Best of
Law

2015

Truth Overruled: The Future of Marriage and Religious Freedom


Ryan T. Anderson - 2015
    Innocent citizens have been coerced and penalized by the government, and Anderson offers a strategy to protect the natural right of religious liberty.Gathering the latest scholarly research on same-sex parenting, Anderson adds a human face to the statistics with the testimony of children raised by gays and lesbians. He closes with a comprehensive roadmap on how to rebuild a culture of marriage, with work to be done by everyone.The nation's leading defender of marriage in the media and on university campuses, Ryan Anderson has produced the must-read manual on where to go from here. There are reasonable and compelling arguments for the truth about marriage, but too many of our neighbors haven't heard them. Truth is never on "the wrong side of history," but we have to make the case.

The Beginning and End of Rape: Confronting Sexual Violence in Native America


Sarah Deer - 2015
    An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it.The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations—a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women.Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.

Animal QC: My Preposterous Life


Gary Bell QC - 2015
    He's also got one of the most interesting CVs I have ever seen.' - Sarah Brett, BBC Radio Five LiveGARY BELL QC is one of Britain's top barristers, with his own hit BBC TV show, a Who's Who entry and a wife whose family is listed in Burke's Landed Gentry.But behind his silk gown and horsehair wig is a compelling and hilarious backstory.The chronic bedwetting son of a teenaged cigarette factory worker and a nineteen-year-old miner, Gary grew up in a condemned Nottingham slum, and left his tough comprehensive school without taking any exams to follow his dad down the pit.He spent his teenage years as a drunken football hooligan known as 'Animal' (for his terrible eating habits, not his fighting skills), baking pies at Pork Farms, stacking shelves at Asda, and trying and failing to become (among other things) a miner, a bricklayer, and a fireman. After being convicted of fraud and sentenced to six months (he worked out how to fiddle pub fruit machines), he was homeless for some years.Finally deciding to make something of himself, he took O and A levels and hitch-hiked to Bristol University as a mature law student in his mid 20s. After three hilarious years - he somehow managed to wangle a job with a Beverly Hills law firm before he'd even graduated - he went on to become a barrister and, twenty years later, achieved the rare honour of being appointed Queen's Counsel.His preposterous story - which contains some fascinating details of the many major cases he has worked on - reads like a strange dream and redefines the word 'amazing', as well as being extremely funny, very moving, and utterly life-affirming.

Then Comes Marriage: United States v. Windsor and the Defeat of DOMA


Roberta Kaplan - 2015
    Edie Windsor and Thea Spyer had stayed together for better or worse, for forty-four years—battling through society’s homophobia and Spyer’s paralysis from MS. The couple married in Canada in 2007, but when Spyer died two years later, the US government refused to recognize their marriage, forcing Windsor to pay a huge estate tax. In this landmark work, Kaplan describes her strategy in the lower courts and her preparation and rehearsals before moot courts, and she shares insights into the dramatic oral argument before the Supreme Court justices. Then Comes Marriage is the story of the relationship behind the watershed case, Kaplan’s own difficult coming-out journey, and the fascinating unfolding of United States v. Windsor. Full of never-before-told details, this is the momentous account of a thrilling historic and political victory for gay rights.

Jeremy Hutchinson's Case Histories: From Lady Chatterley's Lover to Howard Marks


Thomas Grant - 2015
    He was the most formidable advocate of the 1960s and '70s and he had a marvellous sense of mischief' Geoffrey RobertsonBorn in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history.Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain.Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life.To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpvYou can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m

Law as a Career


Tanuj Kalia - 2015
    An overview of law as a career: Is law the right career option for you? What are the biggest myths about being a lawyer? Which are the best law schools?2. CLAT and other law entrance tests like the AILET, SET and LSAT: Get a complete section-wise guide on the ideal strategy3. The law college life: How to navigate through the cultural change from school to college? How to go about moot courts, paper publications and seminars? How to excel in your career while enjoying your college? Also get to know all about the LL.M. abroad option4. Internships, CVs and jobs: How to plan and structure your internships in Law College? How to hunt for and secure the best internships? How to secure that elusive pre-placement offer (PPO) and prepare for job interviews? How to craft winning CVs and cover letters?5. Career options: An A to Z guide on 20 amazing career options in law through in-depth interviews with 45 top-notch legal professionals. This chapter contains detailed guide for a career in litigation, law firms, NGOs, LPOs, private and public companies, IPR Law, legal journalism, academia, entrepreneurship, mediation, cyber law, tax law, politics and more

Confessions of a Barrister (The Confessions Series)


Russell Winnock - 2015
    It’s his job to defend the people who have found themselves on the wrong side of the law – Petty thieves, career criminals, drug dealers and murderers…The scary son of a famous footballer, whose violent behaviour has got him in trouble so many times he almost knows the law better than Russell.The thief of a marital aid, who has a rather unusual defence.The 27 year old drug addict accused of stealing a push-bike, a chainsaw, a bag full of washing and a small fridge – all at the same time.And Russell’s first murder case – a young woman accused of murdering her violent boyfriend.This fascinating insight takes us behind the closed doors of the British legal world. With plenty of drama inside – and outside – of the courtroom, you’ll find out how CCTV can make or break a case, how your Facebook page could land you in jail and why on earth they wear those funny wigs!

Point Taken: How to Write Like the World's Best Judges


Ross Guberman - 2015
    Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing".Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.

The Constitution: An Introduction


Michael Stokes Paulsen - 2015
    This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.The Constitution: An Introduction is the definitive modern primer on the US Constitution. Michael Stokes Paulsen, one of the nation's most provocative and accomplished scholars of the Constitution, and his son Luke Paulsen, a gifted young writer and lay scholar, have combined to write a lively introduction to the supreme law of the United States, covering the Constitution's history and meaning in clear, accessible terms. Beginning with the Constitution's birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors provide correctives to the shallow myths and partial truths that pervade so much popular treatment of the Constitution, from school textbooks to media accounts of today's controversies, and offer powerful insights into the Constitution's true meaning. A lucid and engaging guide, The Constitution: An Introduction provides readers with the tools to think critically and independently about constitutional issues -- a skill that is ever more essential to the continued flourishing of American democracy.

Constitutional Law: Principles and Policies


Erwin Chemerinsky - 2015
    Relied on by students, professors, and practitioners, Erwin Chemerinsky's popular treatise, Constitutional Law: Principles and Policies, Fifth Edition, clearly states the law and identifies the underlying policy issues in each area of constitutional law.

Finding Pony


Kara Lucas - 2015
    With a meth addict for a mom and a drug dealer for a stepdad, Jesse spends most nights taking care of his sister, Pony. But when the cops arrest his mom for a mini-mart robbery gone wrong, Jesse hides his sister under a pile of dirty clothes and escapes through a window. In the morning, he finds his mom and stepdad have been arrested, and Pony is gone. And due to a botched drug deal, she may also be in danger.Scared, homeless, and desperate to find her, Jesse sets off on a trek that sends him from dusty rural back roads to the drug-infested streets of Los Angeles. He must dodge drug dealers, gangs, cops, and social workers as he searches to find Pony and ultimately, himself. A gritty story told from the point of view of those most affected by other’s actions. Those with the most to lose. Disillusioned by the institutions designed to help, Jesse is forced to become an adult, and does his best to protect his sister and their way of family. Sometimes without much success. Jesse is villain. Jesse is a hero. Jesse is a survivor. Chance encounters teach him not everyone is who they appear, there are reasons . . . and there are consequences for everything.

Speak Now: Marriage Equality on Trial


Kenji Yoshino - 2015
    Advocates for marriage equality were outraged. Still, major gay-rights groups opposed a federal challenge to the law, warning that it would be dangerously premature. A loss could set the movement back for decades. A small group of activists, however, refused to wait. They turned to corporate lawyers Ted Olson and David Boies—best known for arguing opposite sides of Bush v. Gore—who filed a groundbreaking federal suit against the law.A distinguished constitutional law scholar, Kenji Yoshino was also a newly married gay man who at first felt ambivalent about the suit. Nonetheless, he recognized that Chief Judge Vaughn Walker’s decision to hold a trial in the case was momentous. Boies and Olson rose to the occasion, deftly deploying arguments that LGBT advocates had honed through years of litigation and debate. Reading the 3,000-page transcript, Yoshino discovered a shining civil rights document—the most rigorous and compelling exploration he had seen of the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the inability of direct democracy to protect fundamental rights. After that tense twelve-day trial, Walker issued a resounding and historic ruling: California’s exclusion of same-sex couples from civil marriage violated the U.S. Constitution. In June 2013, the United States Supreme Court denied the final appeal in Hollingsworth v. Perry, leaving same-sex couples in California free to marry.Drawing on interviews with lawyers and witnesses on both sides of the case, Yoshino takes us deep inside the trial. He brings the legal arguments to life, not only through his account of the case, but also by sharing his own story of finding love, marrying, and having children. Vivid, compassionate, and beautifully written, Speak Now is both a nuanced and authoritative account of a landmark trial, and a testament to how the clash of proofs in our judicial process can force debates to the ultimate level of clarity.

Private Governance: Creating Order in Economic and Social Life


Edward P. Stringham - 2015
    Through analytical narratives the book provides a close examination of the world's first stock markets, key elements of which were unenforceable by law; the community of Celebration, Florida, and other private communities that show how public goods can be bundled with land and provided more effectively; and the millions of credit-card transactions that occur daily and are regulated by private governance. Private Governance ultimately argues that while potential problems of private governance, such as fraud, are pervasive, so are the solutions it presents, and that much of what is orderly in the economy can be attributed to private groups and individuals. With meticulous research, Stringham demonstrates that private governance is a far more common source of order than most people realize, and that private parties have incentives to devise different mechanisms for eliminating unwanted behavior.Private Governance documents numerous examples of private order throughout history to illustrate how private governance is more resilient to internal and external pressure than is commonly believed. Stringham discusses why private governance has economic and social advantages over relying on government regulations and laws, and explores the different mechanisms that enable private governance, including sorting, reputation, assurance, and other bonding mechanisms. Challenging and rigorously-written, Private Governance will make a compelling read for those with an interest in economics, political philosophy, and the history of current Wall Street regulations.

Enduring Conviction: Fred Korematsu and His Quest for Justice


Lorraine K. Bannai - 2015
    However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights.After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah.He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu's case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress.Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.

A Justice Primer


Douglas Wilson - 2015
    But its popular meaning and application have become distorted. If God is the Judge of all the earth, His definition of justice and His standards for applying it must be the basis of every creature’s pursuit of it. In A Justice Primer, Randy Booth and Douglas Wilson bring their considerable pastoral experience to the topic. They unfold biblical principles that can be applied among individuals and in the spheres of family, church, and state. Issues including jurisdiction, charges, evidence, and the particularly thorny topic of sex abuse are covered. And all parties—accused and accuser, judge and jury, witness and rubbernecking internet bystander—are reminded that, although justice on earth will never be perfect, the Judge of all the earth will do right, letting no guilt go unpunished and no offended innocence go unavenged.DOUGLAS WILSON & RANDY BOOTH have over seventy years’ pastoral experience between them. Doug has shepherded Christ Church, Moscow, Idaho, almost since its inception and is the author of scores of books. He and his wife, Nancy, have three children and seventeen grandchildren. Randy currently serves at Grace Covenant Presbyterian Church in Nacogdoches, Texas, where he is also the director of Covenant Media Foundation. He is married to Marinell, and they have three children and sixteen grandchildren.

Open (Source) for Business: A Practical Guide to Open Source Software Licensing


Heather Meeker - 2015
    Based on the author's twenty years as an attorney working at the crossroads of intellectual property and technology, this guide explains the legal and technical principles behind open source licensing so you can make the right decisions for your business. It offers tips on using open source, contributing to open source projects, and releasing your own open source software. You'll also find quick-reference tables on the major open source licenses, plus forms and checklists you can use to promote compliance. In this book, you will learn . . . Why open source is not a "virus" What the GPL is and how to handle it When and how to conduct open source audits What a user-friendly open source policy looks like How to avoid and respond to open source enforcement claims How to use open source to fight patent infringement claims How to manage trademarks for open source products"

We have now begun our descent: How to Stop South Africa losing its way


Justice Malala - 2015
    I am furious. Because I never thought it would happen to us. Not us, the rainbow nation that defied doomsayers and suckled and nurtured a fragile democracy into life for its children. I never thought it would happen to us, this relentless decline, the flirtation with a leap over the cliff.” In a searing, honest paean to his country, renowned political journalist and commentator Justice Malala forces South Africa to come face to face with the country it has become: corrupt, crime-ridden, compromised, its institutions captured by a selfish political elite bent on enriching itself at the expense of everyone else. In this deeply personal reflection, Malala’s diagnosis is devastating: South Africa is on the brink of ruin. He does not stop there. Malala believes that we have the wherewithal to turn things around: our lauded Constitution, the wealth of talent that exists, our history of activism and a democratic trajectory can all be used to stop the rot. But he has a warning: South Africans of all walks of life need to wake up and act, or else they will soon find their country has been stolen.

The Devil's Advocate


Iain Morley - 2015
    [the book is] warmly welcomed and should be in every white wig box." Phillip Taylor, MBE Barrister at Law, in The Barrister“Quite simply [this] is the best book of its kind. Indeed it is the only book of its kind… Buy this book. Study it. You won’t regret it.”Professor A.R. Forrest, University of Sheffield, in Science & JusticeThe Devil’s Advocate, a best-selling advocacy manual in both the UK and the Commonwealth, brings a fresh approach to the Do’s and Don’ts of good advocacy. Written with humour and style, the title explains clear techniques, taking the reader through the practical application of advocacy step-by-step.The Devil’s Advocate has quickly become the leading handbook and practical guide to advocacy in any adversarial courtroom, in any country, to be read and carried about by any advocate.Iain Morley QC is twenty years call in well-known London criminal chambers, prosecuting and defending in the Crown Courts, including many high-profile serious crime cases. He has taught advocacy skills pro bono to the Inner Temple juniors, written much of the teaching materials, and taught the teachers – including Silks and Judges.

Liberty's Secrets


Joshua Charles - 2015
    John Adams said, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” We have strayed from our clear moral beginnings to become an egotistical culture that glorifies self. We try to set our own standards despite Thomas Paine’s warning that “man cannot make or invent or contrive principles. He can only discover them, and he ought to look through the discovery to the Author.” As our society celebrates injustice against people who stand for their convictions, it’s hard to forget the words of John Adams who wrote, “justice is a great Christian as well as moral duty.” With the decline of virtue in so many areas of our culture – from twerking on stage to cheating scandals at universities to corporate theft by aggressive bankers – we should take heed of George Washington’s warning that “liberty, when it degenerates into licentiousness, begets confusion, and frequently ends in tyranny or some woeful catastrophe.” Liberty’s Secrets exposes readers to the Founding Fathers as never before. They believed in God, Judeo-Christian values, and the freedom and necessity of religion in order to have a free and prosperous society. They believed in a free press and knew, as John Adams argued, “when a people is corrupted, the press may be made an engine to complete their ruin.” They believed in a limited government, strong education, and private property. Liberty’s Secrets is like having a front row seat to the congresses and conventions where these leaders hashed out the profound issues of life and society. Charles has cataloged all of the Founding Fathers' writings and inLiberty’s Secrets provides an exposé of their profound yet glossed-over insights, delving into the subjects most important to maintaining a free society at a time when we most need to recover them. In so doing, Liberty’s Secretsequips readers to use the Founders' knowledge and understanding to neutralize the cultural myths currently undermining American liberty.  It is hard not to wonder whether catastrophe is upon us. If ever there was a time to grow up as a nation, now is the time. It is time to recover the morals and moorings of our Founders. It is time to rediscover Liberty’s secrets.

Tell: poems for a girlhood


Soraya Peerbaye - 2015
    Virk was an Asian adolescent whose drowned body was found in the Gorge Waterway in a Victoria, BC suburb, in 1997. Some of the poems use found material from court transcripts. The murder made international headlines due to the viciousness employed by Virk's assailants: seven girls and one boy between the ages of 13 and 16, five of whom were white. The poems examine in part the poet's remembrances of girlhood, the unease of adolescence, and the circumstances that enable some to pass through unhurt.

Equal Before the Law: How Iowa Led Americans to Marriage Equality


Tom Witosky - 2015
    “And if being together through all of that isn’t love and commitment or isn’t family or isn’t marriage, then I don’t know what is.” Just minutes earlier on that day, April 3, 2009, the justices of the Iowa Supreme Court had agreed. The court’s decision in Varnum v. Brien made Iowa only the third state in the nation to permit same-sex couples to wed—moderate, midwestern Iowa, years before such left-leaning coastal states as California and New York. And unlike the earlier decisions in Massachusetts and Connecticut, Varnum v. Brien was unanimous and unequivocal. It catalyzed the unprecedented and rapid shift in law and public opinion that continues today.Equal Before the Law tells the stories behind this critical battle in the fight for marriage equality and traces the decision’s impact. The struggle began in 1998 with the easy passage of Iowa’s Defense of Marriage Act and took a turn, surprising to many, in 2005, when six ordinary Iowa couples signed on to Lambda Legal’s suit against the law. Their triumph in 2009 sparked a conservative backlash against the supreme court justices, three of whom faced tough retention elections that fall. Longtime, award-winning reporters Tom Witosky and Marc Hansen talked with and researched dozens of key figures, including opponent Bob Vander Plaats, proponents Janelle Rettig and Sharon Malheiro, attorneys Roger Kuhle, Dennis Johnson, and Camilla Taylor, and politicians Matt McCoy, Mary Lundby, and Tom Vilsack, who had to weigh their careers against their convictions. Justice Mark Cady, who wrote the decision, explains why the court had to rule in favor of the plaintiffs. At the center of the story are the six couples who sacrificed their privacy to demand public respect for their families. Through these voices, Witosky and Hansen show that no one should have been surprised by the 2009 decision. Iowans have a long history of leadership on civil rights. Just a year after Iowa became a state, its citizens adopted as their motto the phrase, “Our liberties we prize and our rights we will maintain.” And they still do today.

What's Divine about Divine Law?: Early Perspectives


Christine Elizabeth Hayes - 2015
    What's Divine about Divine Law? untangles the classical and biblical roots of the Western idea of divine law and shows how early adherents to biblical tradition--Hellenistic Jewish writers such as Philo, the community at Qumran, Paul, and the talmudic rabbis--struggled to make sense of this conflicting legacy.Christine Hayes shows that for the ancient Greeks, divine law was divine by virtue of its inherent qualities of intrinsic rationality, truth, universality, and immutability, while for the biblical authors, divine law was divine because it was grounded in revelation with no presumption of rationality, conformity to truth, universality, or immutability. Hayes describes the collision of these opposing conceptions in the Hellenistic period, and details competing attempts to resolve the resulting cognitive dissonance. She shows how Second Temple and Hellenistic Jewish writers, from the author of 1 Enoch to Philo of Alexandria, were engaged in a common project of bridging the gulf between classical and biblical notions of divine law, while Paul, in his letters to the early Christian church, sought to widen it. Hayes then delves into the literature of classical rabbinic Judaism to reveal how the talmudic rabbis took a third and scandalous path, insisting on a construction of divine law intentionally at odds with the Greco-Roman and Pauline conceptions that would come to dominate the Christianized West.A stunning achievement in intellectual history, What's Divine about Divine Law? sheds critical light on an ancient debate that would shape foundational Western thought, and that continues to inform contemporary views about the nature and purpose of law and the nature and authority of Scripture.

A Legal History of the Civil War and Reconstruction


Laura F. Edwards - 2015
    A Nation of Rights explores the implications of this major change by bringing legal history into dialogue with the scholarship of other historical fields. Federal policy on slavery and race, particularly the three Reconstruction amendments, are the best-known legal innovations of the era. Change, however, permeated all levels of the legal system, altering Americans' relationship to the law and allowing them to move popular conceptions of justice into the ambit of government policy. The results linked Americans to the nation through individual rights, which were extended to more people and, as a result of new claims, were reimagined to cover a wider array of issues. But rights had limits in what they could accomplish, particularly when it came to the collective goals that so many ordinary Americans advocated. Ultimately, Laura F. Edwards argues that this new nation of rights offered up promises that would prove difficult to sustain.

Inside the Cell: The Dark Side of Forensic DNA


Erin E. Murphy - 2015
    He was five inches shorter and 65 pounds lighter than the suspect described by the victim, but at trial a lab analyst testified that his DNA was found at the crime scene. His case looked like many others -- arrest, swab, match, conviction. But there was just one problem -- Sutton was innocent. We think of DNA forensics as an infallible science that catches the bad guys and exonerates the innocent. But when the science goes rogue, it can lead to a gross miscarriage of justice. Erin Murphy exposes the dark side of forensic DNA testing: crime labs that receive little oversight and produce inconsistent results; prosecutors who push to test smaller and poorer-quality samples, inviting error and bias; law-enforcement officers who compile massive, unregulated, and racially skewed DNA databases; and industry lobbyists who push policies of "stop and spit." DNA testing is rightly seen as a transformative technological breakthrough, but we should be wary of placing such a powerful weapon in the hands of the same broken criminal justice system that has produced mass incarceration, privileged government interests over personal privacy, and all too often enforced the law in a biased or unjust manner. Inside the Cell exposes the truth about forensic DNA, and shows us what it will take to harness the power of genetic identification in service of accuracy and fairness.

Judicial Review in an Objective Legal System


Tara Smith - 2015
    She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

Dying from Improvement: Inquests and Inquiries into Indigenous Deaths in Custody


Sherene H. Razack - 2015
    Repeating details of fatty livers, mental illness, alcoholic belligerence, and a mysterious incapacity to cope with modern life, the legal proceedings declare that there are no villains here, only inevitable casualties of Indigenous life.But what about a sixty-seven-year-old man who dies in a hospital in police custody with a large, visible, purple boot print on his chest? Or a barely conscious, alcoholic older man, dropped off by police in a dark alley on a cold Vancouver night? Or Saskatoon’s infamous and lethal starlight tours, whose victims were left on the outskirts of town in sub-zero temperatures? How do we account for the repeated failure to care evident in so many cases of Indigenous deaths in custody?In Dying from Improvement, Sherene H. Razack argues that, amidst systematic state violence against Indigenous people, inquiries and inquests serve to obscure the violence of ongoing settler colonialism under the guise of benevolent concern. They tell settler society that it is caring, compassionate, and engaged in improving the lives of Indigenous people – even as the incarceration rate of Indigenous men and women increases and the number of those who die in custody rises.Razack’s powerful critique of the Canadian settler state and its legal system speaks to many of today’s most pressing issues of social justice: the treatment of Indigenous people, the unparalleled authority of the police and the justice system, and their systematic inhumanity towards those whose lives they perceive as insignificant.

Paper Tiger: Law, Bureaucracy and the Developmental State in Himalayan India


Nayanika Mathur - 2015
    A welfare legislation aimed at providing employment and commanding a huge budget becomes 'unimplementable' in a region bedeviled by high levels of poverty and unemployment. Paper Tiger provides a lively ethnographic account of how such seemingly bizarre scenarios come to be in contemporary India. Based on eighteen months of intensive fieldwork, this book presents a unique explanation for why and how progressive laws can do what they do and not, ever-so-often, what they are supposed to do. It reveals the double-edged effects of the reforms that have been ushered in by the post-liberalization Indian state, particularly the effort to render itself more transparent and accountable. Through a meticulous detailing of everyday bureaucratic life on the Himalayan borderland, Paper Tiger makes an argument for shifting the very frames of thought through which we apprehend the workings of the developmental Indian state.

The FIRE Economy: New Zealand's Reckoning


Jane Kelsey - 2015
    Its rise has transformed our political, economic and social landscapes, supported by a neoliberal regime that celebrates markets, profit and risk. From rising inequality and ballooning household debt to a global financial crisis and fiscal austerity, the neoliberal ‘orthodoxy’ has brought instability and empowered the few. Yet it remains remarkably resilient, even resurgent, in New Zealand and abroad.In 1995 Jane Kelsey set out a groundbreaking account of the neoliberal revolution in The New Zealand Experiment. Now she marshals an exceptional range of evidence to show how this transfer of wealth and power has been systematically embedded over three decades.Today organisations and commentators once at the vanguard of neoliberal reform, including the IMF and Financial Times journalist Martin Wolf, are warning the current model is unsustainable. A post-neoliberal era beckons. In The FIRE Economy Kelsey identifies the risks posed by FIRE and the barriers embedded neoliberalism presents to a progressive, post-neoliberal transformation – and urges us to act. This is a book New Zealand cannot afford to ignore.

Civil Rights and the Promise of Equality


John Lewis - 2015
    It features powerful images from, for example, Leonard Freed's series, Black in White America, Ernest C. Withers's photographs of the Sanitation Workers' Solidarity March in Nashville, and Charles Moore's documentation of police brutality during the 1963 Birmingham Childrens' Crusade.Aligned to Common Core StandardsJohn Lewis is a civil rights leader and has been US Representative for Georgia's 5th congressional district since 1987.Bryan Stevenson is the founder and executive director of the Equal Justice Initiative and a professor at NYU School of Law.

The Economics of Immigration: Market-Based Approaches, Social Science, and Public Policy


Benjamin Powell - 2015
    Greater flows of immigration have the potential to substantially increase world income and reduce extreme poverty. Existing evidence indicates that immigration slightly enhances the wealth of natives born in destination countries while doing little to harm the job prospects or reduce the wages of most of the native-born population. Similarly, although a matter of debate, most credible scholarly estimates of the net fiscal impact of current migration find only small positive or negative impacts. Importantly, current generations of immigrants do not appear to be assimilating more slowly than prior waves.Although the range of debate on the consequences of immigration is much narrower in scholarly circles than in the general public, that does not mean that all social scientists agree on what a desirable immigration policy embodies. The second half of this book contains three chapters, each by a social scientist who is knowledgeable of the scholarship summarized in the first half of the book, which argue for very different policy immigration policies. One proposes to significantly cut current levels of immigration. Another suggests an auction market for immigration permits. The third proposes open borders. The final chapter surveys the policy opinions of other immigration experts and explores the factors that lead reasonable social scientists to disagree on matters of immigration policy.

Abortion After Roe


Johanna Schoen - 2015
    When in 1973 the Supreme Court made the procedure legal throughout the United States, it seemed that women were at last able to make decisions about their own bodies. In the four decades that followed, however, abortion became ever more politicized and stigmatized. Abortion after Roe chronicles and analyzes what the new legal status and changing political environment have meant for abortion providers and their patients. Johanna Schoen sheds light on the little-studied experience of performing and receiving abortion care from the 1970s--a period of optimism--to the rise of the antiabortion movement and the escalation of antiabortion tactics in the 1980s to the 1990s and beyond, when violent attacks on clinics and abortion providers led to a new articulation of abortion care as moral work. As Schoen demonstrates, more than four decades after the legalization of abortion, the abortion provider community has powerfully asserted that abortion care is a moral good.

American Law 101: An Easy Primer on the U.S. Legal System


Jasper Kim - 2015
    Legal System is a thorough introduction to American legal principles, a highly accessible user s guide into both the spirit and the black letter law underlying the U.S. legal system. Everyone who wants a better, working understanding of U.S. law and the way it is applied foreign lawyers, law students or those thinking about law school, business professionals, journalists, and the simply curious can use this straightforward, approachable guide to the American legal system. American Law 101 offers: .Easy-to-read and succinct explanations and examples of most of the concepts covered in U.S. law schools .Concepts and terms explained in plain English, with minimum use of American colloquialisms, cultural references, and slang .Short executive summaries of each chapter that cover the most crucial, "big picture" applications of the concepts covered .Simple and useful diagrams .Complete copies of the U.S. Constitution and Bill of Rights, as well as a glossary of legal terms Chapters include, thinking like an American lawyer, contracts, torts, constitutional law, criminal law and procedure, American perspectives on international business and public law, and alternative dispute resolution and civil litigation. American Law 101 offers a better understanding of the U.S. legal system--and the legal professionals working in it to domestic and international readers."

The History of Canada Series: Three Weeks in Quebec City: The Meeting That Made Canada


Christopher Moore - 2015
    The American Civil War, not yet over, encouraged the small and barely defended provinces to consider uniting for mutual protection. But there were other factors: the rapid expansion of railways and steamships spurred visions of a continent-spanning new nation.  Federation, in principle, had been agreed on at the Charlottetown conference, but now it was time to debate the difficult issues of how a new nation would be formed. The delegates included John A. Macdonald, George Etienne-Cartier, and George Brown. Historian Christopher Moore demonstrates that Macdonald, the future prime minister, surprisingly was not the most significant player here, and Canada could have become a very different place. The significance of this conference is played out in Canadian news each day. The main point of contention at the time was the issue of power—a strong federal body versus stronger provincial rights. Because of this conference, we have an elected House of Commons, an appointed Senate, a federal Parliament, and provincial legislatures. We have what amounts to a Canadian system of checks and balances. Did it work then, and does it work now?

Unfair: The New Science of Criminal Injustice


Adam Benforado - 2015
    The evidence is all around us: Our system of justice is fundamentally broken.   But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.   This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning.   Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system.    Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

Imperial from the Beginning: The Constitution of the Original Executive


Saikrishna Bangalore Prakash - 2015
    Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation’s chief executive at the Constitution’s founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president’s power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.

The Trial of Mary Todd Lincoln


James A. Rhodes - 2015
    

Unstable Constitutionalism: Law and Politics in South Asia


Mark V. Tushnet - 2015
    South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of "unstable constitutionalism," studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.

The Expressive Powers of Law: Theories and Limits


Richard H. McAdams - 2015
    Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs.People seek order, and they sometimes obtain a mutually shared benefit when each expects the other to behave in accordance with law. Traffic regulations, for example, coordinate behavior by expressing an orderly means of driving. A traffic sign that tells one driver to yield to another creates expectations in the minds of both drivers and so allows each to avoid collision. McAdams generalizes from traffic to constitutional and international law and many other domains. In addition to its coordinating function, law expresses information. Legislation reveals something important about the risks of the behavior being regulated, and social attitudes toward it. Anti-smoking laws, for example, signal both the lawmakers' recognition of the health risks associated with smoking and the public's general disapproval. This information causes individuals to update their beliefs and alter their behavior.McAdams shows how an expressive theory explains the law's sometimes puzzling efficacy, as when tribunals are able to resolve disputes even though they lack coercive power or legitimacy. The Expressive Powers of Law contributes to our understanding of the mechanisms by which law--simply by what it says rather than what it sanctions--generates compliance.

Urban Land Rent: Singapore as a Property State


Anne Haila - 2015
    In Urban Land Rent, Anne Haila uses Singapore as a case study to develop an original theory of urban land rent with important implications for urban studies and urban theory.Provides a comprehensive analysis of land, rent theory, and the modern city Examines the question of land from a variety of perspectives: as a resource, ideologies, interventions in the land market, actors in the land market, the global scope of land markets, and investments in land Details the Asian development state model, historical and contemporary land regimes, public housing models, and the development industry for Singapore and several other cities Incorporates discussion of the modern real estate market, with reference to real estate investment trusts, sovereign wealth funds investing in real estate, and the fusion between sophisticated financial instruments and real estate

The Crisis of Campus Sexual Violence: Critical Perspectives on Prevention and Response


Sara Carrigan Wooten - 2015
    In this volume, a diverse mix of expert contributors provide a critical, nuanced, and timely examination of some of the factors that inhibit effective prevention and response in higher education. Chapter authors take on one of the most troubling aspects of higher education today, bridging theory and practice to offer programmatic interventions and solutions to help institutions address their own competing interests and institutional culture to improve their practices and policies with regard to sexual violence. The Crisis of Campus Sexual Violence provides higher education scholars, administrators, and practitioners with a necessary and more holistic understanding of the challenges that colleges and universities face in implementing adequate and effective sexual assault prevention and response practices.

The Wit and Wisom of Nani A. Palkhivala


Jignesh R. Shah - 2015
    Palkhivala, a multi-talented personality, played diverse roles in his life—lawyer, diplomat, orator, author, political and economic thinker, and social reformer. An advocate of civil liberties, he proactively defended the Constitution and the principles enshrined in it.This book contains select quotations—classified subject-wise under various chapters—from his writings and speeches over six decades of his working life. The book introduces the man through his thoughts and ideas with the aim of inspiring readers, particularly the youth.

The Blueprint for LSAT Logic Games


Trent Teti - 2015
     The LSAT is a monster of an exam, and Logic Games –“Analytical Reasoning” to the stuffy logicians who write the test – is a monster within a monster. By using our Blueprint Building Blocks method (patent pending!), you’ll get all the LSAT weaponry you’ll need to slay the beast on test day. Learn to identify game types, set up diagrams the right way the first time, and answer questions quickly and efficiently using the same techniques taught in Blueprint’s best-in-the-industry LSAT prep course. The book contains 35 actual LSAT Logic Games from recent tests that you’ll work through step-by-step. Even better – and what you won’t get anywhere else – you’ll have full access for a year to detailed HD video explanations for every one of those real Logic Games in the book. Yep, you read right! Every single one. Those video explanations are taught by Matt Riley, a company founder who has taught thousands of students and never missed a Logic Games question on a real LSAT. You want more? Boy, you’re greedy. Fine! We’ll also give you access to Five Ways to Annihilate the LSAT, a webinar (that’s an online workshop for all you technophobes) that’ll give you a quick rundown of the best strategies for preparing your mind and budgeting your time in order to get that massive score increase you seek. Five Ways to Annihilate the LSAT is taught by Blueprint founder Trent Teti, a master of the test who has also taught thousands of students to crush the test. So, go ahead and click that nice yellow “Add to Cart” button right up there. Go on! The Blueprint for LSAT Logic Games is a true Logic Games bible.

Crashing the Party: Legacies and Lessons from the RNC 2000


Kris Hermes - 2015
    These concerted efforts to spy on Americans and undermine meaningful social change are greatly enhanced by the coordination of numerous local, state, and federal agencies often operating at the behest of private corporations. Crashing the Party shows how these developments—normally associated with the realities of a post–9/11 world—were already being set in motion during the Republican National Convention protests in 2000. It also documents how, in response, dissidents confronted new forms of political repression by pushing legal boundaries and establishing new models of collective resistance. Crashing the Party explains how the events of 2000 acted as a testing ground in which Philadelphia Police Commissioner John Timoney was able to develop repressive methods of policing that have been used extensively across the U.S. ever since. At the same time, these events also provided a laboratory for the radical, innovative, and confrontational forms of legal support carried out by R2K Legal, a defendant-led collective that raised unprecedented amounts of money for legal defense, used a unique form of court solidarity to overcome hundreds of serious charges, and implemented a PR campaign that turned the tide of public opinion in favor of dissidents. While much has been written about the global-justice era of struggle, little attention has been paid to the legal struggles of the period or the renewed use of solidarity tactics in jail and the courtroom that made them possible. By analyzing the successes and failures of these tactics, Crashing the Party offers rare insight into the mechanics and concrete effects of such resistance. In this way, it is an invaluable resource for those seeking to confront today’s renewed counterintelligence tactics.

Power, Suffering, and the Struggle for Dignity: Human Rights Frameworks for Health and Why They Matter


Alicia Ely Yamin - 2015
    Applying a human rights framework to health demands that we think about our own suffering and that of others, as well as the fundamental causes of that suffering. What is our agency as human subjects with rights and dignity, and what prevents us from acting in certain circumstances? What roles are played by others in decisions that affect our health? How do we determine whether what we may see as "natural" is actually the result of mutable, human policies and practices?Alicia Ely Yamin couples theory with personal examples of HRBAs at work and shows the impact they have had on people's lives and health outcomes. Analyzing the successes of and challenges to using human rights frameworks for health, Yamin charts what can be learned from these experiences, from conceptualization to implementation, setting out explicit assumptions about how we can create social transformation. The ultimate concern of Power, Suffering, and the Struggle for Dignity is to promote movement from analysis to action, so that we can begin to use human rights frameworks to effect meaningful social change in global health, and beyond.Alicia Ely Yamin is lecturer on law and global health and policy director at the Francois-Xavier Bagnoud Center for Health and Human Rights at Harvard University, and director of the J.D. M.P.H. Program at the Harvard T. H. Chan School of Public Health.

The Enduring Legacy of Rodriguez: Creating New Pathways to Equal Educational Opportunity


Charles J. Ogletree Jr. - 2015
    Rodriguez (1973), the landmark US Supreme Court decision that held that the Constitution does not guarantee equality of educational opportunity. Charles J. Ogletree, Jr., and Kimberly Jenkins Robinson have brought together a host of experts in their field to examine the road that led up to the Rodriguez decision, assess the successes and failures of the reforms that followed in its wake, and lay out an array of creative strategies for addressing the ongoing inequality of resources and socioeconomic segregation that perpetuate the inequity of opportunity in education.Successive waves of school reform efforts have failed to counteract the pernicious effects of inequality on student learning and achievement. The widely perceived exhaustion of these conventional approaches has led to a renewed interest in the Rodriguez decision and its impact on efforts to improve educational opportunity and outcomes for all students. A timely volume, The Enduring Legacy of Rodriguez makes a comprehensive statement that will inform research and reform for the next generation of scholars, educators, lawyers, and policy makers.

Law, Liberty and the Constitution: A Brief History of the Common Law


Harry Potter - 2015
    This accessible and entertaining history traces thegrowth of the law from its beginnings in Anglo-Saxon times to the present day. It shows how the law evolved from a means of ensuring order and limiting feuds to become a supremely sophisticated dispenser of justice and the primary guardian of civil liberties. This development owed much to the English kings and their judiciary, who, in the twelfth century, forged a unified system of law - predatingthat of any other European country - from almost wholly Anglo-Saxon elements. Yet by the seventeenth century this royal offspring - Oedipus Lex it could be called - was capable of regicide. Since then the law has had a somewhat fractious relationship with that institution upon which the regal mantle of supreme power descended, Parliament. This book tells the story of the common law not merely by describing major developments but by concentrating on prominent personalities and decisive cases relating to the constitution, criminal jurisprudence, and civil liberties. It investigates the great constitutional conflicts, the rise of advocacy, and curious and important cases relating to slavery, insanity, obscenity, cannibalism, the death penalty, and miscarriages of justice. The book concludes by examining the extension of the law into the prosecution of war criminals and protection of universal human rights and the threats posed by over-reaction to national emergencies and terrorism.Devoid of jargon and replete with good stories, Law, Liberty and the Constitution represents a new approach to the telling of legal history and will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic. Harry Potter is a former fellow of Selwyn College, Cambridge and a practising barrister specialising in criminal defence. He has authored books on the death penalty and Scottish history and wrote and presented an award-winning series on the history of the common law for the BBC.

Taking Rites Seriously


Francis J. Beckwith - 2015
    Covering three general topics - reason and motive, dignity and personhood, nature and sex - philosopher and legal theorist Francis J. Beckwith carefully addresses several contentious legal and cultural questions over which religious and non-religious citizens often disagree: the rationality of religious belief, religiously motivated legislation, human dignity in bioethics, abortion and embryonic stem cell research, reproductive rights and religious liberty, evolutionary theory, and the nature of marriage. In the process, he responds to some well-known critics of public faith - including Brian Leiter, Steven Pinker, Suzanna Sherry, Ronald Dworkin, John Rawls, and Richard Dawkins - as well as to some religiously conservative critics of secularism such as the advocates for intelligent design

There Is Room for You: Tales from a Transgender Defender's Heart


Zoe Dolan - 2015
     Indulge yourself for a moment and assume that human beings communicate through actions beyond words – and that meaning derives from our personal histories and how we digest them and convert their energy into our identities as individuals and together as a society. Fertilized by those beliefs, do our lives then grow to take on significance from the myths we live out in obscurity as lone souls, so that we may aspire to play a role in the story of humanity? Part memoir and part questioning of criminal justice in America by a trial lawyer known for handling terrorism cases, There Is Room for You is about coming to believe the title's promise. Let your imagination soar. Women's Studies, LGBT, Addiction/Recovery, Law, Travel

Guide to Intellectual Property: How companies can value and protect their best ideas


The Economist - 2015
    It covers patents, trademarks, domain names, copyrights, trade secrets and know-how. The IP of a big brand can be worth tens of billions of dollars. And yet IP is hard to value; accountants struggle with it, and banks treat it cautiously as loan collateral.Unsurprisingly, companies zealously guard their own ideas and fight to acquire those of others. Damages arising from infringements have fostered a sizeable claims industry. But IP law is complex. Protections deemed excessive to one party are seen as inadequate to another. Court decisions and interpretation of IP laws can be unpredictable, and can dramatically change the fortunes of businesses that rely on their IP – as demonstrated in the pharmaceutical industry’s battle with generic drugs.This guide to intellectual property will help companies, investors, and creative thinkers understand the scope and nature of IP issues, and maximize the value from this important intangible asset.

Examples & Explanations for The Law of Torts


Joseph W. Glannon - 2015
    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

The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain


Ilya Somin - 2015
    Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market.             In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them.  Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

American Burke: The Uncommon Liberalism of Daniel Patrick Moynihan


Greg Weiner - 2015
    He served in the administrations of presidents Kennedy, Johnson, Nixon, and Ford; was ambassador to India and the United Nations; and represented New York in the U.S. Senate for four terms. But he was also an intellectual of the first order, whose books and papers on topics ranging from welfare policy and ethnicity in American society to international law stirred debate and steered policy. Moynihan was, journalist Michael Barone remarked, the nation's best thinker among politicians since Lincoln and its best politician among thinkers since Jefferson. He was, Greg Weiner argues, America's answer to the 18th-century Anglo-Irish scholar-statesman Edmund Burke. Both stood at the intersection of thought and action, denouncing tyranny, defending the family, championing reform. Yet while Burke is typically claimed by conservatives, Weiner calls Moynihan a Burkean liberal who respected both the indispensability of government and the complexity of society. And a reclamation of Moynihan's Burkean liberalism, Weiner suggests, could do wonders for the polarized politics of our day.In its incisive analysis of Moynihan's political thought, American Burke lays out the terms for such a recovery. The book traces Moynihan's development through the broad sweep of his writings and career. The central conservative truth is that it is culture, not politics, that determines the success of a society, Moynihan once wrote. The central liberal truth is that politics can change a culture and save it from itself. In his ability to embrace both of these truths, this American Burke makes it bracingly clear that a wise political thinker can also be an effective political actor, and that commitments to both liberal and conservative values can coexist peaceably and productively. Weiner's work is not only a thorough and thoroughly engaging intellectual exploration of one of the most important politicians of the twentieth century; it is also a timely prescription for the healing of our broken system.

Argument Types and Fallacies in Legal Argumentation (Law and Philosophy Library)


Thomas Bustamante - 2015
    It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Mastering Services Pricing: Designing Pricing That Works for You and for Your Clients


Kevin Doolan - 2015
    The definitive guide on how to price services to deliver profit, fund for product development and meet the needs of the customer/client at a price they are happy to pay.As traditional manufacturing companies move to service provision, how should they price their services?What pricing model should they develop and what buyer behaviour model should they nurture? What will happen if you get your services offering right, but your pricing model wrong?Mastering Services Pricing shows you how to create pricing that allows you to deliver maximum profit and high client satisfaction.- Learn that the 'cost plus' model won't work for service provision- Understand how your competitors will use pricing to gain market share, create growth and tie in existing customers- Recognise that Product pricing is coercive, services pricing is collaborative- Understand that services pricing includes lots of 'frees'- Understand market positioning and how this affects your price and how you can communicate this to clients- Discover how to maximise profit and client satisfaction- Be confident in your pricing strategy by having a sound basis for your decision making

Concepts in Law and Economics: A Guide for the Curious


Jim Leitzel - 2015
    Law and economics features in public policy debates as well as across the social sciences in fields such as political economy, constitutional economics, and political science.Concepts in Law and Economics: A Guide for the Curious provides a comprehensive integration of the fields of law and economics. In clear prose, Jim Leitzel challenges traditional approaches to law and economics and uncovers common themes that cut across the two fields, providing readers with a means of integrating their knowledge to examine problems through both a legal and economic lens. This book covers the major methods of law and economics and applies those methods to various issues, including art vandalism, sales of human kidneys, and the ownership of meteorites. Compact yet comprehensive, this is an ideal introduction to a vast number of concepts and controversies in the fields of law and economics. Economics students, law students, and those with a general interest in the social sciences will find Concepts in Law and Economics an interesting and engaging read, and will emerge with the necessary skills for thinking like a law and economics practitioner.

Constitutional Law


Carlo L. Cruz and Isagani Cruz - 2015
    Without dignity, man is a beast no better than the other habitues of the jungle, free only in a physical sense because his freedom does not entail concomitant responsibilities. There is much to be said of such a life, to be sure. But like it or not, it is not for the ordinary person, who has to live with his fellowmen and in so doing must yield some of his innate freedom for the common welfare. That is the liberty protected by the Constitution and that is the liberty that, properly regulated, guarantees him his human dignity. The Bill of Rights acknowledges that he should surrender part of his liberty, but only so much of it and no more. The limits are fixed, to prevent an encroachment of authority that will strip him of his dignity and divest him of those human rights that make life fulfilling and meaningful. Beyond these limits, the exercise of authority becomes a repression that will debase the free society into a police state where power is exalted above freedom.

The Articulate Witness: An Illustrated Guide to Testifying Confidently Under Oath


Marsha Hunter - 2015
    Most of them have never been involved in a legal proceeding. But they have probably seen witnesses in high-profile trials on television, being harshly cross examined, looking nervous or anxious—perhaps even humiliated. The thought of testifying can be scary. Being subpoenaed can lead to weeks or months of anxiety until the day arrives when they raise their right hand and swear to tell the truth. This book is for them. Whether testifying at a trial, arbitration, or deposition, this book will help witnesses get ready for the experience. Easy-to-follow, illustrated tips prepare them to be a more compelling witness. The book contains answers to common questions, such as: What can I expect when I testify? How can I be a prepared and trustworthy witness? What is the key to calming my nerves? What questions should I ask the lawyer who called me? How do I keep my emotions in check? Can I channel my nervous energy into something positive? and How can I prevent getting flustered while testifying? Distinguished trial advocacy instructors who have been teaching lawyers to be self-assured communicators for 35 years now employ their techniques to help people who find themselves in the witness chair.

Don't Eat the Bruises: How to Foil Their Plans to Foil Your Case


Keith Mitnik - 2015
    

Police, Power, and the Production of Racial Boundaries


Ana Muñiz - 2015
    Sociologist Ana Muñiz shows how these influential groups used policies and everyday procedures to criminalize behaviors commonly associated with blacks and Latinos and to promote an exceedingly aggressive form of policing.   Muñiz illuminates the degree to which the definitions of “gangs” and “deviants” are politically constructed labels born of public policy and court decisions, offering an innovative look at the process of criminalization and underscoring the ways in which a politically powerful coalition can define deviant behavior. As she does so, Muñiz also highlights the various grassroots challenges to such policies and the efforts to call attention to their racist effects. Muñiz describes the fight over two very different methods of policing: community policing (in which the police and the community work together) and the “broken windows” or “zero tolerance” approach (which aggressively polices minor infractions—such as loitering—to deter more serious crime). Police, Power, and the Production of Racial Boundaries also explores the history of the area to explain how Cadillac-Corning became viewed by outsiders as a “violent neighborhood” and how the city’s first gang injunction—a restraining order aimed at alleged gang members—solidified this negative image. As a result, Muñiz shows, Cadillac-Corning and other sections became a test site for repressive practices that eventually spread to the rest of the city.

The Beginner's Guide to Chaos Magick: A Paradigm Of Peace, Prosperity and Empowerment


Oliver Hart - 2015
    It really resembles no other system, because Chaos Magick, by definition is actually not a closed system. Chaos Magic breaks through the cliches, preconceptions and boundaries which often plague other systems of magick. The idea of this book is presented for the beginner in mind. This beginner's guide to Chaos Magic leads one to experiment with the information presented, and to discover what resonates best with them. The all-to-common intimidating esoteric tones found in other paradigms are not present here. Instead, you have a practical and accessible approach to engaging in Chaos Magic that you can call your own. Find out why Chaos Magick is one of quickest growing areas of Western Occultism. It's a different kind of alchemy. With it, you can change your situations and navigate your reality as a powerful creator using the natural power of [Chaos] magick.

International Humanitarian Law


Emily Crawford - 2015
    With the aid of detailed examples, extracts from relevant cases, and useful discussion questions, students are expertly guided through the text. A recommended reading list is included in every chapter to support deeper engagement with the material. Emerging trends in theory and practice are also explored, allowing readers to build on their knowledge and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.

Real Queer?: Sexual Orientation and Gender Identity Refugees in the Canadian Refugee Apparatus


David A Murray - 2015
    But what are the inherent challenges in obtaining this proof? How is the system that assesses this predicated upon homonormative frameworks and nervous borders? What is the impact of gender, race and class? What is an authentic sexual or gender identity and how can it be performed? Real Queer? is an ethnographic examination of the Canadian refugee apparatus analysing the social, cultural, political and affective dimensions of a legal and bureaucratic process predicated on separating the authentic from the bogus LGBT refugee. Through interviews, conversations and participant observation with various participants ranging from refugee claimants to their lawyers, Refugee Protection Division staff and local support group workers, it reveals the ways in which sexuality simultaneously disrupts and is folded into the nation-state s dynamic modes of gate-keeping, citizenship and identity-making, and the uneven effects of these discourses and practices on this category of transnational migrants."

Make Your Own Living Trust


Denis Clifford Attorney - 2015
    By creating a living trust, your property will bypass lengthy and expensive probate proceedings and go directly to the people you've designated, quickly and easily.Make Your Own Living Trust explains how to create a living trust, transfer property to the trust, and amend or revoke the trust at any time. Use this book to:decide whether a living trust is right for your family create a probate-avoiding trust or an estate-tax-saving AB trust name beneficiaries to inherit your assets appoint someone to manage trust property inherited by children keep control over trust property while you live appoint someone to manage trust property if needed understand how to transfer all types of assets to your trust, including real estate, stocks, jewelry, art or business assets Make Your Own Living Trust includes all the forms you need to create your own trust, plus step-by-step instructions for filling them out. Completely updated and revised, this edition includes the latest tax and legal information, including updated information about the federal estate tax.Good in all states except Louisiana.

The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law


Michael H. Roffer - 2015
    Constitution ever to be repealed?How did King Henry II of England provide a procedural blueprint for criminal law?  These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse topics as the Code of Hammurabi, the Ten Commandments, the Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense, and more. Roffer takes us around the globe to ancient Rome and medieval England before transporting us forward to contemporary accounts that tackle everything from civil rights, surrogacy, and assisted suicide to the 2000 U.S. presidential election, Google Books, and the fight for marriage equality.   Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study. Justice may be blind, but this collection brings the rich history of the law to light.

The Oxford Handbook of the Theory of International Law


Anne OrfordTeemu Ruskola - 2015
    The Handbook features close to fifty original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field.The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

Bills, Quills, and Stills: An Annotated, Illustrated, and Illuminated History of the Bill of Rights


Robert McWhirter - 2015
    While various citizens' groups claim individual Articles in support of their positions, very few of us are sufficiently versed in either the framers' intentions or the Article's subsequent history and interpretation to argue either for or against them knowledgeably. Gun possession, freedom of speech, religious freedom, executive power, government surveillance - what exactly was the intent of the framers? What are the arguments surrounding them today? How did we get from that original intent to where we are now? This lively history of the Bill of Rights, written for the curious citizen as well the law student, traces the origin of the first ten Amendments over the span of nearly a thousand years; starting with the philosophical and religious understanding informing them, moving through their creation and meaning for the framers, and leading to their interpretation and disputation today. On the journey there are illuminating and entertaining diversions into the history of literature, religion, film, sports and popular culture.

OECD/G20 Base Erosion and Profit Shifting Project Addressing the Tax Challenges of the Digital Economy, Action 1 - 2015 Final Report


Organisation for Economic Co-operation and Development - 2015
    In 2013, OECD and G20 countries, working together on an equal footing, adopted a 15-point Action Plan to address BEPS. This publication is the final report for Action 1.

The Legal Line (The Hotshot Series, #1)


Kenneth Chung - 2015
    It is the deep and profound sorrow over the quality of the mindless sheep who graduate from law schools in this day and age. Okay, profound sorrow is a little harsh -but there is a general consensus that graduates are ill-prepared to survive, let alone excel, in the legal profession. Graduates have no idea what being lawyers are all about or what type of skills they need in practice. That's where we come in. We have compiled the expertise of several top law firms in this country [Malaysia] to give you the low-down on what to expect as a first-year litigator in a corporate malfeasance trial, or how they survived the brutality of a BPTC course (knowing where to get good food is one of their top tips). We have interviewed various lawyers and law lecturers on how students should conduct legal research and write legal essays. We have distilled the wisdom of managing partners and legal superstars on what make the essence of a brilliant litigator, a corporate law titan, a top-notch attorney general. And why have we done this? Because we believe that every new student pursuing this noble profession would undoubtedly have a passion for justice, and the ambition to excel (and to get filthy stinking rich!). This book will serve as a framework for students to understand what is required of them to reach their fullest potential. After all, making Hotshots is why we exist.You can get your copy here:http://www.lexisnexis.com.my/store/ca...

Hillary Rodham Clinton: A History of Scandal, Corruption and Cronyism


Bob Barr - 2015
    Its purpose is to educate the potential voter to these facts about this candidate before the 2016 presidential election.

The Oxford Handbook of Financial Regulation (Oxford Handbooks in Law)


Eilís Ferran - 2015
    This period has witnessed major developments in the nature and intensity of financial markets, as well as repeated cycles of regulatory reform and development, often linked to crisis conditions. The recent financial crisis has led to unparalleled interest in financial regulation from policymakers, economists, legal practitioners, and the academiccommunity, and has prompted large-scale regulatory reform. The Oxford Handbook of Financial Regulation is the first comprehensive, authoritative, and state-of-the-art account of the nature of financial regulation. Written by an international team of leading scholars in the field, it takes acontextual and comparative approach to examine scholarly, policy, and regulatory developments in the past three decades.The first three Parts of the Handbook address the underpinning horizontal themes which arise in financial regulation: financial systems and regulation; the organization of financial system regulation, including regional examples from the EU and the US; and the delivery of outcomes and regulatory techniques. The final three Parts address the major reoccurring objectives of financial regulation, widely regarded as the anchors of financial regulation internationally: financial stability; marketefficiency, integrity, and transparency; and consumer protection.The Oxford Handbook of Financial Regulation will be an invaluable resource for scholars and students of financial regulation, and for economists, policy-makers and regulators.

Constitutional Sound Bites, Volume Three: The Bill of Rights


David Shestokas - 2015
    Americans file thousands of lawsuits every year to defend their constitutional rights. The only way for a citizen to know if a right has been violated is to be aware the right exists. The goal of Constitutional Sound Bites Volume Three is to increase that awareness. Reading the Constitution gets off to a wonderful start with the Preamble’s soaring statement of purpose. After that much of it reads like a technical legal document, which it is. It becomes more meaningful when you look for the goals to be achieved with separation of powers, American Federalism or republican principles. This is equally true when considering the Bill of Rights. The first ten amendments are pieces of the jigsaw puzzle that fit together with the unamended Constitution to meet the goals of the Preamble. This Volume, points out the puzzle pieces in the Bill of Rights to help see how different aspects of the Constitution fit together to reveal a limited government intended to provide maximum freedom.

Sexual Violation in Islamic Law: Substance, Evidence, and Procedure


Hina Azam - 2015
    The work centers on legal discourses of the first six centuries of Islam, the period during which these discourses reached their classical forms, and chronicles the juristic conflict over whether or not to provide monetary compensations to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the Ḥanafī and Mālikī schools of law. This study examines several critical themes in Islamic law, such as the relationship between sexuality and property, the tension between divine rights and personal rights in sex crimes, and justifications of victim's rights afforded by the two competing doctrines.

Natural Law in Court: A History of Legal Theory in Practice


R.H. Helmholz - 2015
    Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law's foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War.R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Dissent and the Supreme Court: Its Role in the Court's History and the Nation's Constitutional Dialogue


Melvin I. Urofsky - 2015
    Brandeis (“Remarkable”—Anthony Lewis, The New York Review of Books; “Monumental”—Alan M. Dershowitz, The New York Times Book Review), Division and Discord, and Supreme Decisions—Melvin Urofsky’s major new book looks at the role of dissent in the Supreme Court and the meaning of the Constitution through the greatest and longest lasting public-policy debate in the country’s history, among members of the Supreme Court, between the Court and the other branches of government, and between the Court and the people of the United States.   Urofsky writes of the necessity of constitutional dialogue as one of the ways in which we as a people reinvent and reinvigorate our democratic society. In Dissent and the Supreme Court, he explores the great dissents throughout the Court’s 225-year history. He discusses in detail the role the Supreme Court has played in helping to define what the Constitution means, how the Court’s majority opinions have not always been right, and how the dissenters, by positing alternative interpretations, have initiated a critical dialogue about what a particular decision should mean. This dialogue is sometimes resolved quickly; other times it may take decades before the Court adjusts its position. Louis Brandeis’s dissenting opinion about wiretapping became the position of the Court four decades after it was written. The Court took six decades to adopt the dissenting opinion of the first Justice John Harlan in Plessy v. Ferguson (1896)—that segregation on the basis of race violated the Constitution—in Brown v. Board of Education (1954).   Urofsky shows that the practice of dissent grew slowly but steadily and that in the nineteenth century dissents became more frequent. In the (in)famous case of Dred Scott v. Sanford (1857), Chief Justice Roger Taney’s opinion upheld slavery, declaring that blacks could never be citizens. The justice received intense condemnations from several of his colleagues, but it took a civil war and three constitutional amendments before the dissenting view prevailed and Dred Scott was overturned.   Urofsky looks as well at the many aspects of American constitutional life that were affected by the Earl Warren Court—free speech, race, judicial appointment, and rights of the accused—and shows how few of these decisions were unanimous, and how the dissents in the earlier cases molded the results of later decisions; how with Roe v. Wade—the Dred Scott of the modern era—dissent fashioned subsequent decisions, and how, in the Court, a dialogue that began with the dissents in Roe has shaped every decision since.   Urofsky writes of the rise of conservatism and discusses how the resulting appointments of more conservative jurists to the bench put the last of the Warren liberals—William Brennan and Thurgood Marshall—in increasingly beleaguered positions, and in the minority. He discusses the present age of incivility, in which reasoned dialogue seems less and less possible. Yet within the Marble Palace, the members of the Supreme Court continue to hear arguments, vote, and draft majority opinions, while the minority continues to “respectfully dissent.” The Framers understood that if a constitution doesn’t grow and adapt, it atrophies and dies, and if it does, so does the democratic society it has supported. Dissent—on the Court and off, Urofsky argues—has been a crucial ingredient in keeping the Constitution alive and must continue to be so.(With black-and-white illustrations throughout.)

An Introduction to International Organizations Law


Jan Klabbers - 2015
    It is structured around the three defining relationships IOs engage in - namely, with their member states, with their organs and staff, and with the outside world. These different dynamics give rise to different concerns, which each help to explain the logic behind international institutional law. The text also discusses the essential topics of the law of IOs, including powers and finances, privileges and immunities, institutional structures, and accountability. By demonstrating how the theory works in practice, with recent examples, students will observe the impact and significance of International Organizations Law. Updated with the latest case law and literature, this new edition also contains discussions of the withdrawal of Israel and the US from UNESCO, Brexit, and the Covid-19 pandemic, and how these affect the law of international organizations.

Portuguese Slanguage: A Fun Visual Guide to Portuguese Terms and Phrases


Mike Ellis - 2015
    Soon you’ll be speaking simple Portuguese words and phrases well enough to be understood—such as Where do you live? (Own Day Mode Eh?) or Nice to meet you (Praise Aid Aim Con Said).

Breaking the Silence: Voices of Moderation - Islam In a Constitutional Democracy


G25 Malaysia - 2015
    They stressed that the extremist and intolerant voices do not speak for the general Muslim community, and they called for a review of Shariah law and civil law to be in line with the supremacy of the Federal Constitution. Will it be possible to arrest these destructive forces that are taking control of the future wellbeing of Malaysia? The G25 hopes it would, and that this book will bring greater awareness of the dangers that are tearing apart Malaysian's social fabric. In this important volume, 22 leading academics, lawyers and social activists discuss the impact of Islamic bureaucracy in Malaysia and its consistency with the provisions of the Federal Constitution. They also address the socio-political dimensions and cultural-economic implications on Malaysian society.“While the principles of equality and justice are fundamental to the Qur’an, a deeper and broader understanding of both is critical at this point in time. But more than understanding the two principles, it is ensuring that they are put into practice that is the real challenge.” —Dr Chandra MuzaffarPresident of the International Movement for a Just WorldThe ContributorsDr Asiah Abu Samah • Dr Asma Abdullah • Aston Paiva • Dr Azmi Sharom • Dr Chandra Muzaffar • Farouk A. Peru • Fawza Sabila Faudzi • Firdaus Husni • Koh Kek Hoe • Lim Heng Seng • Dr Maszlee Malik • Mohd Afif bin Daud • Dr Mohd Azizuddin Mohd Sani • Mohd Sheriff Mohd Kassim • Dr Mohd Nawab Osman • Nizam Bashir • Ranita Hussein • Rosli Dahlan • Dr Shad Saleem Faruqi • Shazal Yusuf Zain • Dr Syed Farid Alatas • Zainah Anwar

What's Wrong with Rights?: Social Movements, Law and Liberal Imaginations


Radha D'Souza - 2015
    On the one hand, they’re used by business and governments as a justification for globalization—if the spread of corporate capitalism also helps lead to improvements in human rights, then globalization must be good, right? At the same time, though, even those on the left who are skeptical of that discourse tend to hew to a belief in rights themselves, like the right to food, medicine, housing, free speech, assembly, and religion.             How can these conflicting attitudes towards rights be reconciled? Radha D’Souza lays out the problem and the solution in this book, applying legal thought to human rights to bridge the gap between rights in the abstract and their institutional context. Through close looks at real struggles, D’Souza shows how the left around the world can develop new strategies and tactics to achieve the goals embodied by rights discourse without giving cover to globalization.

Everything You Need to Know About the Referendum to Recognise Indigenous Australians


Megan Davis - 2015
    It explains what the 1967 referendum—in which more than 90 percent of Australians voted to delete discriminatory references to Aboriginal people from the Constitution—achieved and why discriminatory racial references remain. Close to 15 million people will cast their vote in the upcoming referendum (the date is to be announced) and need expert information that is clear and informed—as found in this book—allowing them to participate in the debate and make an informed decision. Written by two of the best-known experts in the country on matters legal, indigenous, and constitutional, the book shows the symbolic and legal power of such a change and how to get there.

Answering the Call: An Autobiography of the Modern Struggle to End Racial Discrimination in America


Nathaniel R. Jones - 2015
    Jones’s pathbreaking career was forged in the 1960s: as the first African American assistant U.S. attorney in Ohio; as assistant general counsel of the Kerner Commission; and, beginning in 1969, as general counsel of the NAACP. In that latter role, Jones coordinated attacks against Northern school segregation—a vital, divisive, and poorly understood chapter in the movement for equality—twice arguing in the pivotal U.S. Supreme Court case Bradley v. Milliken, which addressed school desegregation in Detroit. He also led the national response to the attacks against affirmative action, spearheading and arguing many of the signal legal cases of that effort.Judge Jones's story is an essential corrective to the idea of a post-racial America—his voice and his testimony offering enduring evidence of the unfinished work of ending Jim Crow's legacy.

The Enigma of Diversity: The Language of Race and the Limits of Racial Justice


Ellen Berrey - 2015
    That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences. Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.

Love's Promises: How Formal and Informal Contracts Shape All Kinds of Families


Martha M. Ertman - 2015
    In Love’s Promises, however, law professor Martha Ertman shows that far from cold and calculating, contracts shape and sustain families. Blending memoir and law, Ertman delves into the legal cases, anecdotes, and history of family law to show that love comes in different packages, each shaped by different contracts and mini-contracts she calls “deals.” Family law should and often does recognize that variety because legal rules, like relationships, aren’t one size fits all. The most common form of family—which Ertman calls “Plan A”—come into being through different kinds of agreements than the more uncommon families that she dubs “Plan B.” Recognizing the contractual core of all families shows that Plan B is neither unnatural nor unworthy of legal recognition, just different.After telling her own moving and often irreverent story about becoming part of a Plan B family of two moms and a dad raising a child, Ertman shows that all kinds of people—straight and gay, married and single, related by adoption or by genetics—use contracts to shape their relationships. As couples navigate marriage, reproductive technologies, adoption, and cohabitation, they encounter contracts. Sometimes hidden and other times openly acknowledged, these contracts ensure that the people they think of as “family” are legally recognized as family in the eyes of the law.  Family exchanges can be substantial, like vows of fidelity, or small, like “I cook and you clean.” But regardless of scope, the agreements shape the emotional, social, and financial terrain of family relationships. Seeing the instrumental role contracts will help readers better understand how contracts and deals work in their own families as well as those around them. Both insightful and paradigm-shifting, Love’s Promises lets readers in on the power of contracts and deals to support love in its many forms and to honor the different ways that our nearest and dearest contribute to our daily lives.

Earl Warren and the Struggle for Justice


Paul Moke - 2015
    Based on newly available source materials, it traces Warren's progressive vision of government from its origins in the fight against urban corruption in Oakland, California during the 1930s to its culmination in the effort to professionalize public school administration, law enforcement, and the management of the electoral process under the auspices of the U.S. Constitution. Although Warren's major social justice decisions strengthened democracy at a crucial juncture in American and world history, in times of crisis his excessive deference to national security officials sometimes jeopardized other core human rights, as shown in his approaches to the Japanese internment and the investigation into the assassination of President John Kennedy. The book offers accessible and fresh insights into the dynamics of the Supreme Court and the accomplishments of Earl Warren, the man, jurist, and political leader. --Daniel P. Tokaji, The Ohio State University Moritz College of Law "CHOICE"

Debating Hate Crime: Language, Legislatures, and the Law in Canada


Allyson Lunny - 2015
    Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. Lunny reveals the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical account of some of Canada’s most passionate public debates on victimization, rightful citizenship, social threat, and moral erosion.

An Introduction to the Model Penal Code


Markus D. Dubber - 2015
    Professor Dubber unlocks the Model Penal Code's potential as a key to the study of American criminal law for law students and teachers, and for anyone else with an interest in understanding the basic contours of American criminal law. While the book's general goal and basic approach remain unchanged, its content has been thoroughly revised. Citations to primary and secondary materials have been updated and supplemented where appropriate. The American Law Institute's ongoing revision of the Code's sentencing and sexual offense provisions has been taken into account. Also, the comparative analysis found sporadically throughout the original edition has been expanded in places to provide additional context.

Debating the American State: Liberal Anxieties and the New Leviathan, 193-197


Anne M. Kornhauser - 2015
    Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This leviathan state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought--to the extent that Big Government is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function.Debating the American State traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices--commonly drowned out in the increasingly partisan political discourse--of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.

Introduction to International Law


T.W. Bennett - 2015
    Sources, such as treaties and cases, have proliferated, as well as reports, commentaries, textbooks and articles. Introduction to International Law, written primarily with the South African reader in mind, is intended to provide a conceptual overview and analysis of this body of materials.The topics addressed in this book include a history of international law, its sources, subjects and objects, the relationship between international law and municipal law, human rights, economic law, international organizations, international criminal and humanitarian law, peaceful settlement of disputes and the use of force.

Handbook of Space Law (Research Handbooks in International Law series)


Frans Von Der Dunk - 2015
    

Sex Crimes: Transnational Problems and Global Perspectives


Alissa Ackerman - 2015
    Policy makers and practitioners are in need of a resource that explores the incidence, prosecution, and treatment of sexual crimes across different countries and cultures.This book is the first to investigate all aspects of sexual crimes and the policy and management initiatives developed to address them from a transnational, global perspective. Introducing an array of new tools for reducing the prevalence and consequences of sex crimes, this volume brings together leading scholars in criminology, criminal justice, social work, and law to discuss topics ranging from sex trafficking and sex tourism to pornography, cyberstalking, and sexual abuse in the military and the Catholic church. Case studies track the reporting of these crimes, the methods used to interview victims and perpetrators, and the policies enacted to punish those involved.

TIME For Kids Book of WHAT: Everything Inventions


TIME for Kids - 2015
    Colorful graphics, spectacular photos and clear, engaging diagrams will help answer questions such as: What are some inventions made by kids? what is Kevlar? What is a geodesic dome? TIME For Kids The Book of What: Everything Inventions is a must-have book to satisfy the most curious of kids.

Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases


Shoba Sivaprasad Wadhia - 2015
    in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted "nonpriority" status pursuant to INS's (now DHS's) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the "truly dangerous" in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency's prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration's Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform.Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of "deferred action" in the law as a formal benefit.

Crimes of Terror: The Legal and Political Implications of Federal Terrorism Prosecutions


Wadai Saaid - 2015
    government's power to categorize individuals as terrorist suspects and therefore ineligible for certain long-standing constitutional protections has expanded exponentially since 9/11, all the while remaining resistant to oversight. Crimes of Terror: The Legal and PoliticalImplications of Federal Terrorism Prosecutions provides a comprehensive and uniquely up-to-date dissection of the government's advantages over suspects in criminal prosecutions of terrorism, which are driven by a preventive mindset that purports to stop plots before they can come to fruition. Itestablishes the background for these controversial policies and practices and then demonstrates how they have impeded the normal goals of criminal prosecution, even in light of a competing military tribunal model. Proceeding in a linear manner from the investigatory stage of a prosecution on throughto sentencing, the book documents the emergence of a terrorist exceptionalism to normal rules of criminal law and procedure and questions whether the government has overstated the threat posed by the individuals it charges with these crimes. Included is a discussion of the large-scale spying anduse of informants rooted in the questionable radicalization theory; the material support statute--the government's chief legal tool in bringing criminal prosecutions; the new rules regarding generation of evidence and the broad construction of that evidence as relevant at trial; and a look at thespecial sentencing and confinement regimes for those convicted of terrorist crimes. In this critical examination of terrorism prosecutions in federal court, Professor Said reveals a phenomenon at odds with basic constitutional protections for criminal defendants.

Mastering The Mechanics Of Civil Jury Trials: A Strategic Guide Outlining The Anatomy Of A Trial


Tyler G. Draa - 2015
    These invaluable references are available at the touch of your fingertips as you prepare for, or learn about, critical strategies for key civil trial procedures. Mastering the Mechanics of Civil Jury Trials is THE eBook for law students, practicing attorneys, and all who are interested in law. Written by a veritable dream team of civil litigators, one a sitting judge, and all among the top-rated attorneys in the state of California, it’s endorsed by a Who’s Who of star attorneys, Bar associations, and universities due to the full color of real cases versus the black and white limitations of textbook study. Tyler G. Draa et al. are paying it forward with #LegacyLaw.The sequential mechanics of plaintiff or defendant representation is laid out clearly, with practice and planning in mind, gleaned from decades of real practice, including judicial comments throughout, covering: Reconnaissance; Pre-Trial Management; Voir Dire; Motions; Evidence; Cross and Direct Examination; Settlements; Arguments; and every step in between that should be but is not taught in law schools.Numerous legal references apply, enhanced by exhaustively comprehensive state-by-state Appendices listing statutory rulings covering important aspects of trial, including: Peremptory Challenges; Evidentiary Hearings; Jury Instructions; Computer Animation & Other Simulations; Statutes Mirroring CCP 776; and Impeaching Experts With Learned Treatises.In true pay-it-forward fashion, a portion of author proceeds are designated to continuing education organizations and charitable causes.

Emanuel Law Outlines: Criminal Law (The Emanuel Law Outlines Series)


Steven L. Emanuel - 2015
    Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.

Water Law in a Nutshell, 5th


David Getches - 2015
    Virtually every principal case in the leading casebooks is cited or discussed, making it an excellent aid for students in any water law course. The revised book deals with changes in evolving areas like groundwater-surface water conflicts, public recreational uses, instream flow protection, federal water development, takings claims, and public interest concerns.

Of the Law of Nature


Matthew Hale - 2015
    After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law and theology in his thought, but also the importance of nautral law to early modern legal thought.

Street on Torts


Christian Witting - 2015
    Witting incorporates the latest learning on each of the torts covered in this book to provide a thoughtful account of the purposes, rules, and operation of the law. Coverage has been closely mapped to undergraduate law courses around the UK and updates and web links can be found on the accompanying Online Resource Centre.

The Oxford Handbook of European Union Law


Anthony Arnull - 2015
    The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact.The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers.The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.

Public Law Concentrate: Law Revision and Study Guide


Colin Faragher - 2015
    Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students..."I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University"The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level." - Stephanie Lomas, law student, University of Central Lancashire"It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London"The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University"The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham"The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London"- it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University

Forging Rivals: Race, Class, Law, and the Collapse of Postwar Liberalism


Reuel E. Schiller - 2015
    But by the mid-1970s, postwar liberalism was in a shambles: while its commitment to pluralism remained, its economic policies had been abandoned, and the Democratic Party, its primary political vehicle, was collapsing. Schiller attributes this demise to the legal architecture of postwar liberalism, arguing that postwar liberalism's goals of advancing economic egalitarianism and promoting pluralism ultimately conflicted with each other. Through the use of specific historical examples, Schiller demonstrates that postwar liberalism was riddled with legal and institutional contradictions that undermined progressive politics in the mid-twentieth century United States.