2014
Topics covered include land and how it was acquired, the flow of people, good and information, specific individuals and families who typify life in the treaty ports, and technical advances, exploration, and innovation in government.
Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947
Mitra Sharafi - 2014
Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Cyber Operations and the Use of Force in International Law
Marco Roscini - 2014
But can a computer virus be classed as an act of war? Does a Denial of Service attack count as an armed attack? And does a state have a right to self-defence when cyber attacked? With the range and sophistication of cyber attacks against states showing a dramatic increase in recent times, this book investigates the traditional concepts of 'use of force', 'armed attack', and 'armed conflict' and askswhether existing laws created for analogue technologies can be applied to new digital developments.The book provides a comprehensive analysis of primary documents and surrounding literature, to investigate whether and how existing rules on the use of force in international law apply to a relatively new phenomenon such as cyberspace operations. It assesses the rules of jus ad bellum and jus in bello, whether based on treaty or custom, and analyses why each rule applies or does not apply to cyber operations. Those rules which can be seen to apply are then discussed in thecontext of each specific type of cyber operation. The book addresses the key questions of whether a cyber operation amounts to the use of force and, if so, whether the victim state can exercise its right of self-defence; whether cyber operations trigger the application of international humanitarian law when they are notaccompanied by traditional hostilities; what rules must be followed in the conduct of cyber hostilities; how neutrality is affected by cyber operations; whether those conducting cyber operations are combatants, civilians, or civilians taking direct part in hostilities. The book is essential reading for everyone wanting a better understanding of how international law regulates cyber combat.
Crime, Community and Morality
Simon Green - 2014
'Where have our values gone?' our newspapers scream at us. 'Benefit scroungers', 'greedy bankers', 'intrusive journalists', 'have-a-go rioters', political scandals and criminals of all shapes and sizes are continually cited as evidence that we live in a modern-day Gomorrah. Criminologists have studied this in several ways, including: media representations of crime, mass incarceration, hooliganism and the exercise of power and control through communities.What criminologists have not studied is the place of morality in shaping public debate about understanding crime and how this then shapes crime control strategies. Rather than dismiss statements about community breakdown, 'broken society' and irresponsibility as ideological, self-justificatory rhetoric, what happens when we take these claims seriously? What do they tell us about the causes of crime? How do they shape the crime control agenda? How else might we begin to understand and explain the relationship between crime and society?Navigating between criminological concerns about control and governance and social theories about culture and identity, this book explores what is meant by crime, community and morality and puts this meaning to the test. Discussion of a new theory of rule-breaking, combined with an analysis of how our justice system is becoming maladapted, makes this essential reading for criminologists around the globe, as well as those general readers interested in the causes of crime.
Preventive Justice
Andrew Ashworth - 2014
The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniquesthat involve coercion against the individual.States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; andimposing extended sentences or indefinite on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security.The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis.This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focusing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort theproper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
The Good Lawyer: A Student Guide to Law and Ethics
Adrian Evans - 2014
This book takes a holistic approach that begins with your innate humanity. It urges you to examine your motives for seeking a career in law, to foster a deep understanding of what it means to be 'good', and to draw on your virtue and judgement when difficult choices arise, rather than relying on compliance with rules or codes. The Good Lawyer analyses four important areas of legal ethics - truth and deception, professional secrets, conflicts of interest, and professional competence - and explains the choices that are available when determining a course of moral action. It links theory to practice, and includes many examples, diagrams and source documents to illustrate ethical concepts, scenarios and decision making.
In the Midst of Your Enemies: Exposition and Application of 1 Samuel
Joel McDurmon - 2014
In more than one way, this was the impetus for me to start this series. First, I wanted to provide a model of exegetical sermon material written from a Christian Reconstructionist perspective and with applications to the civil and social realm. Few of these exist, particularly in regard to civil matters, and I wanted to equip pastors to begin preaching this way, and to embolden them to produce likeminded works on other books as well. There was a time when preachers preached this way. While pastors and theologians today often frown upon civil and social applications based on Scripture—especially from the context of Old Covenant history—I have been powerfully encouraged by John Calvin’s sermons on Deuteronomy and 2 Samuel 1–13. It is long past time that pastors began to realize this type of application and to deliver it to their congregations.Second, I personally needed sermon material, since I was preaching roughly twice a month at Christ Church (CREC) in Branch Cove, Alabama. I had always been enamored with the message of 1 Samuel 8 for its direct bearings upon political tyranny in our own age. Then I saw the sanction of arms control in chapter 13. The more I read, the more I saw scenario after scenario which had overt political, judicial, and social applications, and they all seemed to apply just as directly to our own time. So I decided to make a series of sermons preaching through the whole book of 1 Samuel.What followed was even more fruitful than I imagined at the outset. In our age, denuded almost completely of social or political and legal applications of Scripture, who would dare to think that 1 Samuel addresses nearly every possible phenomena in those realms that we have witnessed in modern times, as well as the psychological and spiritual issues behind them? In fact, if most people remember much from 1 Samuel at all, it may be the faithful prayer of barren Hannah (the subject of so many Mother’s Day sermons), but perhaps is only the story of David and Goliath. Little would most people suspect that Hannah was praying for a political and social revolution in her time or how 1 Samuel addresses, among other things, the direct link between social freedom and God’s Law, national security and God’s Law, as well as specific political issues such as biblical principles of warfare, kingship, national defense, the right to bear arms, taxation, military conscription, national greatness, political candidacy, political parties, party rivalries, jurisprudence (including biblical “common” law versus arbitrary civil or “statute” law), how to remain faithful under a regime hostile to biblical law, expatriation, political compromise, voting, the lesser of two evils, the surveillance state, and more. And it is simply staggering, once you understand the narratives involved, just how closely Samuel’s and David’s situations parallel our own in many ways, and how often the political expressions of modern Christians more closely align with Saul’s than with David’s. Among these pages, perhaps only the first sermon is mostly devoid of such subjects, and this only because it is setting the theological stage for what follows.May the Lord bless this land with preachers bold enough to speak the whole counsel of God, even when it challenges civil leaders and criticizes cherished civil institutions and practices.
The Fox LSAT Logical Reasoning Encyclopedia: Or: Disrespecting the LSAT
Nathan Fox - 2014
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 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.
International Merger by Foreign Entanglements
Arthur R. Thompson - 2014
It outlines the scope of the problem of what is behind the so-called free trade agreements that have shipped American jobs overseas, entangled the U.S. in supra-national governmental structures, and set us on a pathway of integration with other nations rather than our protecting our cherished independence as a country.
Examples & Explanations: Federal Income Tax
Katherine Pratt - 2014
Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide:
helps you learn new material by working through chapters that explain each topic in simple language
challenges your understanding with hypotheticals similar to those presented in class
provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis
quickly gets to the point in conversational style laced with humor
remains a favorite among law school students
is often recommended by professors who encourage the use of study guides
works with ALL the major casebooks, suits any class on a given topic
provides an alternative perspective to help you understand your casebook and in-class lectures
A Step toward Brown v. Board of Education: Ada Lois Sipuel Fisher and Her Fight to End Segregation
Cheryl B. Wattley - 2014
The OU law school was an all-white institution in a town where African Americans could work and shop as long as they got out before sundown. But if segregation was entrenched in Norman, so was the determination of black Oklahomans who had survived slavery to stake a claim in the territory. This was the tradition that Ada Lois Sipuel sprang from, a tradition and determination that would sustain her through the slow, tortuous path of litigation to gaining admission to law school. A Step toward Brown v. Board of Education—the first book to tell Fisher’s full story—is at once an inspiring biography and a remarkable chapter in the history of race and civil rights in America. Cheryl Elizabeth Brown Wattley gives us a richly textured picture of the black-and-white world from which Ada Lois Sipuel and her family emerged. Against this Oklahoma background Wattley shows Sipuel (who married Warren Fisher a year before she filed her suit) struggling against a segregated educational system. Her legal battle is situated within the history of civil rights litigation and race-related jurisprudence in the state of Oklahoma and in the nation. Hers was a test case organized by the NAACP (National Association for the Advancement of Colored People) to go all the way to the U.S. Supreme Court and, as precedent, strike another blow against “separate but equal” public education. Fisher served as both a litigant, with Thurgood Marshall for counsel, and, later, a litigator; both a plaintiff and an advocate for the NAACP; and both a student and, ultimately, a teacher of the very history she had helped to write. In telling Fisher’s story, Wattley also reveals a time and a place undergoing a profound transformation spurred by one courageous woman taking a bold step forward.
The Ahmadis and the Politics of Religious Exclusion in Pakistan
Ali Usman Qasmi - 2014
The Ahmadis believe Mirza Ghulam Ahmad of Qadiyan (1835 1908) was a prophet (in a nuanced understanding of this term) and promised messiah. This led to the group s condemnation as infidels during the colonial period, setting in course a painful history of religious exclusion.Part I of this volume traces the development of the anti-Ahmadi movement from its origin in Punjab province, where an agitation movement was launched calling upon the central government to declare the Ahmadis officially non-Muslim. After the movement intensified, leading to proclamation of martial law in Lahore in 1953, the Punjab government held a court of inquiry, which released its report in 1954. The proceedings of the Munir-Kiyani inquiry commission has now become available to scholars, and is a key focus of analysis. Part II focuses on the developments in Pakistan s politics that created a discursive space where legislative measures against the Ahmadis could be deliberated and adopted by the national assembly, and argues Pakistan s first general elections in 1970 reflected the entrenchment of religious leaders in Pakistan s power politics. The national assembly s 1974 session saw Ahmadis unanimously declared as non-Muslims; the records of this session s debates are extensively reviewed in this book.A truly path-breaking study, this work goes beyond merely chronicling the details of anti-Ahmadi violence and the legal and administrative measures adopted against them, to address wider issues of the politics of Islam in postcolonial Muslim nation-states and their disputative engagements with the ideas of modernity and citizenship."
Clearing the Last Hurdle: Mapping Success on the Bar Exam
Wanda M. Temm - 2014
Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide:helps you learn new material by working through chapters that explain each topic in simple languagechallenges your understanding with hypotheticals similar to those presented in classprovides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysisquickly gets to the point in conversational style laced with humorremains a favorite among law school studentsis often recommended by professors who encourage the use of study guidesworks with ALL the major casebooks, suits any class on a given topicprovides an alternative perspective to help you understand your casebook and in-class lectures
Tocqueville's Nightmare: The Administrative State Emerges in America, 1900-1940
Daniel R. Ernst - 2014
Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmarehas come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom.In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, the nation's best corporate lawyers were among the creators of commission government that supporters were more interested in purging government of corruption than creating asocialist utopia, and that the principles of individual rights, limited government, and due process were built into the administrative state. Far from following un-American models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state ofrules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts.The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a day in court was unnecessary if individuals had already had a day in commission where the fundamentals of due process and fair play prevailed. Thisprocedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributedlargess as an independent source of political power.Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
Out of the Shadows, Into the Streets!: Transmedia Organizing and the Immigrant Rights Movement
Sasha Costanza-Chock - 2014
Today, many argue that social media power social movements, from the Egyptian revolution to Occupy Wall Street. Yet, as Sasha Costanza-Chock reports, community organizers know that social media enhance, rather than replace, face-to-face organizing. The revolution will be tweeted, but tweets alone do not the revolution make. In Out of the Shadows, Into the Streets! Costanza-Chock traces a much broader social movement media ecology. Through a richly detailed account of daily media practices in the immigrant rights movement, he argues that there is a new paradigm of social movement media making: transmedia organizing. Despite the current spotlight on digital media, he finds, social movement media practices tend to be cross-platform, participatory, and linked to action. Immigrant rights organizers leverage social media creatively, even as they create media ranging from posters and street theater to Spanish-language radio, print, and television.Drawing on extensive interviews, workshops, and media organizing projects, Costanza-Chock presents case studies of transmedia organizing in the immigrant rights movement over the last decade. Chapters focus on the historic mass protests against the anti-immigrant Sensenbrenner Bill; coverage of police brutality against peaceful activists; efforts to widen access to digital media tools and skills for low-wage immigrant workers; paths to participation in DREAM activism; and the implications of professionalism for transmedia organizing. These cases show us how savvy transmedia organizers work to strengthen movement identity, win political and economic victories, and transform public consciousness forever.
Powerscore LSAT Reading Comprehension Bible
David M. Killoran - 2014
This book will provide you with a powerful and comprehensive system for attacking any Reading Comprehension question that you may encounter on the LSAT. The concepts presented in this publication are representative of the techniques and approaches that have been tested in PowerScore's live LSAT preparation courses and have consistently been proven effective for countless students. In an effort to clearly explain the fundamental principles of the Reading Comprehension section, this book contains substantial discussions of how to deconstruct the passages, how to identify and attack the questions, and how to successfully avoid traps set by the test makers.
Confidence Games: Lawyers, Accountants, and the Tax Shelter Industry
Tanina Rostain - 2014
These abusive domestic tax shelters bore such exotic names as BOSS, BLIPS, and COBRA and were developed by such prestigious firms as KPMG and Ernst & Young. They brought in hundreds of millions of dollars in fees from clients and bilked the U.S. Treasury of billions in revenues before the IRS and Justice Department stepped in with civil penalties and criminal prosecutions. In Confidence Games, Tanina Rostain and Milton Regan describe the rise and fall of the tax shelter industry during this period, offering a riveting account of the most serious episode of professional misconduct in the history of the American bar.Rostain and Regan describe a beleaguered IRS preoccupied by attacks from antitax and antigovernment politicians; heightened competition for professional services; the relaxation of tax practitioner norms against aggressive advice; and the creation of complex financial instruments that made abusive shelters harder to detect. By 2004, the tax shelter boom was over, leaving failed firms, disgraced professionals, and prison sentences in its wake. Rostain and Regan's cautionary tale remains highly relevant today, as lawyers and accountants continue to face intense competitive pressure and regulators still struggle to keep pace with accelerating financial risk and innovation.
The Charter of Rights and Freedoms: 30+ Years of Decisions That Shape Canadian Life
Ian Greene - 2014
The Charter requires judges to make decisions on a wide range of issues that affect all Canadians. In doing so, the courts play a major role in citizens? lives. Because of the Charter: - The law against prostitution was struck down. - The Harper government"s treatment of child soldier Omar Khadr was found to violate his rights. - Vancouver's Insite safe injection site was kept open, overriding a federal government decision requiring it to shut down.Ian Greene is a political scientist, and his focus in this book is to highlight the many significant ways the Charter shapes Canadian life. After providing background on the creation and implementation of the Charter, he describes its impact on a wide range of issues ? aboriginal affairs, voting rights, freedom of religion, the right to strike, and language rights, among others. Greene describes key decisions in these areas and comments on the often-conflicting views of the judges deciding them. Even though the Charter is a legal document, debated by lawyers and decided by judges, Greene approaches his subject with an eye on the political impact the Charter has on governments and ordinary citizens.Public discussion of the Charter is often framed around the question of who should make these important decisions ? elected politicians or unelected judges. This book provides a clear understanding of how the Charter works and how ordinary citizens have succeeded ? or failed ? to win change from the courts. It offers information that people on every side of public discussion can use regarding the role of the Charter in Canadian life.
Murray Gleeson - The Smiler
Michael Pelly - 2014
Law and Religion: The Legal Teachings of the Protestant and Catholic Reformations
Wim Decock - 2014
The overall impression conveyed by the essays is that on the level of substantive doctrine (the legal teachings) there seems to be more continuity between Protestant and Catholic, or, for that matter, between medieval and early modern jurisprudence and theology than usually expected. As it is illustrated with regards to topics ranging from just war doctrine over business ethics to marriage law, at the very least there appears to have been an on-going conversation between jurists and theologians across the confessional divide. This does not prevent some contributions from highlighting that on the institutional level, for instance in university politics, radical tensions between Reformers and Counter-Reformers played a paramount role. This book also offers approaches to the relationship between Church(es) and State(s) in the early modern period and to the practical as well as doctrinal use of natural law in both Protestant and Catholic lands.
What to Do When Someone Dies (A Real Life Legal Guide)
Susan G. Parker - 2014
It can also help you get your own affairs in order, if you don’t want to leave a mess for your family. Written by an attorney who specializes in trusts and estates, this simple guide shepherds you through the end-of-life process, from near death to probate. It’s a compassionate insider’s take on preparing for wrapping up another’s life, from calling the coroner’s office to making funeral arrangements and protecting assets. In the final stage of a last illness, you’ll want to be sure you understand end-of-life wishes—including a living will, anatomical gifts, burial instructions and the location of important legal documents such as a will, deed or trust. You’ll need to quickly get up to speed to discover online passwords, safeguard assets and notify next of kin (for the funeral and probate). There’s a lot to take care of at a time when feelings of loss and emotions may run high, and we want you to be as prepared as possible with the things you can control. We cover that all here. And make it easy to understand. Real Life Legal™ wants you to be prepared. Susan G. Parker is a tax attorney who specializes in estate planning, probate and business planning. She is licensed to practice law in New York and Florida.
Jews and Islamic Law in Early 20th-Century Yemen
Mark S. Wagner - 2014
Jews regularly came into contact with Islamic courts and Muslim jurists, by choice and by necessity, became embroiled in the most intimate details of their Jewish neighbors' lives. Mark S. Wagner draws on autobiographical writings to study the careers of three Jewish intermediaries who used their knowledge of Islamic law to manipulate the shari'a for their own benefit and for the good of their community. The result is a fresh perspective on the place of religious minorities in Muslim societies.
The Ashgate Research Companion to Islamic Law
Rudolph Peters - 2014
The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
Fighting Corporate Abuse: Beyond Predatory Capitalism
Corporate Reform Collective - 2014
It highlights the more general contribution of company law and practice to the current crisis in capitalism. The first section develops a controversial argument, using detailed illustrations and vivid examples which show how the various abuses of predatory capitalism have been carried out through the manipulation of the corporate form and the creation of highly complex corporate groups. The group of authors, all experts in their fields, tackle head-on the issues of tax evasion, extraction of value and asset stripping, environmental destruction and managerial self-interest. In doing so, they paint a picture of a system that is abusive, and degenerated, but also a system which can be reformed. In the run up to the UK general election, the authors develop of a set of practical proposals for an incoming government, outlining how each of these abuses could be curtailed and how a more acceptable and accountable form of corporate capitalism can be developed through national and international action.Drawing on the group’s activism, as well as their academic experience in law, politics, economics and human rights, this will be an authoritative as well as a highly practical book.
The Special Tribunal for Lebanon: Law and Practice
Amal Alamuddin - 2014
In 2005, Lebanese Prime Minister Rafic Hariri was assassinated in a huge blast thatreverberated across Lebanon and the region. The Tribunal was established with a mandate to try the perpetrators of the Hariri killing, as well as those responsible for other killings that are 'connected' to this core crime. Individuals associated with the Hezbollah group have been indicted to betried in the court in The Hague-but in their absence as their locations are unknown.The Tribunal is the UN's first attempt at addressing terrorism in an international criminal court, and the first attempt to set up international trials following crimes committed in the Middle East region. The court's narrow mandate and unique procedures have led many to question what kind ofprecedent it will set in a volatile region. This book looks at how the court was established, its foundational principles based on the Statute of the International Criminal Court and Lebanese domestic law, and the possible further development of its case law. It provides an authoritiative guide tothe procedure of the Tribunal, the status of the Registry, the rights of suspects and accused, trials in absentia, and the regulation of the conduct of counsel, drawing on comparisons to other international courts. The authors include those involved in setting up the court, prosecutors, defencecounsel for the suspects, as well as judges and academic commentators who are experts on the issues covered in the book. They provide a probing insight into how the Tribunal came into being, its challenges, controversies, and its achievements to date.
Managing Elevated Risk: Global Liquidity, Capital Flows, and Macroprudential Policy—An Asian Perspective
Iwan J. Azis - 2014
It elaborates on the need to ensure financial and overall economic stability in the region through improved financial regulation and other policy measures to minimize the emergent risks. 'Managing Elevated Risk: Global Liquidity, Capital Flows, and Macroprudential Policy—An Asian Perspective' also explores the range of policy options that may be deployed to address the impact of global liquidity on domestic financial and socio-economic conditions including income inequality. The book is primarily aimed at policy makers, financial market regulators and supervisory agencies to help them improve national regulatory systems and to promote harmonization of national regulations and practices in line with global standards. Scholars and researchers will also gain important information and knowledge about the overall impacts of changing global liquidity from the book.
Australian Feminist Judgments: Righting and Rewriting Law
Heather Douglas - 2014
This book presents a collection of alternative judgments in a series of Australian legal cases by feminist academics, lawyers and activists explaining the legal and historical context and what the feminist re-writing does differently to the original case.
Stop Thief! - Identity Theft Protection, Credit Ratings and Repair and Other Fraud and Cyber Crime Prevention: A comprehensive guide of proven strategies ... Detection, Prevention, Identity Theft)
Michael Boyd - 2014
Identity Theft can be a frustrating and overwhelming experience, but there are ways to protect yourself, and this book will help. Here Is A Preview Of What You'll Learn...The different types of Identity TheftThe methods and techniques of Identity ThievesNumerous ways to begin to protect yourself NOWSigns to detect if your credit or identity has been compromisedWhat to do NOW! A step by step guide if your identity has been stolenChildren's Identity Theft and ProtectionThe emotional effects of Identity Theft and how to cope...And much, much more!Download your copy today and protect your identity and credit now! Tags: Theft, Identity Thieves, Cyber Crimes, Cyber Theft, Computer Crimes, Internet Crimes, Stolen Identity, Credit Card Fraud, Bank Fraud, Credit Ratings and Repair
Protecting the Local Environment Through Land Use Law: Standing Ground (Coursebook) (English and English Edition)
John Nolon - 2014
Radicalizing Rawls: Global Justice and the Foundations of International Law
Gary Chartier - 2014
Critiquing Rawls's own suggestion that states (or 'peoples') be treated as foundational to the global order, as well as alternative Rawlsian defenses of Rawls's approach, Radicalizing Rawls proposes a polycentric global legal regime, featuring a Law of Persons rather than Rawls's Law of Peoples. Gary Chartier argues provocatively for more extensive global human rights protections than those Rawls defends and maintains that global anarchy could prove to be an attractive version of John Tomasi's Rawlsian 'market democracy.'
The Law and Practice of Income Tax in 2 Vols
Nani Palkhivala - 2014
is a book that is looked upon as being the ideal reference tool for tax professionals in India. Those who are confused regarding any specific proposition could solve their problem by browsing through the relevant section in this helpful book. The updated version of this book makes sure that its readers get all the latest information on the topics that pertain to income tax.The author addresses all the issues from the very core of the matter, quite unlike the roundabout way that most other writers do. The information that is given here is also very concise and clear. Many controversial issues pertaining to income tax have been delicately dealt, giving the readers the insight that they need.The distinguishing aspect of this book is that it has been designed for the busy professionals, who needs the necessary information, but lacks the time to go from one source to other, to find it. The book offers clear-cut answers to practically every query that pertains to income tax.The tenth edition of Kanga and Palkhivala's - The Law and Practice of Income Tax in 2 vols. has been published by LexisNexis, in the year 2014 and is available in hardcover.Key Features - This book has its index arranged topic-wise, which is highly beneficial for its readers. The book comes with a CD, which is inclusive of the Income Tax rules, the Income-tax Act (1922 and 1961), the Double Taxation Avoidance Agreements and other such information. About the Author: The author of Kanga and Palkhivala's - The Law and Practice of Income Tax in 2 vols., Arvind P. Datar is a popular writer, who has written a number of books on legal matters. He is an accomplished advocate, which is why he is able to probe into the nitty-gritty details that pertain to the law and income tax, along with other practical issues that pertain to such topics.
The Court of Appeal for Ontario: Defining the Right of Appeal in Canada, 1792-2013
Christopher Moore - 2014
The first comprehensive history of the Ontario Court of Appeal, Moore's book is the definitive and eminently readable account of the court that has been called everything from a bulwark against tyranny to murderer's row.
Violence Against Women and the Law
David L. Richards - 2014
It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide.
Freedom of Expression (Understanding Canadian Law, #2)
Daniel J. Baum - 2014
But it has limits. Peacefully picketing an abortion clinic, so long as patients can come and go, is a protected right, but shouting "Fire!" in a crowded theatre to cause a stampede is a criminal offence.Tied in with issues of free speech are questions such as whether justice delayed is justice denied. If it takes years to bring a matter to court — and especially to the Supreme Court of Canada — how can it be said that there has been a fair consideration of the issues to be decided? As well, must all important constitutional questions, such as freedom of expression, be decided by the courts? Or, is there another way to resolve such issues?How courts reach decisions in such cases is discussed in Freedom of Expression, an objective introduction for all readers to better understand how law and professional ethics impact those of us who would speak publicly as to issues of concern.
Integrity at Stake: Safeguarding Your Church's Honor
Rollie Dimos - 2014
When fraud occurs in the church, significant spiritual ramifications linger long after the financial damage is addressed. Financial abuse by a spiritual leader can ruin a ministry and leave a congregation full of people whose faith has been shattered.This book addresses accountability and transparency--two keys that will minimize risk and help your church fulfill its mission. Using real-life fraud examples to discuss some of the common abuses that occur in churches and non-profits, this book provides several controls that your ministry can implement to keep these frauds from occurring.By adding a few simple controls, you can bring greater integrity to your financial operations, safeguard the honor of your ministry, and characterize biblical stewardship in the local church.
Evidence Matters: Science, Proof, and Truth in the Law Evidence Matters
Susan Haack - 2014
With her characteristic clarity and verve, in these essays Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.
The Workplace Constitution from the New Deal to the New Right
Sophia Z. Lee - 2014
Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates, and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Intellectual Property Law
Lionel Bently - 2014
The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the mostcomplex areas are lucid and comprehensible.
National Covenanting: Christ's Victory over the Nations
Brian Schwertley - 2014
This comprehensive treatment includes the binding nature of covenants, covenant renewals under the godly kings of Israel, objections to covenanting answered, the unbiblical nature of the U.S. Constitution, the unscriptural alteration of the Westminster Confession of Faith in 1789, the necessity of the Old Testament moral law for a Christian nation and the biblical requirements for civil office. In the book, Rev. Schwertley not only sets forth the biblical case for social or national covenanting in a simple, organized and comprehensive manner but also critiques the modern pluralistic alternatives to the original Presbyterian teaching on this topic
International Migration Law
Vincent Chetail - 2014
The current framework is scattered throughout a wide array of rules belonging to numerous branches of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime and air law, criminal law, and consular and diplomatic law. This textbooktherefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates.The book offers a unique and comprehensive overview of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as undocumented migration, nationality, trafficking, family reunification, refugee protection, non-discrimination, regional free movement schemes, and trade and development. It also offers a particular focus on important groups of migrants, namely migrant workers, students, and refugees. It maps the current status of the law governing their movement, providing a thoroughcritical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.