Best of
Law
2016
East West Street: On the Origins of "Genocide" and "Crimes Against Humanity"
Philippe Sands - 2016
It begins in 2010 and moves backward and forward in time, from the present day to twentieth-century Poland, France, Germany, England, and America, ending in the courtroom of the Palace of Justice at the International Military Tribunal in Nuremberg in 1945. The book opens with the author being invited to give a lecture on genocide and crimes against humanity at Lviv University, welcomed as the first international law academic to give a lecture there on such subjects in fifty years. Sands accepted the invitation with the intent of learning about the extraordinary city with its rich cultural and intellectual life, home to his maternal grandfather, a Galician Jew who had been born there a century before and who’d moved to Vienna at the outbreak of the First World War, married, had a child (the author’s mother), and who then had moved to Paris after the German annexation of Austria in 1938. It was a life that had been shrouded in secrecy, with many questions not to be asked and fewer answers offered if they were. As the author uncovered, clue by clue, the deliberately obscured story of his grandfather’s mysterious life and of his flight first to Vienna and then to Paris, and of his mother’s journey as a child surviving Nazi occupation, Sands searched further into the history of the city of Lemberg and realized that his own field of humanitarian law had been forged by two men—Rafael Lemkin and Hersch Lauterpacht—each of whom had studied law at Lviv University in the city of his grandfather’s birth, each of whom had come to be considered the finest international legal mind of the twentieth century, each considered to be the father of the modern human rights movement, and each, at parallel times, forging diametrically opposite, revolutionary concepts of humanitarian law that had changed the world. In this extraordinary and resonant book, Sands looks at who these two very private men were, and at how and why, coming from similar Jewish backgrounds and the same city, studying at the same university, each developed the theory he did, showing how each man dedicated this period of his life to having his legal concept—“genocide” and “crimes against humanity”—as a centerpiece for the prosecution of Nazi war criminals. And the author writes of a third man, Hans Frank, Hitler’s personal lawyer, a Nazi from the earliest days who had destroyed so many lives, friend of Richard Strauss, collector of paintings by Leonardo da Vinci. Frank oversaw the ghetto in Lemberg in Poland in August 1942, in which the entire large Jewish population of the area had been confined on penalty of death. Frank, who was instrumental in the construction of concentration camps nearby and, weeks after becoming governor general of Nazi-occupied Poland, ordered the transfer of 133,000 men, women, and children to the death camps. Sands brilliantly writes of how all three men came together, in October 1945 in Nuremberg—Rafael Lemkin; Hersch Lauterpacht; and in the dock at the Palace of Justice, with the twenty other defendants of the Nazi high command, prisoner number 7, Hans Frank, who had overseen the extermination of more than a million Jews of Galicia and Lemberg, among them, the families of the author’s grandfather as well as those of Lemkin and Lauterpacht. A book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder. Powerful; moving; tender; a revelation.
Love Wins: The Lovers and Lawyers Who Fought the Landmark Case for Marriage Equality
Debbie Cenziper - 2016
Through insider accounts and access to key players, this definitive account reveals the dramatic and previously unreported events behind Obergefell v Hodges and the lives at its center. This is a story of law and love—and a promise made to a dying man who wanted to know how he would be remembered. Twenty years ago, Jim Obergefell and John Arthur fell in love in Cincinnati, Ohio, a place where gays were routinely picked up by police and fired from their jobs. In 2013, the Supreme Court ruled that the federal government had to provide married gay couples all the benefits offered to straight couples. Jim and John—who was dying from ALS—flew to Maryland, where same-sex marriage was legal. But back home, Ohio refused to recognize their union, or even list Jim’s name on John’s death certificate. Then they met Al Gerhardstein, a courageous attorney who had spent nearly three decades advocating for civil rights and who now saw an opening for the cause that few others had before him. This forceful and deeply affecting narrative—Part Erin Brockovich, part Milk, part Still Alice—chronicles how this grieving man and his lawyer, against overwhelming odds, introduced the most important gay rights case in U.S. history. It is an urgent and unforgettable account that will inspire readers for many years to come.www.Facebook.com/LoveWins#LoveWins
You Have the Right to Remain Innocent
James Duane - 2016
Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
The Law of Self Defense
Andrew F. Branca - 2016
That's why you're prepared to protect yourself and your loved ones. Now arm yourself for the legal battle that happens after an attack. The first fight is for your life – the second for your liberty. FREE BONUS: Download our FREE REPORT "Top 10 Self-Defense Legal Blunders" (lawofselfdefense.com/freereport) FREE VIDEO BONUS: Watch the weekly "Law of Self Defense LIVE Show" every Wednesday, 2PM Eastern (lawofselfdefense.com/show) Andrew F. Branca, the renowned expert in self-defense law, teaches you how to make quick, effective, legally appropriate decisions in life-and-death situations. His easy-to-understand analysis thoroughly covers the laws of all fifty states. Key legal principles are illustrated with interesting, sometimes heart-wrenching, true life examples of people defending themselves, and how their decisions helped, hurt, or even destroyed their case. This thoroughly updated third edition includes an all new chapter on interacting with the police, including what to say (or not say!) to 911, first responders, and detectives. Don't be a victim. Stay safe from both the physical attack and the legal aftermath. This book, with a foreword by legendary use-of-force expert Massad Ayoob, will teach you the powerful legal truth that protects your life, wealth, and freedom.
The Intimidation Game: How the Left Is Silencing Free Speech
Kimberley Strassel - 2016
For nearly 40 years, Washington and much of the American public have held up disclosure and campaign finance laws as ideals, and the path to cleaner and freer elections. This book will show, through first-hand accounts, how both have been hijacked by the Left as weapons against free speech and free association, becoming the most powerful tools of those intent on silencing their political opposition. THE INTIMIDATION GAME provides a chilling expose of political scare tactics and overreach, including:How Citizens United set off a wave of liberal harassment against conservative politiciansThe targeting of Tea Party groups by the IRSHow Wisconsin prosecutors, state AGs, and a Democratic Congress shut down political activists and businessesThe politicization by the Obama administration of a host of government agencies including the FEC, FCC and the SECTimed to arrive at the height of the 2016 presidential season, THE INTIMIDATION GAME will shine a much-needed light on how liberal governance and the Democratic machine bullies the political process.
Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women's Lives at Work
Gillian Thomas - 2016
Title VII of the law made it illegal to discriminate “because of sex.” But that simple phrase didn’t mean much until ordinary women began using the law to get justice on the job—and some took their fights all the way to the Supreme Court. Among them were Ida Phillips, denied an assembly line job because she had a preschool-age child; Kim Rawlinson, who fought to become a prison guard—a “man’s job”; Mechelle Vinson, who brought a lawsuit for sexual abuse before “sexual harassment” even had a name; Ann Hopkins, denied partnership at a Big Eight accounting firm because the men in charge thought she needed "a course at charm school”; and most recently, Peggy Young, UPS truck driver, forced to take an unpaid leave while pregnant because she asked for a temporary reprieve from heavy lifting.These unsung heroines’ victories, and those of the other women profiled in Gillian Thomas' Because of Sex, dismantled a “Mad Men” world where women could only hope to play supporting roles; where sexual harassment was “just the way things are”; and where pregnancy meant getting a pink slip.Through first-person accounts and vivid narrative, Because of Sex tells the story of how one law, our highest court, and a few tenacious women changed the American workplace forever.
The Framers' Coup: The Making of the United States Constitution
Michael J. Klarman - 2016
Few, then, would describe the writing of it as a process fraught with highly improbable circumstances, coincidences, compromises, and largely unexpected outcomes. As Benjamin Franklin keenly observed, any assembly of men, no matter how talented, bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that—inevitably—they also had interests. Based on prodigious research and told largely through the voices of the participants, Michael Klarman's The Framers' Coup: The Making of the United States Constitution tells the story of how the Framers' interests shaped the constitution, and what that means for our use of the document today.The Philadelphia convention could easily have been a failure, or not happened at all. Without the heroic efforts of James Madison, George Washington's last-minute decision to attend, and the countless negotiations in the midst of debate and gridlock, the constitution we know today may never have been ratified. Had anything gone wrong and the convention been dissolved without consensus, any number of events may have occurred, such as a civil war, or reversion to monarchy. Klarman's narration of these events is full of colorful characters and riveting stories: the rebellion by debtor farmers in Massachusetts; the deal that induced John Hancock to support ratification; the secretive dealings of Alexander Hamilton and John Jay at the New York ratifying convention that produced an improbable victory. The constitution, he shows, was not created by rousing national consensus—an impractical concept at the time—but by the personal preferences of its creators. Moreover, the convention produced a constitution very different from what most Americans anticipated. How did the Framers convince Americans to approve a scheme so unrepresentative of national opinion? And to what extent should Americans rely on it today?Towards the end of his life, Thomas Jefferson noted that each generation has "a right to choose for itself the form of government it believes most promotive of its own happiness," and that constitutions should not be deemed, "too sacred to be touched." As Jefferson would have recognized, and as Klarman depicts in this captivating retelling of one of America's most famous stories, the Constitution is and has always been used as a tool to defend particular interests, and its sanctity should not go unchallenged.
The Supreme Court
Ruadhan Mac Cormaic - 2016
a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3
The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland.
'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year'[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books'Compelling ... a remarkable story, told with great style' Irish Times'Authoritative, well-written and highly entertaining' Sunday TimesThe work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives.Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world.The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail.The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state.Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.
Scalia's Court: A Legacy of Landmark Opinions and Dissents
Antonin Scalia - 2016
After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia's own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence.“I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?”Now that "the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy—and to care.
Our Republican Constitution: Securing the Liberty and Sovereignty of We the People
Randy E. Barnett - 2016
In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority.In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied.Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
The Lynching: The Epic Courtroom Battle That Brought Down the Klan
Laurence Leamer - 2016
The young men were members of Klavern 900 of the United Klans of America. They were seeking to retaliate after a largely black jury could not reach a verdict in a trial involving a black man accused of the murder of a white man. The two Klansmen found nineteen-year-old Michael Donald walking home alone. Hays and Knowles abducted him, beat him, cut his throat, and left his body hanging from a tree branch in a racially-mixed residential neighborhood.Arrested, charged, and convicted, Hays was sentenced to death—the first time in nearly a century that the state of Alabama had found a white man guilty of killing a black man. On behalf of Michael’s grieving mother, Morris Dees, the legendary civil rights lawyer and co-founder of the Southern Poverty Law Center, filed a civil suit against the members of the local Klan unit involved and the UKA, the largest Klan organization. Charging them with conspiracy, Dees put the Klan on trial, resulting in a verdict that would level a deadly blow to its organization.Based on countless interviews and extensive archival research, The Lynching brings to life two dramatic trials, during which the Alabama Klan's motives and philosophy were exposed for the evil they represent. In addition to telling a gripping and consequential story, Laurence Leamer chronicles the KKK and its activities in the second half the twentieth century, and illuminates its lingering effect on race relations in America today.
My Own Liberator: A Memoir
Dikgang Moseneke - 2016
In tracing his ancestry, the influence on both his maternal and paternal sides is evident in the values they imbued in their children – the importance of family, the value of hard work and education, an uncompromising moral code, compassion for those less fortunate and unflinching refusal to accept an unjust political regime or acknowledge its oppressive laws. As a young activist in the Pan-Africanist Congress, at the tender age of fifteen, Moseneke was arrested, detained and, in 1963, sentenced to ten years on Robben Island for participating in anti-apartheid activities. Physical incarceration, harsh conditions and inhumane treatment could not imprison the political prisoners’ minds, however, and for many the Island became a school not only in politics but an opportunity for dedicated study, formal and informal. It set the young Moseneke on a path towards a law degree that would provide the bedrock for a long and fruitful legal career and see him serve his country in the highest court. My Own Liberator charts Moseneke’s rise as one of the country’s top legal minds, who not only helped to draft the interim constitution, but for fifteen years acted as a guardian of that constitution for all South Africans, helping to make it a living document for the country and its people. “This memoir is a fascinating account of the formation of the cadres who would have the responsibility both to help liberate our country and attend to its reconstruction and development.” Thabo Mbeki
Can You Stiff Your Divorce Lawyer? Tales of How Cunning Clients Can Get Free Legal Work, as Told by an Experienced Divorce Attorney
Portia Porter - 2016
Not this book. This book gives lawyers tools for keeping the doors open and a shot at paying off those pesky student loans. No, there is no silver bullet. Yes, it is the sort of thing one learns by experience. Unless one can learn from somebody else's mistakes. Which you can, with this guide. Good luck.
The Presidents and the Constitution: A Living History
Ken Gormley - 2016
Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office the first president to the forty-fourth has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation s chief executive.By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country s history and ties together presidencies in a way never before accomplished.Exhaustively researched and compellingly presented, The Presidents and the Constitution shines new light on America s brilliant constitutional and presidential history. "
Offend, Shock, or Disturb: Free Speech Under the Indian Constitution
Gautam Bhatia - 2016
It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression-Articles 19(1)(a) and 19(2) of the Constitution of India-the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.
My Own Words
Ruth Bader Ginsburg - 2016
Throughout her life Justice Ginsburg has been (and continues to be) a prolific writer and public speaker. This book’s sampling is selected by Justice Ginsburg and her authorized biographers Mary Hartnett and Wendy W. Williams. Justice Ginsburg has written an introduction to the book, and Hartnett and Williams introduce each chapter, giving biographical context and quotes gleaned from hundreds of interviews they have conducted. This is a fascinating glimpse into the life of one of America’s most influential women.
Blood Spatter
Geoff Symon - 2016
As a research guide, Blood Spatter presents an accurate and accessible gateway into the world of blood spatter and its analysis. Written as a resource for the professional author, this “Forensics for Fiction” title provides user-friendly approaches to realistic details by covering:• Terms and techniques of spatter analysis• Patterns associated with different weapons• Physical properties and characteristics of blood• Proven crime reconstruction procedures• Case studies in which spatter solved the crime• Examples of ways any popular genre can include bloodWhether you’re writing about a drip or a bloodbath, this illustrated guidebook offers a one-stop, easy-to-understand reference for writing a bloody good story.Forensics for Fiction: making your crime pay
Len, A Lawyer in History: A Graphic Biography of Radical Attorney Leonard Weinglass
Michael Steven Smith - 2016
“The typical call I get is one that starts by saying, ‘You’re the fifth attorney we’ve called,’” he once said. “Then I get interested.” Those calls came from the likes of the SDS, the Chicago Seven, Daniel Ellsberg, Abbie Hoffman, and Mumia Abu-Jamal, among many others.In a field dominated by egomaniacs, Weinglass was known for his humility, his common touch, his ability to work collectively, his kindness, and his attention to detail. This long-overdue biography captures the vibrant life and inspiring legacy of an American iconoclast.Praise for Len, A Lawyer in History“For decades Seth Tobocman has been working within the comics vernacular to create a unique language, and with Len he’s at the top of his game…brilliantly applying himself not only with pencil and ink on paper, but as an active participant in the same political struggles that Len Weinglass valiantly dedicated his life to solving.” —Peter Kuper, author of Ruins“Tobocman has conjoined past and present to create singular, beautiful, volatile images of struggle.… At the center of this explosion—as example and harbinger, but most of all as an incendiary intimate portrait—stands Len himself. Our coalitions will forever be enriched by his presence, and by the demands his legacy bequeaths.” —AK Thompson, author of Black Bloc, White Riot“I met Len Weinglass in 1964.… He was learned, funny, and the best damned trial lawyer I ever saw in a courtroom.… The chapters on Newark, Chicago, and the Pentagon Papers case will help a new generation understand the substance behind all the blurry labels about the time.” —Tom Hayden, author of The Port Huron Statement “The book is dramatic in its reach and speechless in its words. It’s not just about Len, but who we were as people during his journey. Remarkable.” —Stanley L. Cohen, attorney and political activist“Len said: ‘I would classify myself as radical American. I want to spend my time defending people who have committed their time to progressive social change.’ This exemplifies how, along with Michael Ratner, William Kunstler, and other US lawyers around the Center for Constitutional Rights in New York, he was an incredibly important role model for radical human rights lawyers in Europe such as myself.” —Wolfgang Kaleck, Secretary General, European Center for Constitutional and Human RightsPAUL BUHLE is the editor of a dozen comic art books along with many scholarly works, including the authorized biography of C.L.R. James.MICHAEL STEVEN SMITH is executor of Leonard Weinglass’s estate and co-editor of Imagine: Living in a Socialist USA.SETH TOBOCMAN is an author/illustrator and one of the founding editors of World War 3 Illustrated.
Against the Death Penalty
Steven Breyer - 2016
Perhaps as a result, (4) most places within the United States have abandoned its use.”This volume contains Breyer's dissent in the case of Glossip v. Gross, which involved an unsuccessful challenge to Oklahoma's use of a lethal-injection drug because it might cause severe pain. Justice Breyer's legal citations have been edited to make them understandable to a general audience, but the text retains the full force of his powerful argument that the time has come for the Supreme Court to revisit the constitutionality of the death penalty.Breyer was joined in his dissent from the bench by Justice Ruth Bader Ginsburg. Their passionate argument has been cited by many legal experts including fellow Justice Antonin Scalia—as signaling an eventual Court ruling striking down the death penalty. A similar dissent in 1963 by Breyer's mentor, Justice Arthur J. Goldberg, helped set the stage for a later ruling, imposing what turned out to be a four-year moratorium on executions.
Executing Freedom: The Cultural Life of Capital Punishment in the United States
Daniel LaChance - 2016
Why did people who didn’t trust government to regulate the economy or provide daily services nonetheless believe that it should have the power to put its citizens to death? That question is at the heart of Executing Freedom, a powerful, wide-ranging examination of the place of the death penalty in American culture and how it has changed over the years. Drawing on an array of sources, including congressional hearings and campaign speeches, true crime classics like In Cold Blood, and films like Dead Man Walking, Daniel LaChance shows how attitudes toward the death penalty have reflected broader shifts in Americans’ thinking about the relationship between the individual and the state. Emerging from the height of 1970s disillusion, the simplicity and moral power of the death penalty became a potent symbol for many Americans of what government could do—and LaChance argues, fascinatingly, that it’s the very failure of capital punishment to live up to that mythology that could prove its eventual undoing in the United States.
You Have The Right...: A Constitutional Guide to Policing the Police
Laura Coates - 2016
Know them. Use them. Is it legal to record the police? When do police have the right to search your person, home, or car? Do you have the right to walk away when stopped by the police? Knowing the answers to these questions will help protect you and the officer. Laura Coates, former federal prosecutor and Civil RIghts attorney, breaks it all down.
Idiot's Guides: The U.S. Constitution
Timothy Harper - 2016
Constitution serves as the foundation for the American government and shapes the lives of Americans every day. Yet, how many of us know its history and the impact it has on guiding our ever evolving nation? Idiot's Guides: The U.S. Constitution, Second Edition, provides you a clear look at the one single document that defines America. Suitable supplemental reading for students in high school government/civics classes and college political science classes, this guide covers the birth of the Constitution and the history and details of its amendments.
The Fight to Vote
Michael Waldman - 2016
Now in The Fight to Vote, Michael Waldman takes a succinct and comprehensive look at a crucial American struggle: the drive to define and defend government based on “the consent of the governed.” From the beginning, and at every step along the way, as Americans sought to right to vote, others have fought to stop them. This is the first book to trace the full story from the founders’ debates to today’s challenges: a wave of restrictive voting laws, partisan gerrymanders, the flood of campaign money unleashed by Citizens United. Americans are proud of our democracy. But today that system seems to be under siege, and the right to vote has become the fight to vote. In fact, that fight has always been at the heart of our national story, and raucous debates over how to expand democracy have always been at the center of American politics. At first only a few property owners could vote. Over two centuries, working class white men, former slaves, women, and finally all Americans won the right to vote. The story goes well beyond voting rules to issues of class, race, political parties, and campaign corruption. It's been raw, rowdy, a fierce, and often rollicking struggle for power. Waldman’s The Fight to Vote is a compelling story of our struggle to uphold our most fundamental democratic ideals.
Turning Points at Trial: Great Lawyers Share Secrets, Strategies and Skills
Shane Read - 2016
Bennett, Alan Dershowitz, Mark Lanier, Bryan Stevenson, and Tom Girardi share with you the powerful secrets from their most interesting cases, from depositions to trials to appeals. Lawyers can apply these techniques immediately in their practice. Non lawyers will get a front row seat to these fascinating lawyers and the turning points in their most intriguing cases. There are also 447 tips summarized in chapter checklists. Leaders of the best litigation organizations and judges have called Turning Points the best trial advocacy book. In addition, the book's website has related audio and video clips that enhance the lessons that are taught. Today's most successful lawyers benefit from the wisdom described in this book and now you can too. The book is divided into seven parts: opening statement, direct examination, cross-examination, cross-examination of the expert witness, closing argument, deposition, and appellate oral argument. In each part, there are chapters that profile an attorney famous for his or her skills and an analysis of court transcripts where that skill was displayed. For example, chapter one features Mark Lanier, who has achieved nationally recognized record-setting jury awards. Lanier candidly reveals his strategies and secrets for creating a spellbinding opening statement. The author, an accomplished trial attorney and highly acclaimed teacher, then extensively analyzes a court transcript from one of Lanier's famous trials so you can learn the building blocks for an opening statement and apply Lanier's techniques at your next trial. At the end of the chapter, there is a checklist that summarizes Lanier's tips. Other chapters feature highly acclaimed lawyers such as Alan Dershowitz who explains the key to a successful cross-examination and Lisa Blatt, the woman with the most appearances before the U.S. Supreme Court, who shares her secrets for a successful oral argument. In short, this book will teach you everything you need to know from deposition to trial to appellate oral advocacy from the finest lawyers in the USA.
Scalia's Greatest Dissents: Celebrating 30 Years on the Bench
Antonin Scalia - 2016
In Scalia's Greatest Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself.
International Law Theories: An Inquiry into Different Ways of Thinking
Andrea Bianchi - 2016
'Do you know what?' the fish asks his friend. 'No, tell me.' 'I was talking to a frog the other day. And he told me that we are surrounded by water!' His friend looks at him with great scepticism: 'Water? Whats that? Show me some water!'International lawyers often find themselves focused on the practice of the law rather than the underlying theories. This book is an attempt to stir up 'the water' that international lawyers swim in. It analyses a range of theoretical approaches to international law and invites readers to engage with different ways of legal thinking in order to familiarize themselves with the water all around us, of which we hardly have any perception.The main aim of this book is to provide interested scholars, practitioners, and students of international law and other disciplines with an introduction to various international legal theories, their genealogies, and possible critiques. By providing an analytical approach to international legal theory, the book encourages readers to enhance their sensitivity to these different approaches and to consider how the presuppositions behind each theory affect analysis, research, and practice ininternational law. International Law Theories is intended to assist students, scholars, and practitioners in reflecting more generally about how knowledge is formed in the field.
Redefining Genocide: Settler Colonialism, Social Death and Ecocide
Damien Short - 2016
In the highly controversial and original Redefining Genocide, Damian Short systematically rethinks how academia currently characterizes genocide and how it actually should define it in the future. Short uses close empirical analysis of several controversial yet underdiscussed case studies worldwide, such as Palestine, Sri Lanka, Australia, and Alberta’s Tar Sands. With intense examination of topical issues—such as fracking, environmental destruction, and the West Bank settlements—he reveals the key roles that settler colonialism, capitalism, finite resources, and the ecological crisis play in driving genocidal social death on a global scale. A provocative rethinking of how one of our world’s most disturbing aspects should be defined in the modern age, Redefining Genocide will be essential reading for all students and scholars of genocide studies.
The Future of Law and Economics
Guido Calabresi - 2016
The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Principles of Financial Regulation
John Armour - 2016
As the financial system has become ever-more complex and interconnected, the pace of evolution continues to accelerate. It is now clear that regulation must focus on the financial system as a whole, but this poses significant challenges for regulators. Principles of Financial Regulation describes how to address those challenges.Examining the subject from a holistic and multidisciplinary perspective, Principles of Financial Regulation considers the underlying policies and the objectives of regulation by drawing on economics, finance, and law methodologies. The volume examines regulation in a purposive and dynamic way by framing the book in terms of what the financial system does, rather than what financial regulation is. By analysing specific regulatory measures, the book provides readers to the opportunity to assess regulatory choices on specific policy issues and encourages critical reflection on the design of regulation.
Open Book: The Inside Track to Law School Success
Barry Friedman - 2016
Now in an expanded second edition, the book explains in a clear and easygoing, conversational manner what law professors expect from their students both in classes and exams. The authors, award-winning teachers with a wealth of classroom experience, give students an inside look at law school by explaining how, despite appearances to the contrary, classes connect to exams and exams connect to the practice of law.Open Book introduces them to the basic structure of our legal system and to the distinctive features of legal reasoning. To prepare students for exams, the book explains in clear and careful detail what exams are designed to test. It then devotes a single, clearly written chapter to each step of the process of answering exams. It also contains a wealth of material, both in the book and digitally, on preparing for exams.Finally, and perhaps most importantly, Open Book comes with a free suite of 18 actual law school exams in Civil Procedure, Constitutional Law, Contracts, Criminal Law, Property and Torts, written and administered by law professors. These exams include not only questions, but: (1) annotations from the professors explaining what they were looking for; (2) model answers written by the professors themselves; and (3) actual student answers, with professor comments that explain why certain answers were stronger of weaker. As Open Book explains, there is no better way to prepare for exams than by practicing, and these unique materials will enable students to get the most out of their pre-exam practice.
Vagrant Nation: Police Power, Constitutional Change, and the Making of the 1960s
Risa Goluboff - 2016
The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality andpropriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a groundbreaking account ofthis transformation. By reading into the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made the 1960s. Vagrancy laws were so broad and flexible that they madeit possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of thesevagrants and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history ofthe 1960s. Touching on movements advocating civil rights, peace, gay rights, welfare rights, and cultural revolution, Vagrant Nation provides insight relevant to this battle, as well as the battle over the legacy of the 1960s' transformations themselves.
On a Midnight Clear
Henry Hoffman - 2016
At the heart of the story is the relationship between Fraley and Noelle Feldman, an enchanting young girl whose family life is shattered by the tragic event. Finding a killer and a trove of buried gold, not to mention a future for Noelle become the challenges facing Fraley as he maneuvers his way around a bevy of obstacles populating his path.
The Fox LSAT Logic Games Playbook
Nathan Fox - 2016
Nathan regularly sees the biggest improvement from his students on this section, and in his down-to-earth, irreverent style, he'll show you how to see through the BS and start learning how to crush the logic games. The formula is simple: First, you'll attempt a game on your own. Then, Nathan will walk you step-by-step through a full solution to every question, showing you how you can be 100 percent certain of each answer. You'll also have opportunities to practice each game again on your own, and through repetition, you'll start spotting the recurring patterns. Nathan will demonstrate the best ways to prioritize your time on the logic games so you can focus your energy on the truly challenging questions. No nonsense. No made-up trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. So grab a pencil and crack this book. Let's get it on.
The Blueprint for LSAT Reading Comprehension
Blueprint LSAT Prep - 2016
Readers will learn how to categorize passages based on structure, rather than subject matter, dissect the passages to anticipate questions, and tackle the questions in the most efficient manner possible. Students will learn these methods by working through 33 real LSAT passages, taken from some of the most current Reading Comprehension passages available. Because the LSAT in general and Reading Comprehension in particular have gotten more difficult over the years, it's important that students use the most recent LSAT questions to prepare.The Blueprint for LSAT Reading Comprehension uses the same effective and humorous techniques taught in Blueprint's live and online LSAT prep courses. Each book comes with a free MyBlueprint student account, which allows readers to access Blueprint's website and read PDF explanations for every Reading Comprehension explanation not already in the book. Whether you're studying for the test on your own or you've already taken a course and are looking to improve your score in Reading Comprehension, The Blueprint for LSAT Reading Comprehension is a true Reading Comprehension bible.
The Nicholas Cases: Casualties of Justice
Bob Woffinden - 2016
In recent years, changes brought in to criminal justice have made convictions easier to obtain; at the same time, the appeals system no longer functions efficiently - with the result that a perfect storm of injustice has been created.
The Drone Memos
Jameel Jaffer - 2016
government’s deeply controversial practice of “targeted killing”—the extrajudicial killing of suspected terrorists and militants, typically using remotely piloted aircraft or “drones.” The documents—including the Presidential Policy Guidance that provides the framework for drone strikes today, Justice Department white papers addressing the assassination of an American citizen, and a highly classified legal memo that was published only after a landmark legal battle involving the ACLU, the New York Times, and the CIA—together constitute a remarkable effort to legitimize a practice that most human rights experts consider to be unlawful and that the United States has historically condemned.In a lucid and provocative introduction, Jameel Jaffer, who led the ACLU legal team that secured the release of many of the documents, evaluates the “drone memos” in light of domestic and international law. He connects the documents’ legal abstractions to the real-world violence they allow, and makes the case that we are trading core principles of democracy and human rights for the illusion of security.
Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on Terror
Eric Stover - 2016
Beginning with the flight of an estimated thirty thousand Nazi war criminals after the Second World War, then moving on to the question of justice following the recent Balkan wars and the Rwandan genocide, and ending with the establishment of the International Criminal Court and America's pursuit of suspected terrorists in the aftermath of 9/11, the book explores the range of diplomatic and military strategies--both successful and unsuccessful--that states and international courts have adopted to pursue and capture war crimes suspects. It is a story fraught with broken promises, backroom politics, ethical dilemmas, and daring escapades--all in the name of international justice and human rights. In this exhaustively researched and compelling written work of political and judicial history, the authors argue that while the legal and operational regimes needed to apprehend and deliver suspected war criminals to justice are largely in place, the political will on the part of states to make arrests happen in a consistent and apolitical manner remains elusive. And until this situation is rectified, murderers will get away with murder, and torturers will retire with pensions.
Marshall Hall: A Law Unto Himself
Sally Smith - 2016
In an age of inadequate defence funding, minimal forensic evidence, a rigid moral code making little allowance for human passion and a reactionary judiciary, his only real weapons were his understanding of human psychology and the power of his personality. His charismatic oratory and film star profile made him an Edwardian celebrity. Jurors collapsed and judges wept at the overwhelming power of his performances. Thousands congregated to await the verdicts in the trials in which he appeared for the defence. Curtains were brought down in West End theatres to announce the acquittals he secured. His famous trials included the Camden Town murder, Seddon the Poisoner, the Brides in the Bath, the Green Bicycle Murder and the Murder at the Savoy. As a result of his oratory in these he was adulated as an entertainer, his performances greeted with the same relish as those by the great actors; but he was also loved as a champion of the underdog, who almost single-handedly introduced compassion in to the Edwardian legal system. No other barrister in any age can claim such celebrity, nor such public adoration and affection. Meticulously researched, Marshall Hall: A Law unto Himself is the first modern biography of a complex and influential man and, as a result of access to new material: - Sets the legendary barrister in his social, historical and political context. - Reveals the sensational private life of the man behind the public figure, the two turbulent marriages, and the mistresses. - Tells the full story of his first wife's death. - Examines his magnetic oratory and extraordinary fame from a modern perspective.
Vanishing Time
Katharine Britton - 2016
In the early morning hours, Cama is jolted awake by a phone call. There’s been a fire on board the boat. Her ex-husband is dead. Her son is missing and presumed dead. As she sets off for South Carolina, Cama's belief that her son Tate is alive is unwavering. But her frantic search soon stirs up painful memories that send her reeling back to her childhood and the mysterious car crash that killed her black mother and white father. As the clock ticks down, exhausted, haunted by dreams, and stymied by the police and local community, she enters a world in which she must rely on instinct over fact, and where no one and nothing is what it seems—not even the boundary between the living and the dead.Vanishing Time is a tale about how grief can shape reality and the power of a mother’s love.
True Faith and Allegiance: A Story of Service and Sacrifice in War and Peace
Alberto R. Gonzales - 2016
Gonzales, former Attorney General of the United States and former Counsel to the President—the only lawyer and only Hispanic to hold both these positions—an ultimate insider in the most tumultuous events in recent history. Born to a poor but proud working-class family in Humble, Texas, Gonzales was raised along with his seven siblings in a modest 2-bedroom home. His loving and devout parents taught him the conservative values of hard work and accountability that motivated Gonzales to the highest echelons of power. He was a confidante to President George W. Bush during the crucible of the 9/11 attacks, and he played a vital role in the administration’s immediate response to protect America and the far-reaching steps to prevent further harm.
The Law of Corporations in a Nutshell (Nutshells)
Richard Freer - 2016
Comprehensive yet concise, it addresses the theory of the firm as well as the nuts-and-bolts of corporate law, including separate consideration of specialized issues raised by closely-held and public corporations. With updated discussion of Sarbanes-Oxley, Rule 10b-5, and Section 16(b), it gives broad background. Financial concepts are explained with helpful examples, so that even sociology majors need not fear them.
The Internal Market as a Legal Concept
Stephen Weatherill - 2016
One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patternsgoverning these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They varyaccording to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from theconstituent units in favour of the central authority. Within that spectrum there is a huge range of options.In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EUlegislative and judicial practice.
The Legal Basis for a Moral Constitution: A Guide for Christians to Understand America's Constitutional Crisis
Jenna Ellis - 2016
How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land? In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America’s Founding Documents in objective morality and how our system of government is founded upon the Christian worldview and God’s unchanging law, not a secular humanist worldview. She provides a unique perspective of the Founding Fathers as lawyers and how they understood the legitimate authority of biblical truth and appealed directly to God’s law for the foundation of America. Weaving together the legal history and underpinning worldview shifts in American culture, Ellis advocates how Christians must change the basic reasoning of our appeal and effectively engage our culture. Finally, she proposes the solution to reclaim objective, biblical morality in law that the Founders themselves provided for through Article V of the U.S. Constitution. This book is for every Christian who seeks to understand the times and our constitutional and cultural crisis.
Don't Panic: A Legal Guide (in Plain English) for Small Businesses & Creative Professionals
Art Neill - 2016
While this book is not a substitute for legal advice, it can serve as a valuable guide to preventing and resolving legal issues.The book is organized to help you quickly jump to specific information that will help you through that stage of your work. There are short, straight to the point summaries throughout called "The Bottom Line" providing the essentials you need to know.You'll learn how to form your business, protect your intellectual property, understand E&O insurance, and avoid problems when launching an App or internet-based service. Often, you can take a few simple steps upfront that will protect your business or creative works, and ultimately save time and money down the road.
Unraveled: Obamacare, Religious Liberty, and Executive Power
Josh Blackman - 2016
In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.
Ending Zero Tolerance: The Crisis of Absolute School Discipline
Derek W. Black - 2016
One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year.The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student will drop out. Fifty percent of students who drop out are subsequently unemployed. Eighty percent of prisoners are high school drop outs. The risks associated with suspension and expulsion are so high that, as a practical matter, they amount to educational death penalties, not behavioral correction tools. Most important, punitive discipline policies undermine the quality of education that innocent bystanders receive as well--the exact opposite of what schools intend.Derek Black, a former attorney with the Lawyers' Committee for Civil Rights Under Law, weaves stories about individual students, lessons from social science, and the outcomes of courts cases to unearth a shockingly irrational system of punishment. While schools and legislatures have proven unable and unwilling to amend their failing policies, Ending Zero Tolerance argues for constitutional protections to check abuses in school discipline and lays out theories by which courts should re-engage to enforce students' rights and support broader reforms.
Is Killing People Right?: More Great Cases that Shaped the Legal World
Allan C. Hutchinson - 2016
In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence.
States of Dependency
Karen M. Tani - 2016
States of Dependency traces New Deal welfare programs over the span of four decades, asking what happened as money, expertise and ideas travelled from a federal administrative epicenter in Washington, DC, through state and local bureaucracies, and into diverse and divided communities. Drawing on a wealth of previously un-mined legal and archival sources, Karen Tani reveals how reformers attempted to build a more bureaucratic, centralized and uniform public welfare system; how traditions of localism, federalism and hostility toward the 'undeserving poor' affected their efforts; and how, along the way, more and more Americans came to speak of public income support in the powerful but limiting language of law and rights. The resulting account moves beyond attacking or defending Americans' reliance on the welfare state to explore the complex network of dependencies undergirding modern American governance.
Fugitive Man: Hunting Violent Criminals for the FBI and Searching for Justice for the Innocent Convict
Robert K. Cromwell - 2016
From NCIS and Law & Order to White Collar and Cops, we’re led to believe that we know how the system works. But how much do we really know about what goes on?Author Robert Cromwell has actually been there, behind the lines, searching for truth and justice — and finding that they are not always easily connected. Cromwell details his own story — his work as a New Jersey police officer and NCIS agent, and his twenty-two year FBI career — looking at some of his more interesting cases along the way and giving us the chance to see inside the day-to-day workings of an agent’s life. As we read Cromwell’s story, we also come to understand why, despite the incredible good it does, the criminal justice system isnot always just.
New Treaty, New Tradition: Reconciling New Zealand and Maori Law
Carwyn Jones - 2016
Maori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected Maori law and the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Maori storytelling, Jones’s nuanced reflections on the claims process show how Western legal thought has shaped treaty negotiations. Drawing on Canadian and international examples, Jones makes the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process.
Makers of Modern Christian Social Thought: Leo XIII and Abraham Kuyper on the Social Question
Pope Leo XIII - 2016
This volume, in celebration of the 125th anniversary of these two landmark publications, includes authoritative English translations of these works and an introduction that outlines their context and significance. The thought of these two theologians-one an Italian scholar-pope and the other a Dutch Reformed pastor, professor, and politician-provide enduring wisdom for developing and articulating a Christian witness in the modern world.
The Alien and Sedition Acts of 1798: Testing the Constitution
Terri Diane Halperin - 2016
Some gathered to pledge their support for the government of President John Adams, others to express their disdain for his policies. Violence, both physical and political, threatened the safety of the city and the Union itself. To combat the chaos and protect the nation from both external and internal threats, the Federalists swiftly enacted the Alien and Sedition Acts. Oppressive pieces of legislation aimed at separating so-called genuine patriots from objects of suspicion, these acts sought to restrict political speech, whether spoken or written, soberly planned or drunkenly off-the-cuff. Little more than twenty years after Americans declared independence and less than ten since they ratified both a new constitution and a bill of rights, the acts gravely limited some of the very rights those bold documents had promised to protect.In The Alien and Sedition Acts of 1798, Terri Diane Halperin discusses the passage of these laws and the furor over them, as well as the difficulties of enforcement. She describes in vivid detail the heated debates and tempestuous altercations that erupted between partisan opponents: one man pulled a gun on a supporter of the act in a churchyard; congressmen were threatened with arrest for expressing their opinions; and printers were viciously beaten for distributing suspect material. She also introduces readers to the fraught political divisions of the late 1790s, explores the effect of immigration on the new republic, and reveals the dangers of partisan excess throughout history.Touching on the major sedition trials while expanding the discussion beyond the usual focus on freedom of speech and the press to include the treatment of immigrants, Halperin's book provides a window through which readers can explore the meaning of freedom of speech, immigration, citizenship, the public sphere, the Constitution, and the Union.
Solo Out of Law School: A "How Can" Guide to Starting a Law Firm as a New Attorney
Michael Brennan - 2016
This book is different. Solo out of School is a book for both law students thinking about a solo career and attorneys looking to open their own firms. It's about mindset, motivation, and viewing your solo career with perspective that allows you to see yourself and your work as something you can be proud of. It's not a "how to" guide to starting a law practice. It doesn't say anything about the tools you'll need or whether to open a brick and mortar office. Rather, it's a "how can" guide to developing the mental toughness and right mindset to succeed as a solo attorney. It's a collection of little lessons and simple reminders for when your choice to go solo in the first place come into doubt. Solo out of School is about finding the strength and motivation to keep pushing. By embracing the words on its pages, my hope is that you'll realize, no matter how much you doubt yourself or secondguess your actions, you are good enough to be successful as your own boss.
A Short and Happy Guide to Business Organizations (Short and Happy Series)
David G. Epstein - 2016
The reason is that other student guides are written to help you understand your business associations/organizations course, to get you through 42 or 56 class hours. This student guide is different. It is written to help you understand your prof’s final exam questions – to get you through a 3 of 4 hour exam. Rather than teaching you how cases and concepts are applied in the real world, this book teaches you how cases and concepts need to be applied in the “unreal” world of law school exams. This is the book to read after you have spent the semester working on law review (Or was it clinic? Or client counseling competitions? Or Kundalini yoga? Or shape note singing?) instead of Business Associations. As Camus (and Noreen Vanderslice) might counsel, “Don’t be Sisyphus. Buy and read this book."
Commentaries on the Constitution: With a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution, Second Edition 1851 (2 vols.)
Joseph Story - 2016
Story [1819-1895]. Originally published: Boston: Little, Brown and Company, 1851. Two volumes. xxxiii, 734; 632 pp.First published in 1833, this work is generally considered to be the most important work written on the American Constitution before the Civil War, and it remains an important work. Dedicated to John Marshall, it presents a strongly Nationalist interpretation. It is divided into three books. Book I contains a history of the colonies and discussion of their charters. Book II discusses the Continental Congress and analyzes the fl aws that crippled the Articles of Confederation. Book III begins with a history of the Constitution and its ratification. This is followed by a brilliant line-by-line exposition of each of its articles and amendments. Comparing it to The Federalist, James Kent said that Story's work was "written in the same free and liberal spirit, with equal exactness and soundness of doctrine, and with great beauty and eloquence of composition.... Whoever seeks...a complete history and exposition of this branch of our jurisprudence, will have recourse to [this] work, which is written with great candor, and characterized by extended research, and a careful examination of the vital principles upon which our government reposes." cited in Marvin, Legal Bibliography 669-670.Apart from James Kent, no man has had greater influence on the development of American law than Joseph Story [1779-1845]. He was Dane Professor of Law at Harvard, where he played a key role in the growth of the school and the establishment of its national eminence. His many books have been cited extensively to this day. An associate justice of the U.S. Supreme Court from 1812 to 1845, and the youngest person ever to serve on the Court, he was the author of several landmark decisions, such as Martin v. Hunter's Lessee and Prigg v. Pennsylvania.
Nutshells English Legal System
Penny Darbyshire - 2016
The ideal companion both for getting up to speed with a new topic of law and preparing for law exams. This is the law in a nutshell!
FEATURES AND BENEFITS
Chapter introductions outline the key concepts to be covered in that Chapter
Checkpoints highlight and explain key terms
Key cases highlight and summarise the significant case law
Diagrams and flowcharts clarify and condense complex and important information
End of chapter revision checklists outline what you should now know and understand
Model question and answers help you focus and prepare for examinations
Handy hints provides revision and examination tips and advice
Useful websites provides a list of useful websites
Colour coding enables swift identification of cases and legislation
Employment Law in Context
David Cabrelli - 2016
As well as providing a thorough grounding in individual labour law, and drawing attention to key and current areas of debate, this title offers the reader detailed analysis of the social, economic, political, and historical context in which employment law operates.An innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. Reflection points and examples encourage the development of critical thinking skills and students' ability to view the issues practically.The text is supported by an Online Resource Centre hosting: - four supplementary chapters on collective employment law to facilitate a broader understanding of the subject- additional reading lists to accompany topics signposted in each chapter and annotated web links to key online resources to direct further research- a flashcard glossary helps students test their understanding of terms highlighted and defined in the book- twice-yearly updates to the law are provided by the author to keep students abreast of the latest developments- PowerPoint slides and figures from the book are available to lecturers
Foreign Fighters Under International Law and Beyond
Andrea de Guttry - 2016
It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field - lawyers, historians and political scientists - contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq.Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant'Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant'Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism - The Hague.
SRA Code of Conduct and Account Rules Including the SRA Practice Framework Rules
Solicitors Regulation Authority - 2016
Authentic Grace: What the Bible Really Says About God's Unmerited Favor
Michael L. Brown - 2016
But the beauty of this gift is getting lost amid misinformation and outright error. In Authentic Grace, Michael L. Brown, PhD, reveals the truth about God’s grace, separating the facts from the extreme message of the modern “grace revolution.” Brown explains:Why the law is goodHow to break free of legalismHow to be victorious over sinHow to enter into God’s rest—and run with perseveranceAt a time when the church needs a fresh encounter with Jesus, the hyper-grace message is lulling many to sleep. Authentic Grace carefully presents what the Bible says about grace, sin, and sanctification, and empowers readers to avoid compromise and live holy, victorious lives in Christ.
Investing in Patents: Everything Startup Investors Need to Know About Patents
Russell Krajec - 2016
Startup companies don't help themselves by making fatal mistakes, from filing provisional patents (almost always a bad idea) to treating their first patent as the most important one in their portfolio (it almost never is).How can an investor help their portfolio companies navigate the system?"Investing In Patents" discusses the patent process from an investor's view, but with insider knowledge.Investment-grade patents do not just happen by chance, they are curated through due diligence prior to filing the patent, then careful and consistent management through the process.Good patents are clear, straightforward, and easy to read. Understandable patent applications are easier to examine, meaning the issued patent is legitimate and defensible. Good patents have real, solid commercial value. The value of a patent only comes when it captures commercial value - not when it captures some cool technology.BlueIron IP's business is investing in patents, and this book discusses BlueIron's techniques and tools for evaluating inventions and managing portfolios specifically for startup companies.Startup companies have specific characteristics and needs that dictate strategies that often do not apply to larger companies with established products and systems. "Investing In Patents" discusses how startups need to manage their patent process, and how investors and guide them.
Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture
Susanna L. Blumenthal - 2016
Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence.Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons.In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Sexuality and the Unnatural in Colonial Latin America
Zeb Tortorici - 2016
Together the essays examine how "the unnatural" came to inscribe certain sexual acts and desires as criminal and sinful, including acts officially deemed to be "against nature"--sodomy, bestiality, and masturbation--along with others that approximated the unnatural--hermaphroditism, incest, sex with the devil, solicitation in the confessional, erotic religious visions, and the desecration of holy images. In doing so, this anthology makes important and necessary contributions to the historiography of gender and sexuality. Amid the growing politicized interest in broader LGBTQ movements in Latin America, the essays also show how these legal codes endured to make their way into post-independence Latin America.
Seeking More: A Catholic Lawyer's Guide Based on the Life and Writings of Saint Thomas More
C.T. Rossi - 2016
In these times when developments in the civil law run contrary to traditional Catholic moral teaching, how is a lawyer expected to properly render to Caesar the things that are Caesar's, and to God the things that are God's? Seeking More is a guide designed to help you discover the Church’s perennial teachings on the nature and purpose of law, the balance required in Church and State relations, and the duty of all Christians to work for the common good. However, like any good lawyer, author C.T. Rossi goes further than merely providing those teachings in the abstract and applies the rules to the facts through an in-depth study of the life of St. Thomas More. Unlike other popular works about the patron saint of lawyers, here St. Thomas struggle in our own morally confusing times. For the legal professional, this guide’s St. Thomas More is more than an object of saintly veneration. Instead, he proves to be a beloved legal colleague and guide worthy of imitation.
Delhi: Communities of Belonging
Sunil Gupta - 2016
Focusing on Delhi, noted photographers Sunil Gupta and Charan Singh chronicle the halting emergence of networks of men and women living under the shadow of stigma and criminalized behavior—in a country where anti-sodomy laws dating back to the British Empire were recently struck down, only to be reaffirmed in a surging wave of homophobia.The photographs in this lavishly presented volume reflect the photographers’ celebrated capacity for entering into lives rarely seen. In Delhi, we are invited into the daily routines, work, homes, and intimate lives of subjects from different backgrounds—from urban professionals to day laborers. A visually arresting document in its own right, Delhi presents American readers with a starting point for understanding the profound struggles for recognition by India’s LGBTQ community.Delhi was designed by Emerson, Wajdowicz Studios (EWS).
Cold War Ruins: Transpacific Critique of American Justice and Japanese War Crimes
Lisa Yoneyama - 2016
By linking justice to the effects of American geopolitical hegemony, and by deploying a conjunctive cultural critique—of "comfort women" redress efforts, state-sponsored apologies and amnesties, Asian American involvement in redress cases, the ongoing effects of the U.S. occupation of Japan and Okinawa, Japanese atrocities in China, and battles over WWII memories—Yoneyama helps illuminate how redress culture across Asia and the Pacific has the potential to bring powerful new and challenging perspectives on American exceptionalism, militarized security, justice, sovereignty, forgiveness, and decolonization.
How Would You Rule?: Legal Puzzles, Brainteasers, and Dilemmas from the Law's Strangest Cases
Daniel W. Park - 2016
Each chapter tells the story of a different case and presents the main arguments of the opposing parties. The twist? Before the ruling of the court is revealed, readers are challenged to put themselves in the shoes—or the robes—of the judges and decide for themselves how they would rule in these cases. After coming up with their own solutions, readers can learn how the actual judges resolved the disputes. The goal is to get readers to think for themselves about what’s right and what's wrong, sharpening their own instincts for the reasons and analyses that win arguments.
Legalist Empire: International Law and American Foreign Relations in the Early Twentieth Century
Benjamin Allen Coates - 2016
The United States quickly annexed the Philippines and Puerto Rico, seized control over Cuba and the Panama Canal Zone, and extended political and financial power throughout Latin America. This age of empire, Benjamin Allen Coates argues, was also an age of international law. Justifying America's empire with the language of law and civilization, international lawyers-serving simultaneously as academics, leaders of the legal profession, corporate attorneys, and high-ranking government officials-becamecentral to the conceptualization, conduct, and rationalization of US foreign policy.Just as international law shaped empire, so too did empire shape international law. Legalist Empire shows how the American Society of International Law was animated by the same notions of civilization that justified the expansion of empire overseas. Using the private papers and published writingsof such figures as Elihu Root, John Bassett Moore, and James Brown Scott, Coates shows how the newly-created international law profession merged European influences with trends in American jurisprudence, while appealing to elite notions of order, reform, and American identity. By projecting an imageof the United States as a unique force for law and civilization, legalists reconciled American exceptionalism, empire, and an international rule of law. Under their influence the nation became the world's leading advocate for the creation of an international court.Although the legalist vision of world peace through voluntary adjudication foundered in the interwar period, international lawyers-through their ideas and their presence in halls of power-continue to infuse vital debates about America's global role
Political Political Theory: Essays on Institutions
Jeremy Waldron - 2016
Making the case with his trademark forcefulness and intellectual aplomb, Jeremy Waldron argues in favor of reorienting the theory of politics toward the institutions and institutional principles of modern democracy and the mechanisms through which democratic ideals are achieved.Too many political theorists are preoccupied with analyzing the nature and importance of justice, liberty, and equality, at the cost of ignoring the governmental institutions needed to achieve them. By contrast, political scientists have kept institutions in view, but they deploy a meager set of value-conceptions in evaluating them. Reflecting on an array of issues about constitutional structure, Waldron considers the uses and abuses of diverse institutions and traditions, from separation of powers and bicameralism to judicial review of legislation, the principle of loyal opposition, the nature of representation, political accountability, and the rule of law. He refines his well-known argument about the undemocratic character of judicial review, providing a capacious perspective on the proper role of courts in a constitutional democracy, and he offers an illuminating critique of the contrasting political philosophies of Hannah Arendt and Isaiah Berlin.Even if political theorists remain fixated on expounding the philosophical foundations of democracy, they need to complement their work with a firmer grasp of the structures through which democracy is realized. This is what political political theory means: theory addressing itself to the way political institutions frame political disagreements and orchestrate resolutions to our disputes over social ideals."
To Kill a People: Genocide in the Twentieth Century
John M. Cox - 2016
It is one of the few books on genocide expressly written for use in the college classroom. The book includes four case studies--the Armenian, Nazi, Cambodian, and Rwandangenocides--and substantive introductory and concluding chapters that contribute to two key debates within genocide studies: how to define genocide and place it in relation to other mass atrocities, and how to detect and analyze the social, historical, and cultural forces that produce genocidalviolence.To Kill a People examines a vast range of the latest research, offers original interpretations and arguments, and draws upon the author's own archival research on three continents. The case studies are supplemented by primary readings and thought-provoking questions, and the book concludes with achapter that synthesizes the lessons and issues that arise from the study of genocide. A chapter-length bibliographic essay further distinguishes this book and will be useful to students and experts alike.
The Oxford Handbook of the History of Crime and Criminal Justice
Paul Knepper - 2016
Indeed, the history of crime is more relevant than ever as scholars seek to address contemporary issues in criminology and criminal justice. Thus, The OxfordHandbook of the History of Crime and Criminal Justice provides a systematic and comprehensive examination of recent developments across both fields. Chapters examine existing research, explain on-going debates and controversies, and point to new areas of interest, covering topics such as criminallaw and courts, police and policing, and the rise of criminology as a field. This Handbook also analyzes some of the most pressing criminological issues of our time, including drug trafficking, terrorism, and the intersections of gender, race, and class in the context of crime and punishment. Thedefinitive volume on the history of crime, The Oxford Handbook of the History of Crime and Criminal Justice is an invaluable resource for students and scholars of criminology, criminal justice, and legal history.
The Foundations of Eu Data Protection Law
Orla Lynskey - 2016
The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognized, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realize it.
Global Tax Fairness
Thomas W. Pogge - 2016
It offers clear and concrete ideas on how thereforms can be achieved and why they are important for a more just and equitable global system to prevail. The key to reducing the tax gap and consequent human rights deficit in poor countries is global financial transparency. Such transparency is essential to curbing illicit financial flows thatdrain less developed countries of capital and tax revenues, and are an impediment to sustainable development. A major break-through for financial transparency is now within reach. The policy reforms outlined in this book not only advance tax justice but also protect human rights by curtailingillegal activity and making available more resources for development. While the reforms are realistic they require both political and an informed and engaged civil society that can put pressure on governments and policy makers to act.
Islamophobia in Cyberspace: Hate Crimes Go Viral
Imran Awan - 2016
It is unique as it focuses on new technology in the form of social media and the Internet and explores the challenges the police and other agencies face when confronting anti-Muslim abuse in cyberspace. It also provides a critique of how people are targeted by online offenders and helps us understand online anti-Muslim behaviour in a much more detailed and comprehensive way by bringing together a range of experts who will examine this phenomenon and critically discuss why they think it has become so much more prevalent than it was before.
Discovering Agreement: Contracts That Turn Conflict Into Creativity
Linda Álvarez - 2016
Discovering Agreement is an innovative approach to generating legally enforceable documents that embed responsive, resilient operating systems into contractual relationships. This practical, easily implemented process empowers parties to build sustainable business relationships, replacing the old-style foundation of distrust and adversarial posturing with one of alignment and affinity - without sacrificing either party's power or credibility. Using the Discovering Agreement model, parties create documents that support and sustain agile, adaptable business relationships aligned with the core vision and values of the parties. This model provides a safer, more stable and trustworthy foundation for framing and conducting business relationships, enabling parties to create stronger, more sustainable and enjoyable ventures that can endure and prosper in the midst of disagreement or crisis. With engaging prose, personal stories, real-life examples, and practical guides for conducting negotiations and drafting agreements, Discovering Agreement empowers readers to generate immediate, positive change in their legal interactions and in how the legal system impacts their business relationships. When put into practice, Discovering Agreement has the added potential of catalyzing long-term, systemic change in the legal system itself.
Company Law Concentrate: Law Revision and Study Guide
Lee Roach - 2016
The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams.This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice.Online Resource CentrePacked with essential information, key cases, revision tips, exam Q&As, and more, Company Law Concentrate is also supported by extensive online resources to take your learning further (www.oup.com/lawrevision/):- Pinpoint which areas you need to concentrate on with the diagnostic test- Test your knowledge with the multiple choice questions and receive feedback on your answers- Improve your essay skills using the outline answers for guidance on what to include and how to structure your answer- Revise the facts and principles of key cases using the interactive flashcards- Learn the important terms and definitions using the interactive glossary- Explore the subject in more depth with extensive further reading recommendations- Achieve better marks following the advice on revision and exam technique by experienced examiner Nigel Foster- View the latest developments in the law from the author's Twitter feed
The Case of Rose Bird: Gender, Politics, and the California Courts
Kathleen A. Cairns - 2016
“Jerry” Brown chose her to become California’s first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation’s most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird’s vehement critics, Kathleen A. Cairns traces Bird’s meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird’s downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a “radical” feminist agenda might topple long-standing institutions and threaten “traditional” values.
Vaccine Court: The Law and Politics of Injury
Anna Kirkland - 2016
While vaccines in general are extremely safe and effective, some people still suffer severe vaccine reactions and bring their claims to vaccine court. In this court, lawyers, activists, judges, doctors, and scientists come together, sometimes arguing bitterly, trying to figure out whether a vaccine really caused a person's medical problem.In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the US? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it's foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.
Owning Up: Empowering Adolescents to Confront Social Cruelty, Bullying, and Injustice
Rosalind P Wiseman - 2016
While there is no one-size-fits-all curriculum, Owning Up takes us leaps forward by:Designing sessions to be easily facilitated by a school counselor, teacher, leader, or other professional in small group settings Combining discussions, games, and role-playing to engage adolescents in the complexities of social culture Exploring critical topics such as media analysis, gender, sexual harassment, racism, gossip, and self-image
International Humanitarian Law A Comprehensive Introduction
Nils Melzer - 2016
Making the Case: The Art of the Judicial Opinion
Paul W Kahn - 2016
Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn’s exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn’s approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.
The Science Behind Batman's Uniform
Tammy Enz - 2016
But are the high-tech features in his body armor real? The answer may surprise you. Look inside to explore how the Batsuit's features are rooted in real-world science and engineering.
Essentials of WTO Law
Peter Van den Bossche - 2016
A variety of text features enables a rich understanding of the law: illustrative examples clarify important issues of the law and demonstrate the law's practical application; boxed summaries of key rulings in WTO case law highlight the interpretation of the relevant provisions and lead readers to a deep understanding of the meaning and application of legal rules; and recommendations for further reading allow readers to engage with current debates. Online resources include links to useful sources of information for work and research within the field. Co-written by a leading authority in the field, this is essential reading for anyone who wants to get to grips with this fascinating yet challenging field of law.
The Scopes Monkey Trial
Randy Moore - 2016
The trial featured three-time presidential candidate and fundamentalist leader William Jennings Bryan, who argued on behalf of the prosecution, and famed agnostic attorney Clarence Darrow, who helped defend Scopes. Although the Scopes case produced no legal precedent, the trial has been analyzed by historians, praised and vilified by politicians and preachers, cited in countless legal, political, and theological skirmishes, and retold in plays, movies, museum exhibits, and television documentaries. Images of America: The Scopes Monkey Trial examines the events that captured the attention of the world and still have much to teach us today.
Weather in the Courtroom: Memoirs from a Career in Forensic Meteorology
William H. Haggard - 2016
Haggard witnessed an explosion in the number of requests from attorneys needing weather data for their cases. But while the Center offered data certified by the Department of Commerce that could be submitted as evidence in a court of law, government meteorologists could not be released from work to interpret this data in the courtroom. In their place, pioneering forensic meteorologists stepped in to serve as expert witnesses. For a society enthralled by courtroom drama, forensics, and natural disasters, Weather in the Courtroom is a perfect storm: an exciting inside scoop on legendary court cases where the weather may—or may not—have played a crucial role. Haggard explores both the meteorological facts and human stories of a variety of high-profile cases among the hundreds in which, after retiring from the government, he served as an expert witness. Were the disappearance of Alaskan Congressman Nick Begich’s plane on October 16, 1972; the collapse of Tampa Bay’s Skyway Bridge on May 9, 1980; and the crash of Delta Flight 191 in Dallas/Fort Worth on August 2, 1985, natural or human-caused disasters? Haggard’s recounting of these and other litigations reveals just how critical the interpretation of weather and climate data in the courtroom is to our understanding of what happened—and who, if anyone, is at fault.
Nullification and Secession in Modern Constitutional Thought
Sanford Levinson - 2016
Texas refuses to recognize same-sex marriages, citing the state's sovereignty. The Tenth Amendment Center promotes the “Federal Health Care Nullification Act.” In these and many other similar instances, the spirit of nullification is seeing a resurgence in an ever-more politically fragmented and decentralized America. What this means—in legal, cultural, and historical terms—is the question explored in Nullification and Secession in Modern Constitutional Thought. Bringing together a number of distinguished scholars, the book offers a variety of informed perspectives on what editor Sanford Levinson terms “neo-nullification,” a category that extends from formal declarations on the invalidity of federal law to what might be called “uncooperative federalism.”Mark Tushnet, Mark Graber, James Read, Jared Goldstein, Vicki Jackson, and Alison La Croix are among the contributors who consider a strain of federalism stretching from the framing of the Constitution to the state of Texas’'s most recent threat to secede from the United States. The authors look at the theory and practice of nullification and secession here and abroad, discussing how contemporary advocates use the text and history of the Constitution to make their cases, and how very different texts and histories influence such movements outside of the United States—in Scotland, for instance, or Catalonia, or Quebec, or even England vis-à-vis the European Union. Together these essays provide a nuanced account of the practical and philosophical implications of a concept that has marked America's troubled times, from the build-up to the Civil War to the struggle over civil rights to battles over the Second Amendment and Obamacare.
Advocacy
The City Law School - 2016
Coverage includes guidance on making opening and closing speeches; planning and delivering examination-in-chief and cross-examination; questioning witnesses; as well as examples of specific questioning techniques which may be employed in practice. Additionally, authors highlight the ethical boundaries and rules within which an advocate must work. Advocacy covers both criminal and civil court proceedings, and includes a number of how-to-do-it guides illustrating how particular applications should be made when in practice.
The Oxford Edition of Blackstone's: Commentaries on the Laws of England: Book I: Of the Rights of Persons
William Blackstone - 2016
For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set theCommentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition.Book I: Of the Rights of Persons covers the key topics of constitutional and public law. Blackstone's inaugural lecture 'On the Study of the Law' introduces a series of general essays on the nature of law, including a chapter on 'The Absolute Rights of Individuals' . This is followed by an extended account of England's political constitution. The various categories of people or subjects are then surveyed, with special attention to the rights and obligations of masters and servants,husbands and wives, parents and children, and lastly 'artificial persons', or corporations. In addition to David Lemmings' introduction to the volume, Book I includes an introduction from the General Editor Wilfrid Prest.
The Codex of Justinian: A New Annotated Translation, with Parallel Latin and Greek Text
Justinian I - 2016
The Codex compiles legal proclamations issued by Roman emperors from the second to the sixth centuries CE. Its influence on subsequent legal development in the medieval and early modern world has been almost incalculable. But the Codex has not, until now, been credibly translated into English. This translation, with a facing Latin and Greek text (from Paul Kruger's ninth edition of the Codex), is based on one made by Justice Fred H. Blume in the 1920s, but left unpublished for almost a century. It is accompanied by introductions explaining the background of the translation, a bibliography and glossary, and notes that help in understanding the text. Anyone with an interest in the Codex, whether an interested novice or a professional historian, will find ample assistance here.Published in 3 volumes.
Routledge Handbook of Space Law
Ram S. Jakhu - 2016
Consequently, Space Law is changing and expanding expeditiously, especially at the national level. More laws and regulations are being adopted by space-faring nations, while more countries are adapting their Space Laws and regulations related to activities in outer space. More regulatory bodies are being created, while more regulatory diversity (from public law to private law) is being instituted as increasing and innovative activities are undertaken by private entities which employ new technologies and business initiatives. At the international level, Space Law (both hard law and soft law) is expanding in certain areas, especially in satellite broadcasting and telecommunications.The Routledge Handbook of Space Law summarises the existing state of knowledge on a comprehensive range of topics and aspires to set the future international research agenda by indicating gaps and inconsistencies in the existing law and highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and national legal aspects of particular space activities and issues, rather than providing commentary on or explanations about a particular Space Law treaty or national regulation.Drawing together contributions from leading academic scholars and practicing lawyers from around the world, the volume is divided into five key parts:Part I: General Principles of International Space LawPart II: International Law of Space ApplicationsPart III: National Regulation of Space ActivitiesPart IV: National Regulation of Navigational Satellite SystemsPart V: Commercial Aspects of Space LawThis handbook is both practical and theoretical in scope, and may serve as a reference tool to academics, professionals and policy-makers with an interest in Space Law."
CONSTITUTIONAL LAW TEXT AND CASES : POLITICAL STRUCTURE VOL. I
Miriam Defensor Santiago - 2016
The first part lays down the basic principles, as inherited by our country during the colonial regime, from early American jurisprudence. The Second part describes how the basic principles have evolved into contemporary doctrines, enunciated by modern American jurisprudence. The third part illustrates how the basic principles have been applied in Philippine jurisprudence.This work covers reports of the decisions of the Supreme Court from August 1901 to February 2015, including the DAP and PDAF cases.Table of ContentsChapter I Constitutional SupremacyChapter II Constitutional ConstructionChapter III Separation of PowersChapter IV Legislative DepartmentChapter V Executive DepartmentChapter VI Judicial DepartmentChapter VII Citizenship and AllegianceChapter VIII SurfaceChapter IX Economy and Natural ResourcesChapter X Amendment of Revision
The Functions of Law
Kenneth M. Ehrenberg - 2016
In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so as to alter their rights and responsibilities towardeach other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understandingthose theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature.This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities.
Ashworth's Principles of Criminal Law
Jeremy Horder - 2016
Uniquely theoretical, it seeks to elucidate the underlying principles and theoretical foundations of the criminal law, and aims to critically engage readers by contextualizing and analysing the law.This is essential reading for students seeking a sophisticated and critically engaging exploration of the subject.The text is accompanied by an Online Resource Centre housing a full bibliography as well as a selection of useful web links.
Routledge Handbook of Public Aviation Law
Paul Stephen Dempsey - 2016
This is supplemented by various Annexes (promulgated by the International Civil Aviation Organization) and Conventions and Protocols (promulgated by States in diplomatic conferences). States then implement these international obligations in domestic laws that create aviation regulatory administrations that, in turn, promulgate regulations.Bringing together leading scholars in the field, this prestigious reference work provides a comprehensive and comparative overview of Public Aviation Law. It surveys the state of the discipline including contemporary and emerging areas of law, regulation, and public policy in air transportation. Each chapter begins with an overview of the international law applicable to the subject matter, followed, where appropriate, by a comparative examination of domestic statutes, regulations, and jurisprudence. The objective of the book is to identify and summarize existing areas within the context of international research, and to identify and highlight emerging areas.Both practical and theoretical in scope, the Routledge Handbook of Public Aviation Law will be of great relevance to scholars, researchers, lawyers, and policy makers with an interest in aviation law.
Parole in Canada: Gender and Diversity in the Federal System
Sarah Turnbull* - 2016
The increasing diversity among prisoners raises important questions about how we punish those who break the law. Parole in Canada is the first book to explore how concerns about Aboriginality, gender, and the multicultural ideal of “diversity” have been interpreted and used to alter parole policy and practice. Using the Parole Board of Canada as a case study, this book shows how some offender differences are selectively included in conditional release decision making, while the structures, practices, and power arrangements that would enable fundamental change remain unaltered.
Gender Nonconformity and the Law
Kimberly A. Yuracko - 2016
Over time, the Act’s scope of protection has expanded to prevent not only discrimination based on sex but also discrimination based on expression of gender identity. Kimberly Yuracko uses specific court decisions to identify the varied principles that underlie this expansion. Filling a significant gap in law literature, this timely book clarifies an issue of increasing concern to scholars interested in gender issues and the law.
Law in Theory and History: New Essays on a Neglected Dialogue
Maksymilian Del Mar - 2016
Legal historians have often been sceptical of theory. The methodology which informs their own work is often said to be an empirical one, of gathering information from the archives and presenting it in a narrative form. The narrative produced by history is often said to be provisional, insofar as further research in the archives might falsify present understandings and demand revisions. On the other side, legal theorists are often dismissive of historical works. History itself seems to many theorists not to offer any jurisprudential insights of use for their projects: at best, history is a repository of data and examples, which may be drawn on by the theorist for her own purposes. The aim of this collection is to invite participants from both sides to ask what lessons legal history can bring to legal theory, and what legal theory can bring to history. What is the theorist to do with the empirical data generated by archival research? What theories should drive the historical enterprise, and what wider lessons can be learned from it? This collection brings together a number of major theorists and legal historians to debate these ideas.
Limited Liability: A Legal and Economic Analysis
Stephen M. Bainbridge - 2016
The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.This comprehensive economic analysis of the policy debate surrounding the laws governing limited liability examines not only in an American context, but also internationally, as the authors consider issues of limited liability in Britain, Europe, and Asia. Stephen M. Bainbridge and M. Todd Henderson begin with an exploration of the history and theory of limited liability, delve into an extended analysis of corporate veil piercing and related doctrines, and conclude with thoughts on possible future reforms. Limited liability in unincorporated entities, reverse veil piercing and enterprise liability are also addressed. This comprehensive book will be of great interest to students and scholars of corporate law. The book will also be an invaluable resource for judges and practitioners.From: http://www.e-elgar.com/shop/limited-l...