Best of
Law

2017

Scalia Speaks: Reflections on Law, Faith, and Life Well Lived


Antonin Scalia - 2017
    Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches.Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.

Ghost of the Innocent Man: A True Story of Trial and Redemption


Benjamin Rachlin - 2017
    Ghost of the Innocent Man brings us one of the most dramatic of those cases and provides the clearest picture yet of the national scourge of wrongful conviction and of the opportunity for meaningful reform.When the final gavel clapped in a rural southern courtroom in the summer of 1988, Willie J. Grimes, a gentle spirit with no record of violence, was shocked and devastated to be convicted of first-degree rape and sentenced to life imprisonment. Here is the story of this everyman and his extraordinary quarter-century-long journey to freedom, told in breathtaking and sympathetic detail, from the botched evidence and suspect testimony that led to his incarceration to the tireless efforts to prove his innocence and the identity of the true perpetrator. These were spearheaded by his relentless champion, Christine Mumma, a cofounder of North Carolina's Innocence Inquiry Commission. That commission-unprecedented at its inception in 2006-remains a model organization unlike any other in the country, and one now responsible for a growing number of exonerations.With meticulous, prismatic research and pulse-quickening prose, Benjamin Rachlin presents one man's tragedy and triumph. The jarring and unsettling truth is that the story of Willie J. Grimes, for all its outrage, dignity, and grace, is not a unique travesty. But through the harrowing and suspenseful account of one life, told from the inside, we experience the full horror of wrongful conviction on a national scale. Ghost of the Innocent Man is both rare and essential, a masterwork of empathy. The book offers a profound reckoning not only with the shortcomings of our criminal justice system but also with its possibilities for redemption.

The Internationalists: How a Radical Plan to Outlaw War Remade the World


Oona A. Hathaway - 2017
    Within the year, the treaty signed that day, known as the Peace Pact, had been ratified by nearly every state in the world. War, for the first time in history, had become illegal the world over. But the promise of that summer day was fleeting. Within a decade of its signing, each state that had gathered in Paris to renounce war was at war. And in the century that followed, the Peace Pact was dismissed as an act of folly and an unmistakable failure. This book argues that that understanding is inaccurate, and that the Peace Pact ushered in a sustained march toward peace that lasts to this day. The Internationalists tells the story of the Peace Pact by placing it in the long history of international law from the seventeenth century through the present, tracing this rich history through a fascinating and diverse array of lawyers, politicians and intellectuals—Hugo Grotius, Nishi Amane, Salmon Levinson, James Shotwell, Sumner Welles, Carl Schmitt, Hersch Lauterpacht, and Sayyid Qutb. It tells of a centuries-long struggle of ideas over the role of war in a just world order. It details the brutal world of conflict the Peace Pact helped extinguish, and the subsequent era where tariffs and sanctions take the place of tanks and gunships. The Internationalists examines with renewed appreciation an international system that has outlawed wars of aggression and brought unprecedented stability to the world map. Accessible and gripping, this book will change the way we view the history of the twentieth century—and how we must work together to protect the global order the internationalists fought to make possible.

Sex and the Constitution: Sex, Religion, and Law from America's Origins to the Twenty-First Century


Geoffrey R. Stone - 2017
    Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment.Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent.The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms.The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation.Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Illusion of Justice: Inside Making a Murderer and America's Broken System


Jerome F. Buting - 2017
    Buting explains the flaws in America’s criminal justice system and lays out a provocative, persuasive blue-print for reform.Over his career, Jerome F. Buting has spent hundreds of hours in courtrooms representing defendants in criminal trials. When he agreed to join Dean Strang as co-counsel for the defense in Steven A. Avery vs. State of Wisconsin, he knew a tough fight lay ahead. But, as he reveals in Illusion of Justice, no-one could have predicted just how tough and twisted that fight would be—or that it would become the center of the documentary Making a Murderer, which made Steven Avery and Brendan Dassey household names and thrust Buting into the spotlight.Buting’s powerful, riveting boots-on-the-ground narrative of Avery’s and Dassey’s cases becomes a springboard to examine the shaky integrity of law enforcement and justice in the United States, which Buting has witnessed firsthand for more than 35 years. From his early career as a public defender to his success overturning wrongful convictions working with the Innocence Project, his story provides a compelling expert view into the high-stakes arena of criminal defense law; the difficulties of forensic science; and a horrifying reality of biased interrogations, coerced or false confessions, faulty eyewitness testimony, official misconduct, and more.Combining narrative reportage with critical commentary and personal reflection, Buting explores his professional and personal motivations, career-defining cases—including his shocking fifteen-year-long fight to clear the name of another man wrongly accused and convicted of murder—and what must happen if our broken system is to be saved. Taking a place beside Just Mercy and The New Jim Crow, Illusion of Justice is a tour-de-force from a relentless and eloquent advocate for justice who is determined to fulfill his professional responsibility and, in the face of overwhelming odds, make America’s judicial system work as it is designed to do.

Law School for Everyone


Edward K. Cheng - 2017
    As much as we'd like to cultivate these same skills, the truth is that you cannot know how a lawyer thinks and works without studying the law itself.Now there's an easier way to get the same foundational knowledge as lawyers - without the enormous time and financial commitment. Over the span of 48 lectures, four experienced lawyers and teachers recreate key parts of the first-year law student experience, introducing you to main areas of law most every beginning student studies.You'll start with 12 lectures on litigation and legal practice that offer eye-opening answers to many questions about the art and craft of legislation. In the second 12 lectures, you'll learn how criminal law and procedure - an area of law dramatized by countless TV shows - really works. Additional lectures investigate the civic procedures courts follow to resolve disputes about substantive rights and examine broader questions any system of litigation must address. And 12 lectures are devoted entirely to the stranger-than-fiction topic of tort law.Enriched with famous cases from the annals of American law and powerful arguments by some of history's most successful lawyers, these lectures offer access to an often intimidating, surprisingly accessible, and civically important field.

Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions


Mark Godsey - 2017
    Drawing upon stories from his own career, Godsey shares how innate psychological flaws in judges, police, lawyers, and juries coupled with a "tough on crime" environment can cause investigations to go awry, leading to the convictions of innocent people.In Blind Injustice, Godsey explores distinct psychological human weaknesses inherent in the criminal justice system--confirmation bias, memory malleability, cognitive dissonance, bureaucratic denial, dehumanization, and others--and illustrates each with stories from his time as a hard-nosed prosecutor and then as an attorney for the Ohio Innocence Project.He also lays bare the criminal justice system's internal political pressures. How does the fact that judges, sheriffs, and prosecutors are elected officials influence how they view cases? How can defense attorneys support clients when many are overworked and underpaid? And how do juries overcome bias leading them to believe that police and expert witnesses know more than they do about what evidence means?This book sheds a harsh light on the unintentional yet routine injustices committed by those charged with upholding justice. Yet in the end, Godsey recommends structural, procedural, and attitudinal changes aimed at restoring justice to the criminal justice system.

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


Mike Kim - 2017
    Whether you are new to the LSAT or have been studying for a while, you will find invaluable benefit in the Trainer's teachings, strategies, drills, and solutions.The LSAT Trainer includes: over 200 official LSAT questions and real-time solutions, simple and battle-tested strategies for every type of Logical Reasoning question, Reading Comprehension question, and Logic Gameover 30 original and unique drills designed to help develop LSAT-specific skills and habits, access to a variety of free study schedules, notebook organizers, and much more.

Law Man: Memoir of a Jailhouse Lawyer


Shon Hopwood - 2017
    Those who knew him well would never have imagined that, as a young man, he’d be adrift with few prospects and plotting to rob a bank. But he did, committing five armed bank robberies before being apprehended. Serving ten years in federal prison, Shon feared his life was over. He wasn’t sure if he could survive a cell block, but he was determined to try. Hopwood pumped-up in the prison gym to defend himself and earned respect on the basketball court. He reconnected with the girl of his dreams from high school through letters and prison visits; and, crucially, he talked his way into a job in the prison law library. Hopwood slowly taught himself criminal law and began to help fellow inmates rather than himself. He wrote one petition to the Supreme Court, which was chosen to be heard from over 7,000 other petitions submitted by the greater legal community that year. The Justices voted 9-0 in favor of Hopwood’s petition when the case was finally heard. What might have been considered luck by some, was dispelled when a second petition from him was selected to be heard by the Supreme Court. He didn’t grasp it yet, but Shon’s legal work was the start of a new life. Shon works on policy reform, and he is a cofounder of PrisonProfessors.com. He strives to improve outcomes of America’s prison system, and he tells his amazing story in Law Man.

How To Be A Landlord: The Definitive Guide to Letting and Managing Your Rental Property


Rob Dix - 2017
     By the author of the UK’s most popular property book, The Complete Guide To Property Investment. Please note that this book only covers letting and management of a property you already own. For a guide to buying the right property in the first place, you should buy ‘The Complete Guide To Property Investment’. Take a property, throw in a tenant and watch the money roll in. This seemingly simple formula has attracted nearly two million people in the UK to become landlords, but the reality is a whole lot more complicated. Did you know, for example, that if you forget to provide a certain piece of paper you might be unable to evict a tenant – even if they don’t pay the rent? Or that you could be fined for not checking your tenant’s immigration status? And don’t forget the inevitable broken boilers, mysterious leaks and various tenant complaints that always seem to happen at the most inconvenient time. How To Be A Landlord is a straightforward guide to everything involved in letting and managing a property – whether you’re an accidental landlord or an enthusiastic investor. In simple and entertaining language, it covers important steps like preparing the property to let, advertising for tenants, conducting viewings, doing all the paperwork, managing the tenancy, and dealing with any tricky situations that crop up (including the dreaded emergency repairs and evictions…). You’ll learn: • How to set yourself up for success when preparing a property to let • Where to find the perfect tenants for your property • The essential checks you must make to avoid a nightmare tenant • Everything you need to do when setting up a tenancy to avoid problems later • How to deal with the most common maintenance issues and repairs • The proper legal processes to follow when you have troublesome tenants • Top tips from experienced landlords for how to look after your tenants – keeping them happy, your property safe, and the rent rolling in Frequently updated and with contributions from over 50 experienced landlords, this is the most current and comprehensive book on the subject – and essential reading for anyone who wants a simple, profitable life as a landlord.

Life After Life: A Guildford Four Memoir


Paddy Armstrong - 2017
    The truth is, I've lived three very different lives: the one before prison; the one in prison; and my life since then. It has taken years to make sense of it all, but now I've found a voice to speak about it.Paddy Armstrong was one of four people falsely convicted of The Guildford Bombing in 1975. He spent fifteen years in prison for a crime he did not commit.Today, as a husband and father, life is wonderfully ordinary, but the memory of his ordeal lives on. Here, for the first time and with unflinching candour, he lays bare the experiences of those years and their aftermath.Life after Life is a testament to the resilience of the human spirit and the power of forgiveness. It reminds us of the privilege of freedom, and how the balm of love, family and everyday life can restore us and mend the scars of even the most savage injustice.'This book captures the sweet soul of Paddy. Beautifully written. For lovers of freedom everywhere.' Jim Sheridan

The Rights of Nature: A Legal Revolution That Could Save the World


David R. Boyd - 2017
    New Zealand’s Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building — in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it.Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species — from birds to lions — have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems — rivers, forests, mountains, and more — have legally enforceable rights. And if nature has rights, then humans have responsibilities.In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

Runaway Wives and Rogue Feminists: The Origins of the Women's Shelter Movement in Canada


Margo Goodhand - 2017
    It wasn't talked about, and women had few, if any, options to escape their abusers. Yet in 1973 -- with no statistics, no money and little public support -- five disparate groups of Canadian women quietly opened Canada's first battered women's shelters. Today, there are well over 600.In Runaway Wives and Rogue Feminists, journalist Margo Goodhand tracks down the "rogue feminists" whose work forged an underground railway for women and children, weaving their stories into an unforgettable -- and until now untold -- history.As they lobbied for funding, scrounged for furniture and fended off outraged husbands, these women marked a defining moment in Canadian history, triggering monumental changes in government, schools, courts and law enforcement. But was it enough to stop the cycle of violence? Forty years later, these pioneers describe how and why Canada has lost its ground in the battle for women's rights.

The Crisis of the Middle-Class Constitution: Why Economic Inequality Threatens Our Republic


Ganesh Sitaraman - 2017
    A New York Times Notable Book of 2017For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable--and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America's republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic?The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

Republic of Rhetoric: Free Speech and the Constitution of India


Abhinav Chandrachud - 2017
    Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been advanced substantially before by any of the leading thinkers on the right of free speech in India.

Claire L’Heureux-Dubé: A Life


Constance Backhouse - 2017
    Only the second woman on the Supreme Court of Canada, L’Heureux-Dubé anchored her approach to cases in their social, economic, and political context. This compelling biography takes a similar tack, tracing the experience of a francophone woman within the male-dominated Quebec legal profession – and within the primarily anglophone world of the Supreme Court. In the process, Constance Backhouse enhances our understanding of the Canadian judiciary, the creation of law, the Quebec socio-legal environment, and the nation’s top court.

Letters to a Law Student: A guide to studying law at university


Nicholas J McBride - 2017
    

False Witness


Mark Dryden - 2017
    He gets a chance for revenge when defending a client accused of murder. To save his client, he must expose the dirty cop and finger the true killer in the middle of the trial. That will require a glittering display of forensic cunning. But is he up to the job? He will soon find out. A fast-paced Australian courtroom drama with comic touches.

Loving: Interracial Intimacy in America and the Threat to White Supremacy


Sheryll Cashin - 2017
    When Mildred and Richard Loving wed in 1958, they were ripped from their shared bed and taken to court. Their crime: miscegenation, punished by exile from their home state of Virginia. The resulting landmark decision of Loving v. Virginia ended bans on interracial marriage and remains a signature case--the first to use the words "white supremacy" to describe such racism.Drawing from the earliest chapters in US history, legal scholar Sheryll Cashin reveals the enduring legacy of America's original sin, tracing how we transformed from a country without an entrenched construction of race to a nation where one drop of nonwhite blood merited exclusion from full citizenship. In vivid detail, she illustrates how the idea of whiteness was created by the planter class of yesterday and is reinforced by today's power-hungry dog-whistlers to divide struggling whites and people of color, ensuring plutocracy and undermining the common good.Cashin argues that over the course of the last four centuries there have been "ardent integrators" and that those people are today contributing to the emergence of a class of "culturally dexterous" Americans. In the fifty years since the Lovings won their case, approval for interracial marriage rose from 4 percent to 87 percent. Cashin speculates that rising rates of interracial intimacy--including cross-racial adoption, romance, and friendship--combined with immigration, demographic, and generational change, will create an ascendant coalition of culturally dexterous whites and people of color.Loving is both a history of white supremacy and a hopeful treatise on the future of race relations in America, challenging the notion that trickle-down progressive politics is our only hope for a more inclusive society. Accessible and sharp, Cashin reanimates the possibility of a future where interracial understanding serves as a catalyst of a social revolution ending not in artificial color blindness but in a culture where acceptance and difference are celebrated.

Crime Scenes (Forensics for Fiction)


Geoff Symon - 2017
    This guide offers an accurate and accessible overview of crime scenes and the investigative process.Written as a practical reference for authors in any genre, this helpful “Forensics for Fiction” title unpacks a range of authentic details:• Terms and techniques associated with crime scenes.• Methods used to search and document types of scene.• The various on-scene professionals and their duties. • Case studies in which crime scenes decide the outcome.• Laws and jurisdictions that regulate investigations.• Ways to incorporate crime scenes in any popular genre.Whether you’re writing CSIs or private eyes, this illustrated guidebook offers a comprehensive, user-friendly reference to cracking the scene of your crime.Forensics for Fiction: making your crime pay

Estate Planning for Authors: Your Final Letter (and why you need to write it now) (Strategies for Success Book 2)


M.L. Buchman - 2017
     A will or trust controls who inherits what. The Final Letter tells your heir(s) ways to maintain it, even make it thrive, once they’ve got it. The challenge with an estate that includes Intellectual Property (books, stories, plays, films, etc.), is it has a value that can last another 70 years after your death. This book is a practical guide for educating your heir on quite what they’ve just received and what their options are to manage it. Topics also include: basic vocabulary, income opportunities with Intellectual Property, the power of trusts in IP estate planning, and much more. Estate Planning for Authors will help authors create their Final Letter as well as help the heirs whose benefactor did not create one. It’s a guide on how to make sure your legacy remains profitable for decades after you’re gone!

Courting the People: Public Interest Litigation in Post-Emergency India


Anuj Bhuwania - 2017
    While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.

Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform


John F. Pfaff - 2017
    Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations - the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons - tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes - and why some people are violent in the first place.An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.

The Wall and the Gate: Israel, Palestine, and the Legal Battle for Human Rights


Michael Sfard - 2017
    While the gate would provide immediate relief for the farmer, would it not also confer legitimacy on the wall and on the court that deems it legal? The defense of human rights is often marked by such ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country's High Court--that is, in the court of the abuser.In The Wall and the Gate, Michael Sfard chronicles this struggle--a story that has never before been fully told-- and in the process engages the core principles of human rights legal ethics. Sfard recounts the unfolding of key cases and issues, ranging from confiscation of land, deportations, the creation of settlements, punitive home demolitions, torture, and targeted killings--all actions considered violations of international law. In the process, he lays bare the reality of the occupation and the lives of the people who must contend with that reality. He also exposes the surreal legal structures that have been erected to put a stamp of lawfulness on an extensive program of dispossession. Finally, he weighs the success of the legal effort, reaching conclusions that are no less paradoxical than the fight itself.Writing with emotional force, vivid storytelling, and penetrating analysis, Michael Sfard offers a radically new perspective on a much-covered conflict and a subtle, painful reckoning with the moral ambiguities inherent in the pursuit of justice. The Wall and the Gate is a signal contribution to everyone concerned with the Israeli-Palestinian conflict and human rights everywhere.

Unwarranted: Policing Without Permission


Barry Friedman - 2017
    Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. The courts have let us down entirely.Unwarranted is filled with stories of ordinary people whose lives were sundered by policing gone awry. Driven by technology, policing has changed dramatically from cops seeking out bad guys, to mass surveillance of all of society—backed by an increasingly militarized capability. Friedman captures this new eerie environment in which CCTV, location tracking, and predictive policing has made us all suspects, while proliferating SWAT teams and increased use of force puts everyone at risk.Police play an indispensable role in our society. But left under-regulated by us and unchecked by the courts, our lives, liberties, and property are at peril. Unwarranted is a vital, timely intervention in debates about policing, a call to take responsibility for governing those who govern us.

Lessons from a Lemonade Stand: An Unconventional Guide to Government


Connor Boyack - 2017
    

A Debt Against the Living: An Introduction to Originalism


Ilan Wurman - 2017
    His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.

Is International Law International?


Anthea Roberts - 2017
    These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea.Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionatelyinfluential in constructing the international. This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular.However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparativetour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Congress's Constitution: Legislative Authority and the Separation of Powers


Josh Chafetz - 2017
    Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

Unjustifiable Means: The Inside Story of How the CIA, Pentagon, and US Government Conspired to Torture


Mark Fallon - 2017
     President Trump wants to bring back torture. This is why he’s wrong.In his more than thirty years as an NCIS special agent and counterintelligence officer, Mark Fallon has investigated some of the most significant terrorist operations in US history, including the first bombing of the World Trade Center and the 2000 attack on the USS Cole. He knew well how to bring criminals to justice, all the while upholding the Constitution. But in the aftermath of September 11, 2001, it was clear that America was dealing with a new kind of enemy. Soon after the attacks, Fallon was named Deputy Commander of the newly formed Criminal Investigation Task Force (CITF), created to probe the al-Qaeda terrorist network and bring suspected terrorists to trial. Fallon was determined to do the job the right way, but with the opening of Guantanamo Bay and the arrival of its detainees, he witnessed a shadowy dark side of the intelligence community that emerged, peddling a snake-oil they called “enhanced interrogation techniques.” In Unjustifiable Means, Fallon reveals this dark side of the United States government, which threw our own laws and international covenants aside to become a nation that tortured—sanctioned by the highest-ranking members of the Bush Administration, the Army, and the CIA, many of whom still hold government positions, although none have been held accountable. Until now. Follow along as Fallon pieces together how this shadowy group incrementally—and secretly—loosened the reins on interrogation techniques at Gitmo and later, Abu-Ghraib, and black sites around the world. He recounts how key psychologists disturbingly violated human rights and adopted harsh practices to fit the Bush administration’s objectives even though such tactics proved ineffective, counterproductive, and damaging to our own national security. Fallon untangles the powerful decisions the administration’s legal team—the Bush “War Counsel”—used to provide the cover needed to make torture the modus operandi of the United States government. As Fallon says, “You could clearly see it coming, you could wave your arms and yell, but there wasn’t a damn thing you could do to stop it.” Unjustifiable Means is hard-hitting, raw, and explosive, and forces the spotlight back on to how America lost its way. Fallon also exposes those responsible for using torture under the guise of national security, as well as those heroes who risked it all to oppose the program. By casting a defining light on one of America’s darkest periods, Mark Fallon weaves a cautionary tale for those who wield the power to reinstate torture.

Law Is a Buyer's Market: Building A Client-First Law Firm


Jordan Furlong - 2017
    Economic crises, technology explosions, and a regulatory revolution have spawned a wave of innovative competitors. Newly empowered clients have adopted aggressive buying behaviours and begun dictating the terms of their relationships to law firms. Faced with this unprecedented competitive landscape and an industry-wide drop in demand for their services, law firms need effective solutions to these existential challenges. And they need them now. Jordan Furlong, one of the foremost analysts of the global legal market and a leading strategic forecaster of its future, explains how to create a law firm built to succeed in this new buyer’s market. He has designed a transformative client-first law firm that rethinks the business model, culture, client service, competitiveness, growth strategies, diversity, and leadership of legal enterprises. When clients change their purchasing patterns, law firms need to change their approach. Law Is A Buyer’s Market will help you adapt to the new legal market and lead your firm into the future of law. “This is an exceptionally clear book, brimming with practical help, and humorous into the bargain. Jordan’s assessment of the legal market should be read carefully by clients and lawyers everywhere.” - Prof. Richard Susskind, author, Tomorrow’s Lawyers “If you are a law firm partner or leader, you must read this book and suspend the natural but dangerous desire to believe it doesn’t apply to you – because it applies to everyone in our industry.” - Susan Manch, Chief of People & Development, Norton Rose Fulbright US LLP

By Man Shall His Blood Be Shed: A Catholic Defense of Capital Punishment


Edward Feser - 2017
    It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial  teaching of the Church that capital punishment can in principle be legitimate—not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty.Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium.  Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions.By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.

Just a Journalist: On the Press, Life, and the Spaces Between


Linda Greenhouse - 2017
    Just a few years ago, the mainstream press was wrestling with whether labeling waterboarding as torture violated important norms of neutrality and objectivity. Now, major American newspapers regularly call the president of the United States a liar. Clearly, something has changed as the old rules of "balance" and "two sides to every story" have lost their grip. Is the change for the better? Will it last?In Just a Journalist, Linda Greenhouse--who for decades covered the U.S. Supreme Court for The New York Times--tackles these questions from the perspective of her own experience. A decade ago, she faced criticism from her own newspaper and much of journalism's leadership for a speech to a college alumnae group in which she criticized the Bush administration for, among other things, seeking to create a legal black hole at Guantanamo Bay--two years after the Supreme Court itself had ruled that the detainees could not be hidden away from the reach of federal judges who might hear their appeals.One famous newspaper editor expressed his belief that it was unethical for a journalist to vote, because the act of choosing one candidate over another could compromise objectivity. Linda Greenhouse disagrees. Calling herself "an accidental activist," she raises urgent questions about the role journalists can and should play as citizens, even as participants, in the world around them.

Evidence for Hope: Making Human Rights Work in the 21st Century


Kathryn Sikkink - 2017
    Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. They point out that Guant�namo is still open, the Arab Spring protests have been crushed, and governments are cracking down on NGOs everywhere. But respected human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to pessimistic doubts about human rights laws and institutions. She demonstrates that change comes slowly and as the result of struggle, but in the long term, human rights movements have been vastly effective.Attacks on the human rights movement's credibility are based on the faulty premise that human rights ideas emerged in North America and Europe and were imposed on developing southern nations. Starting in the 1940s, Latin American leaders and activists were actually early advocates for the international protection of human rights. Sikkink shows that activists and scholars disagree about the efficacy of human rights because they use different yardsticks to measure progress. Comparing the present to the past, she shows that genocide and violence against civilians have declined over time, while access to healthcare and education has increased dramatically. Cognitive and news biases contribute to pervasive cynicism, but Sikkink's investigation into past and current trends indicates that human rights is not in its twilight. Instead, this is a period of vibrant activism that has made impressive improvements in human well-being.Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how these essential advances can be supported and sustained for decades to come.

The Poverty of Privacy Rights


Khiara M. Bridges - 2017
    The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state-both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance-rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.

Miles Lord: The Maverick Judge Who Brought Corporate America to Justice


Roberta Walburn - 2017
    Humphrey, Eugene McCarthy, and Walter Mondale, in the days before they reached national fame; teaming with Bobby Kennedy as a hotshot prosecutor in pursuit of Jimmy Hoffa; and serving as the secret envoy between his friends Hubert and Eugene in their battle for the soul of the Democratic party in the historic 1968 presidential campaign. Later, after donning his black robe, he reshaped jurisprudence with precedent-breaking rulings—on issues ranging from women’s rights to consumer protection to education reform—and breaking trail when he ordered the shutdown of the Reserve Mining Company in northern Minnesota, which was spewing its waste into Lake Superior, in the most sensational trial of the early environmental era.One of Judge Lord’s landmark cases—and interlaced as a centerpiece narrative of this book—involved the Dalkon Shield intrauterine device, which caused horrific infections in thousands of women, resulting in infertility and sometimes death. Author Roberta Walburn served as the judge’s law clerk during that litigation in 1983–84, and she provides a page-turning account (both an insider’s view and an in-depth chronicle) of what was called “one of the most disastrous episodes of American corporate misconduct.” In the end, more than 200,000 women received nearly $3 billion in compensation, and the Fortune 500 defendant was left in ruins. But Judge Lord was hauled up on judicial misconduct charges for his no-holds-barred actions that were certainly provocative but also stand as a timely reminder, even (or especially) today, of the challenges in balancing the scales of justice for a legal system that too often skews to the rich and powerful.The author deftly weaves the Dalkon Shield drama into the larger story of the life of a one-of-a-kind man, crafting a sweeping and spirited true-life tale with not only her first-hand experiences as the judge’s law clerk but also with unrestricted access to the judge’s personal files. This is a rare and compelling portrait of a remarkable man and his place in both Minnesota and U.S. history.

THE STUDY OF LAW: HOW TO CONQUER LAW SCHOOL


Jim V. Lopez - 2017
    TABLE OF CONTENTSCHAPTER 1 CIRCUS MAXIMUSCHAPTER 2 LOVE, LIFE & LAWCHAPTER 3 THE FUNDAMENTALSCHAPTER 4 CLASS STRUGGLESCHAPTER 5 THE CONQUERORSCHAPTER 6 THINKING LIKE A LAWYERCHAPTER 7 TEACHNING METHODSCHAPTER 8 MenTorMentorsCHAPTER 9 THE FLIGHT OF TIMECHAPTER 10 TYROS AND TYRANTSCHAPTER 11 THE BIBLIOPHILESCHAPTER 12 THE LAW SCHOOL EXAMSCHAPTER 13 SPEED READINGCHAPTER 14 SUPER MEMORYCHAPTER 15 RECITATIONCHAPTER 16 TAKING NOTESCHAPTER 17 CASE DIGESTSCHAPTER 18 MANAGING TIMECHAPTER 19 THE COMBATANTSCHAPTER 20 STRESS AND DISTRESSCHAPTER 21 THE ZENITHCHAPTER 22 BASIC LAWYERING SKILLSCHAPTER 23 THE ICONIC LAWYERSCHAPTER 24 BIANCA’S QUANDARYCHAPTER 25 A PROFESSOR’S TALECHAPTER 26 HARD DAYSCHAPTER 27 THE BAR EXAM

1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School, Video (Career Guides)


Andrew McClurg - 2017
    

Aiden's Bundle 2


Aiden Bates - 2017
    When the ghosts of their respective pasts reach out from the grave to interfere with the case, will history keep them apart or will love conquer all? Escape Kody has a dangerous job in a dangerous place, and Miles is used to a life of comfort, and they don't make sense as a couple, but they can't let each other go. No matter how much disasters and hard times find them, they're drawn together over and over again. Bound Together Unfortunately, neither the omega nor the alpha is initially enthusiastic. Neither of them has ever wanted to be part of a claimed pair, and Connor is terrified of forcing himself on an unwilling omega. Mutual reluctance and unfamiliarity leads to misunderstandings, caused by powerful attraction, high stakes and the constant threat of danger. Hot Bodies Enter Dr. Dale Dexter, MD and PhD, former child genius...current mad scientist. Dexter says he has a cure for what ails Tim and Nathan. He invites them to be part of a study that promises good health and a hot body. He just needs a little bit of their time . . . Tim and Nathan are about to encounter some weird science. Legal Affairs Adam is a prosecutor, and he loves it. He comes from a long line of prosecutors and police officers, and his greatest high is putting violent criminals away. He doesn’t have any patience for criminals or their apologists, until he meets an omega defense attorney he can’t get out of his head. When flimsy evidence turns out to be part of a deeper issue in the town, can their love survive the resulting fallout? Disclaimer: This book contains adult, sexually explicit content with an intense sex scene and dominant alpha with his delicate rare omega. This should not be viewed for anyone under the age of 18.

Autopsies (Forensics for Fiction)


Geoff Symon - 2017
    This user-friendly, illustrated reference digs into all things posthumous and postmortem. Presented as a research manual for the experienced writer, this “Forensics for Fiction” title offers practical approaches and realistic details by covering: ¤ Terms and techniques used during autopsy procedures ¤ Different postmortem professionals and their specialties ¤ The stages of decomposition in different environments ¤ Methods used to estimate the time of death ¤ Case studies in which autopsies cracked the crime ¤ Examples of how to use autopsies in any popular genre Whether you’re writing about dissection or resurrection, this guidebook covers it all from cadaver to slab as an easy-to-understand resource for dead-on storytelling.

Tell: Love, Defiance, and the Military Trial at the Tipping Point for Gay Rights


Margaret Witt - 2017
    This was also the year that President Clinton’s plan for gays to serve openly in the military was quashed by an obdurate Congress, resulting in the blandly cynical political compromise known as Don’t Ask, Don’t Tell. Contrary to its intent, DADT had the perverse effect of making it harder for gay servicemen and -women to fight expulsion. Over the next seventeen years more than 13,000 gay soldiers, sailors, marines, coast guard, and airmen and -women were removed from military service. That is, until Margie Witt’s landmark case put a stop to it. Tell is the riveting story of Major Margaret Witt’s dedicated and decorated military career as a frontline flight nurse, and of her love and devotion to her partner—now wife—Laurie Johnson. Tell captures the tension and drama of the politically charged legal battle that led to the congressional repeal of the controversial law and helped pave the way for a suite of landmark political and legal victories for gay rights. Tell is a testament to the power of love to transform hearts and minds, as well as a celebration of the indomitable spirit of Major Witt, her wife Laurie, her dedicated legal team, and the brave men and women who came forward to testify on her behalf in a historic federal trial. “The name Margaret Witt may join the canon of US civil rights pioneers.” —Guardian “Major Witt’s trial provided an unparalleled opportunity to attack the central premise of [Don’t Ask, Don’t Tell] . . . and set an important precedent.”— New York Times “A landmark ruling.”—Politico

Introduction to Law


Rolando A. Suarez - 2017
    

Freeing David McCallum: The Last Miracle of Rubin "Hurricane" Carter


Ken Klonsky - 2017
    McCallum was eventually exonerated and freed after serving twenty-nine years in prison. This is the story of how Carter and Klonsky, along with a group of committed friends and professionals, managed to secure McCallum’s release. It details their many struggles, from founding an innocence project to take on the case, finding lawyers willing to work pro bono, and hiring a private detective to sift through old evidence and locate original witnesses, to the most difficult part: convincing members of a deeply flawed criminal justice system to reopen a case that would expose their own mistakes when all they wanted to do was ignore the conflicting evidence. A new district attorney willing to reexamine the case, a documentary film, and an op-ed piece in which Carter, on his deathbed, made a plea for McCallum’s release finally turned the tide of justice.

The Introverted Lawyer: A Seven Step Journey Toward Authentically Empowered Advocacy


Heidi K. Brown - 2017
    While loquacious law students, professors, lawyers, and judges thrive in a world dominated by the Socratic Method and rapid-fire oral discourse, quiet thinkers and writers can become sidelined. Introverted, shy, or socially anxious law students and lawyers often question their place in the legal arena, though research reveals they offer much-needed gifts to the profession, including active listening, empathy, contemplative analysis, and impactful writing. As legal education and law practice adjust to economic shifts and changing client mindsets, this is a prime opportunity for the legal community to make room for subtler voices. The Introverted Lawyer invites that dialogue into the legal profession. This book explains the differences among introversion, shyness, and social anxiety and how each manifests in the legal context; describes how the extrovert bias in law school and practice detrimentally can impact quiet individuals, fueling enhanced anxiety in a vocation already fraught with mental health issues; explores how quiet law students and lawyers offer greatly needed proficiencies to the legal profession; and finally, presents a seven-step process to help introverted, shy, and socially anxious individuals amplify their authentic lawyer voices, capitalize on their natural strengths, and diminish unwarranted stress. The Introverted Lawyer provides practical, tangible steps for individual growth, as well as a sound platform to enable caring professors, law office mentors, and bar association representatives to educate themselves, their students, and developing lawyers about this important and often overlooked issue.

The Commandment We Forgot


Tim Challies - 2017
    For these reasons, we can no longer ignore the forgotten fifth commandment: Honor your father and your mother. --- This commandment is not just for children. Rather, it pertains to the whole of life and to every person of every age. In the home, the church, and the workplace, it provides a stable foundation for all of society. Yet, we often neglect it and fail to appreciate its relevance to our lives. It is the commandment we forgot. This booklet is a brief exploration of the fifth commandment: Honor your father and your mother. It answers important questions relevant to every Christian: Does this commandment expire when we move out of our parents’ home and gain our independence? Does it cease being relevant once we are married? Is obedience synonymous with honor? Do we need to be prepared to provide for them financially? What if our parents are especially difficult or unworthy of respect? My hope is that this book will restore the centrality of the fifth commandment, even and especially to adults. Let’s look together to the Bible and, ultimately, to Jesus Christ as the perfect fulfillment of the commandment we forgot. –Tim Challies

Estate Planning for the Savvy Client: What You Need to Know Before You Meet With Your Lawyer (Savvy Client Series, #1)


Mary L. Barrow - 2017
    This book will tell you what you need to know before you meet with your attorney or prospective attorney. The Savvy Client is you!

Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay


Amanda L Tyler - 2017
    The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the EnglishHabeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Actin wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilegein its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-firstcenturies have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and laterduring the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding thescope of executive power to arrest and detain in wartime are not new ones.

Key to IP: Identifying Your Patents, Trademarks, Copyrights, and Trade Secrets


Chris Weiss - 2017
    Through clear visuals and easy to follow examples, you'll quickly understand the most important elements of intellectual property. The lessons you learn in these pages will empower you to recognize new possibilities and turn your ideas into value. This is not a step-by-step guide to filing applications. This is a place to start when you're looking for a primer on identifying intellectual property. And whether you’re a CEO or a secretary, work at a Fortune 500 company or work at a start-up, reading this book will prepare you to make meaningful contributions to your business.

Assassination of a Saint: The Plot to Murder Óscar Romero and the Quest to Bring His Killers to Justice


Matt Eisenbrandt - 2017
    It also highlights the difficulties that face those who pursue such cases many years after the crimes have taken place."—New York Review of Books On March 24, 1980, the assassination of El Salvador’s Archbishop Óscar Romero rocked that nation and the world. Despite the efforts of many in El Salvador and beyond, those responsible for Romero’s murder remained unpunished for their heinous crime. Assassination of a Saint is the thrilling story of an international team of lawyers, private investigators, and human-rights experts that fought to bring justice for the slain hero. Matt Eisenbrandt, a lawyer who was part of the investigative team, recounts in this gripping narrative how he and his colleagues interviewed eyewitnesses and former members of death squads while searching for evidence on those who financed them. As investigators worked toward the only court verdict ever reached for the murder of the martyred archbishop, they uncovered information with profound implications for El Salvador and the United States.

A Sea of Debt: Law and Economic Life in the Western Indian Ocean, 1780-1950


Fahad Bishara - 2017
    In this time of expanding commercial activity, a melange of Arab, Indian, Swahili and Baloch merchants, planters, jurists, judges, soldiers and seamen forged the frontiers of a shared world. The interlinked worlds of trade and politics that these actors created, the shared commercial grammars and institutions that they developed and the spatial and socio-economic mobilities they engaged in endured until at least the middle of the twentieth century. This major study examines the Indian Ocean from Oman to India and East Africa over an extended period of time, drawing together the histories of commerce, law and empire in a sophisticated, original and richly textured history of capitalism in the Islamic world.

Employment Law: The Essentials


David Lewis - 2017
    It takes the reader step-by-step through everything that they need to know, including the formation of the Contract of Employment, discrimination, health and safety in the workplace, unfair dismissal and redundancy. Easy to read and navigate, and full of case studies and useful examples that encourage deeper thinking, this fully updated 14th edition provides a thorough theoretical grounding in employment law that can be applied in practice.This new edition of Employment Law is completely up to date with the latest cases and legislation, including the Trade Union Act 2016 and the Enterprise Act 2016, offers new content on the enforcement of tribunal awards, zero hours contracts and migrant workers, and provides an up-to-date analysis of anti-discrimination law, the national living wage and the 'Transfer of Undertakings (Protection of Employment) Regulations 2006' (TUPE). Online resources such as lecture slides, extra case studies and annotated web links will support your learning and enable you to apply the theory in practice.

The Oxford Handbook of Criminology


Alison Liebling - 2017
    Each chapter details relevant theory, recent research, policy developments, and current debates. Extensive references aidfurther research.Extensively revised, the sixth edition has been expanded to include all the major topics and significant new issues such as zemiology; green criminology; domestic violence; prostitution and sex work; penal populism; and the significance of globalization for criminology.The Oxford Handbook of Criminology is accompanied by a suite of online resources providing additional teaching and learning materials for both students and lecturers. This includes selected chapters from previous editions, essay questions for each chapter, web links to aid further research, andguidance on how to answer essay questions.

A Different Shade of Justice: Asian American Civil Rights in the South


Stephanie Hinnershitz - 2017
    Although they were not black, Asian Americans generally were not considered white and thus were subject to school segregation, antimiscegenation laws, and discriminatory business practices. As Asian Americans attempted to establish themselves in the South, they found that institutionalized racism thwarted their efforts time and again. However, this book tells the story of their resistance and documents how Asian American political actors and civil rights activists challenged existing definitions of rights and justice in the South.From the formation of Chinese and Japanese communities in the early twentieth century through Indian hotel owners' battles against business discrimination in the 1980s and '90s, Stephanie Hinnershitz shows how Asian Americans organized carefully constructed legal battles that often traveled to the state and federal supreme courts. Drawing from legislative and legal records as well as oral histories, memoirs, and newspapers, Hinnershitz describes a movement that ran alongside and at times intersected with the African American fight for justice, and she restores Asian Americans to the fraught legacy of civil rights in the South.

Not a Crime to Be Poor: The Criminalization of Poverty in America


Peter Edelman - 2017
    Kennedy Book & Journalism AwardsFinalist for the American Bar Association's 2018 Silver Gavel Book AwardNamed one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel"A powerful investigation into the ways the United States has addressed poverty. . . . Lucid and troubling."--Matthew Desmond, author of Evicted, in The Chronicle of Higher EducationA nationally known expert on poverty shows how not having money has been criminalized and shines a light on lawyers, activists, and policy makers working for a more humane approachIn addition to exposing racially biased policing, the Justice Department's Ferguson Report exposed to the world a system of fines and fees levied for minor crimes in Ferguson, Missouri, that, when they proved too expensive for Ferguson's largely poor, African American population, resulted in jail sentences for thousands of people.As former staffer to Robert F. Kennedy and current Georgetown law professor Peter Edelman explains in Not a Crime to Be Poor, Ferguson is everywhere in America today. Through money bail systems, fees and fines, strictly enforced laws and regulations against behavior including trespassing and public urination that largely affect the homeless, and the substitution of prisons and jails for the mental hospitals that have traditionally served the impoverished, in one of the richest countries on Earth we have effectively made it a crime to be poor.Edelman, who famously resigned from the administration of Bill Clinton over welfare "reform," connects the dots between these policies and others including school discipline in poor communities, child support policies affecting the poor, public housing ordinances, addiction treatment, and the specter of public benefits fraud to paint a picture of a mean-spirited, retributive system that seals whole communities into inescapable cycles of poverty.

A Tilted Guide To Being A Defendant


Tilted Scales Collective - 2017
    As much as we like to believe it couldn’t happen to us, it could. And it’s best to be prepared. This book it is a guide wrote by the veteran legal support activists of the Tilted Scales Collective, that present an overview of how to balance your personal, political, and legal goals in a criminal trial.

The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice


Stuart H. Newberger - 2017
    Despite being one of the deadliest acts of terrorism in history, it remained overshadowed by the Lockerbie tragedy that had taken place ten months earlier. Both attacks were carried out at the instruction of Libyan dictator Qaddafi, but while “Lockerbie” became synonymous with international terrorism, UTA 772 became the “forgotten flight”. As a lawyer, Stuart H. Newberger represented the families of the seven Americans killed in the UTA 772 attack. Now he brings all the pieces together to tell its story for the first time, revealing in riveting prose how French investigators cracked the case and taking us inside the courtroom to witness the litigation against the Libyan state that followed. In the age of globalization, The Forgotten Flight provides a fascinating insight into the pursuit of justice across international borders.

Natural Law: A Brief Introduction and Biblical Defense


David Haines - 2017
    Some wish to go further and assert that it is our only guide. But how then can we account for the remarkable insight and moral integrity that many unbelievers seem to display? Indeed, how to account for the myriad ways in which believers themselves navigate the world based on knowledge and intuition not always derived from Scripture? Enter the doctrine of natural law. Frequently misrepresented as an assertion of the autonomous power of human reason or as a uniquely Roman Catholic doctrine, natural law has actually been an integral part of orthodox Christian theology since the beginning, and is even clearly asserted in Scripture itself. In this brief guide, David Haines and Andrew Fulford explain the philosophical foundations of natural law, clear up common misunderstandings about the term, and demonstrate the robust biblical basis for natural law reasoning.

Once I Was A Soldier (Lies And Consequences Book 2)


Daniel Kemp - 2017
    Meanwhile, the attractive yet naive Melissa Iverson wishes she had never inherited her family's vast fortune. After they both become entangled with a 44-year-old, womanizing British intelligence agent, the two women find themselves in a web of deception and mystery. Threatening letters, dark family secrets and connections to persons of power all tell them that the path they tread is wrought with danger. Daniel Kemp's Once I Was A Soldier is a thriller brimming with international intrigue, and a story of poignant self-reflection.

Nightmare in Hostage Hills


Christina Mask - 2017
    Kudos for her strength and bravery in putting her story out there as a cautionary tale for others.” (Dr. Susan Weitzman, author, Not to People like Us: Hidden Abuse in Upscale Marriages).“Christina Mask’s Nightmare is constructed around fragments from a life in agony as one woman attempts to escape abuse, retain her sanity, and regain the custody of three children the family court and her husband have taken from her. It’s all here—the daily records over months, then years; the diary entries; the self-blame; the excuses; the shame; the absurdist dialogues with family therapists; marginalia from readings or lectures or religious texts; letters pleadings with judges and lawyers and evaluators; poems; letters to and from the children, real and imagined; the reports that put her claims of abuse in quotations; and so, so much more. These pieces are loosely joined by a narrative and an interior monologue that I sometimes found too much to bear. But then I realized I was scanning something akin to a Picasso painting, whose underlying truth lay not in what was on the page, not the fragments, but in the hope that put them out here, no more evident than in the endlessly reasonable letters Mask writes to intractable foes. Mask has cast her eye on what Yeats termed ‘the broken, crumbling battlement’ of the self and lived to write it. As one director famously said about the sixty women and children crowded into her six-bedroom shelter, ‘If they can manage this, they can manage anything.’ Christina’s book gives us faith that she is right.” (Evan Stark, PhD, MSW. The writer is professor emeritus at Rutgers University, and author of Coercive Control: How Men Entrap Women in Personal Life [Oxford, 2007]).

The Study of Law: How to Conquer Law


Atty Jim Lopez - 2017
    TABLE OF CONTENTSCHAPTER 1 CIRCUS MAXIMUSCHAPTER 2 LOVE, LIFE & LAWCHAPTER 3 THE FUNDAMENTALSCHAPTER 4 CLASS STRUGGLESCHAPTER 5 THE CONQUERORSCHAPTER 6 THINKING LIKE A LAWYERCHAPTER 7 TEACHNING METHODSCHAPTER 8 MenTorMentorsCHAPTER 9 THE FLIGHT OF TIMECHAPTER 10 TYROS AND TYRANTSCHAPTER 11 THE BIBLIOPHILESCHAPTER 12 THE LAW SCHOOL EXAMSCHAPTER 13 SPEED READINGCHAPTER 14 SUPER MEMORYCHAPTER 15 RECITATIONCHAPTER 16 TAKING NOTESCHAPTER 17 CASE DIGESTSCHAPTER 18 MANAGING TIMECHAPTER 19 THE COMBATANTSCHAPTER 20 STRESS AND DISTRESSCHAPTER 21 THE ZENITHCHAPTER 22 BASIC LAWYERING SKILLSCHAPTER 23 THE ICONIC LAWYERSCHAPTER 24 BIANCA’S QUANDARYCHAPTER 25 A PROFESSOR’S TALECHAPTER 26 HARD DAYSCHAPTER 27 THE BAR EXAM

The Constitution of Freedom: An Introduction to Legal Constitutionalism


András Sajó - 2017
    While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stabledemocracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need ofconstant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means.Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of theapparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those inpolitics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Criminal Procedure (Emanuel CrunchTime)


Steven L. Emanuel - 2017
    Emanuel® CrunchTime is the perfect tool for exam studying. With flowcharts and capsule summaries of major points of law and critical issues, as well as exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers – you will be prepared for your next big test. Here's why you will need Emanuel® CrunchTime to help you ace your exams: Perfect for the visual learner: The flow charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. Featured capsule summaries help you quickly review key concepts not just before the exam, but throughout the semester Exams Tips recap the most commonly tested issues and fact patterns.

Intellectual Property: A Very Short Introduction


Siva Vaidhyanathan - 2017
    We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world.Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.

Being Simon Haines


Tom Vaughan MacAulay - 2017
     For a decade he's been chasing his dream: partnership at the legendary, family-run law firm of Fiennes & Plunkett. The gruelling hours and manic intensity of his job have come close to breaking him, but he has made it through the years and is now within a whisker of his millions: in less than two weeks, he will know the outcome of the partnership vote. He decides to spend the wait in Cuba in an attempt to rediscover his youthful enthusiasm and curiosity, and to clear his mind before the arrival of the news that might change his life forever. But alone in Havana he becomes lost in nostalgia and begins to relive his past… Set against the backdrop of an uncertain world, and charged with emotion, Being Simon Haines is a searching story about contemporary London and aspiration, values and love. Painting a picture of a generation of young professionals, it asks the most universal of questions: are we strong enough to know who we are?

Closing the Courthouse Door: How Your Constitutional Rights Became Unenforceable


Erwin Chemerinsky - 2017
    But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court’s record over the past generation has been almost uniformly hostile to the enforcement of individual citizens’ constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens’ ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts’ primary purpose, and they should not be barred from considering any constitutional question.

The Istanbul Convention, Domestic Violence and Human Rights (Routledge Research in Human Rights Law)


Ronagh McQuigg - 2017
    The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

The Dignity of Commerce: Markets and the Moral Foundations of Contract Law


Nathan B. Oman - 2017
    When two parties enter into a transaction, they are obligated as moral beings to play out the transaction in the way that both parties expect. But this overlooks a broader understanding of the moral possibilities of the market. Just as Shakespeare’s Shylock can stand on his contract with Antonio not because Antonio is bound by honor but because the enforcement of contracts is seen as important to maintaining a kind of social arrangement, today’s contracts serve a fundamental role in the functioning of society. With The Dignity of Commerce, Nathan B. Oman argues persuasively that well-functioning markets are morally desirable in and of themselves and thus a fit object of protection through contract law. Markets, Oman shows, are about more than simple economic efficiency. To do business with others, we must demonstrate understanding of and satisfy their needs. This ability to see the world from another’s point of view inculcates key virtues that support a liberal society. Markets also provide a context in which people can peacefully cooperate in the absence of political, religious, or ideological agreement. Finally, the material prosperity generated by commerce has an ameliorative effect on a host of social ills, from racial discrimination to environmental destruction. The first book to place the moral status of the market at the center of the justification for contract law, The Dignity of Commerce is sure to elicit serious discussion about this central area of legal studies.

The Conservative Human Rights Revolution: European Identity, Transnational Politics, and the Origins of the European Convention


Marco Duranti - 2017
    Both its supporters and detractors accept the common view that the European human rights system was originally devised as a means ofcontaining communism and fascism after World War II.In The Conservative Human Rights Revolution, Marco Duranti radically reinterprets the origins of the European Convention on Human Rights (ECHR), arguing that conservatives conceived of the treaty not only as a Cold War measure, but also as a vehicle for pursuing a controversial domestic politicalagenda on either side of the Channel. Just as the Supreme Court of the United States had sought to overturn Franklin Roosevelt's New Deal, a European Court of Human Rights was meant to constrain the ability of democratically elected governments to implement left-wing policies that British and Frenchconservatives believed violated their basic liberties.Conservative human rights rhetoric, Duranti argues, evoked a romantic Christian vision of Europe. Rather than follow the model of the Universal Declaration of Human Rights, conservatives such as Winston Churchill grounded their appeals for new human rights safeguards in the values of a bygoneEuropean civilization. All told, these efforts served as a basis for reconciliation between Germans and the West, the exclusion of communists from the European project, and the denial of equal protection to colonized peoples.Illuminating the history of internationalism and international law, and elucidating Churchill's Europeanism and critical contribution to the genesis of the ECHR, this book revisits the ethical foundations of European integration across the first half of the twentieth century and offers a newperspective on the crisis in which the European Union finds itself today.

Voices of Civil Rights Lawyers: Reflections from the Deep South, 1964–1980


Kent Spriggs - 2017
    . . . The kind of book you can open anywhere, maybe thumb back or forth a few pages, and settle into a good story.”— USA Today “One of the great, largely unknown stories of American history. This volume is a wonderfully evocative demonstration of something often discounted—how important law and lawyers were, and remain, in realizing the promise of full equality for all citizens.”—Kenneth W. Mack, author of Representing the Race   “Filled with tales of ordinary people exhibiting extraordinary courage, Voices of Civil Rights Lawyers provides a penetrating and vital new perspective on one of the most turbulent and important periods in American history.”—Lawrence Goldstone, author of Inherently Unequal   “Spriggs has performed a great service for future historians and for all of us by collecting the personal memories of lawyers who put their boots on the ground and their lives on the line in the Deep South during the tumultuous civil rights movement.”—James Blacksher, civil rights attorney, Birmingham, Alabama   “The different voices are incredibly effective at both describing a harrowing series of events for the lawyers and allowing readers to hear how they interpreted those events in their own individual ways. A powerful work.”—Thomas Aiello, author of Jim Crow’s Last Stand   While bus boycotts, sit-ins, and other acts of civil disobedience were the engine of the civil rights movement, the law provided context for these events. Lawyers played a key role amid profound political and social upheavals, vindicating clients and together challenging white supremacy. Here, in their own voices, twenty-six lawyers reveal the abuses they endured and the barriers they broke as they fought for civil rights.   These eyewitness accounts provide unique windows into some of the most dramatic moments in civil rights history—the 1965 Selma March, the first civil judgment against the Ku Klux Klan, the creation of ballot access for African Americans in Alabama, and the 1968 Democratic Convention. The narratives depict attorney-client relationships extraordinary in their mutual trust and commitment to risk-taking. White and black, male and female, northern- and southern-born, these recruits in the battle for freedom helped shape a critical chapter of American history.

Nat Turner in Jerusalem


Nathan Alan Davis - 2017
    Turner's startling account of his prophecy and the insurrection was recorded and published by attorney Thomas R. Gray. Nathan Alan Davis writes a timely new play that imagines Turner's final night in a jail cell in Jerusalem, Virginia as he is visited by Gray and they reckon with what has passed, and what the dawn will bring. Woven with vivid imagery and indelible lyricism, Nat Turner in Jerusalem examines the power of an individual's resolute convictions and their seismic reverberations through time.

Human Rights after Hitler: The Lost History of Prosecuting Axis War Crimes


Dan Plesch - 2017
    These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time.This history also brings long overdue credit to the United Nations War Crimes Commission (UNWCC), which operated during and after World War II. Dan Plesch describes the commission s work and Washington s bureaucratic obstruction to a 1944 proposal to prosecute crimes against humanity before an international criminal court.From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC's files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including water treatment, wartime sexual assault, and crimes by foot soldiers who were just following orders. Plesch's book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.

The Judge: 26 Machiavellian Lessons


Ronald K.L. Collins - 2017
    The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy.This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.

Beyond Incarceration: Safety and True Criminal Justice


Paula Mallea - 2017
    Centuries ago, incarcerating convicts represented progress on society’s part, since it came as a replacement for capital punishment, maiming, and torture.Our current model — taking away convicts’ freedom and holding them in degrading and unhealthy prison conditions — promotes recidivism and jeopardizes public safety. It is highly discriminatory, with disproportionate numbers of ethnic, indigenous, mentally ill, drug-dependent, poor, and otherwise marginalized people imprisoned. It is also ruinously expensive.Elsewhere, alternative correctional systems successfully rehabilitate offenders while treating them with dignity and respect. This book lays out the case for a complete overhaul of Canada’s ineffective incarceration model of criminal justice and for a new approach.

The Only Woman in the Room: The Norma Paulus Story


Norma Paulus - 2017
    

The Long Reach of the Sixties: LBJ, Nixon, and the Making of the Contemporary Supreme Court


Laura Kalman - 2017
    Yet within a few short years, new appointments redirected the Court in a more conservative direction, a trend that continued for decades. However, even after Warren retired and the makeup of the court changed, his Court cast a shadow that extends to our own era.In The Long Reach of the Sixties, Laura Kalman focuses on the late 1960s and early 1970s, when Presidents Johnson and Nixon attempted to dominate the Court and alter its course. Using newly released--and consistently entertaining--recordings of Lyndon Johnson's and Richard Nixon's telephone conversations, she roots their efforts to mold the Court in their desire to protect their Presidencies. The fierce ideological battles--between the executive, legislative, and judicial branches--that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's decisions generally reflected public opinion, the surrounding debate calcified the image of the Warren Court as activist and liberal. Abe Fortas's embarrassing fall and Nixon's campaign against liberal justices helped make the term "activist Warren Court" totemic for liberals and conservatives alike.The fear of a liberal court has changed the appointment process forever, Kalman argues. Drawing from sources in the Ford, Reagan, Bush I, and Clinton presidential libraries, as well as the justices' papers, she shows how the desire to avoid another Warren Court has politicized appointments by an order of magnitude. Among other things, presidents now almost never nominate politicians as Supreme Court justices (another response to Warren, who had been the governor of California). Sophisticated, lively, and attuned to the ironies of history, The Long Reach of the Sixties is essential reading for all students of the modern Court and U.S. political history.

Jesus in the Courtroom: How Believers Can Engage the Legal System for the Good of His World


John Mauck - 2017
    When he defended the adulterous woman, when he argued from Scripture that the disciples were fine to pick grain on the Sabbath, and in other instances, Jesus insightfully applied to uphold justice and promote goodwill.The legal aspects of Jesus’ ministry have long been obscured or misunderstood, particularly his interactions with and attitude toward the law and lawyers. Jesus’ desire in his day and ours is to use the law to secure the rights of people to hear the gospel and to set humanity free. In other words, to be the best citizens we can be, we need to follow in the footsteps of the greatest citizen who ever lived.Jesus in the Courtroom covers topics like:Why we should care about the lawStrategic involvement with the law How God has used the law to expand His kingdomWhat can happen when we partner with legal professionalsHow citizenship is part of discipleship Christian citizenship in matters like adoption, abortion, minimum wage, foster care, and schoolsWe are citizens of two kingdoms, but many of us duck and run when it comes to civil life. For anyone who cares about their community—parents, teachers, pastors, you name it—engagement with our legal system can play a huge role in the health of our communities and in cultivating a context where the gospel can flourish.Jesus in the Courtroom will help us understand not only why we have failed to appreciate the legal aspect of Jesus’ life, but also to understand and cooperate with his legal ministry to us and through us. If we are going to be faithful “citizen disciples” in this challenging new world, we need to look anew at how Jesus taught, thought, and interacted with the legal establishment of his day.

American Spies: Modern Surveillance, Why You Should Care, and What to Do about It


Jennifer Stisa Granick - 2017
    Written for a general audience by a surveillance law expert, this book educates readers about how the reality of modern surveillance differs from popular understanding. Weaving the history of American surveillance - from J. Edgar Hoover through the tragedy of September 11th to the fusion centers and mosque infiltrators of today - the book shows that mass surveillance and democracy are fundamentally incompatible. Granick shows how surveillance law has fallen behind while surveillance technology has given American spies vast new powers. She skillfully guides the reader through proposals for reining in massive surveillance with the ultimate goal of surveillance reform.

Gene Editing, Law, and the Environment: Life Beyond the Human (Law, Science and Society)


Irus Braverman - 2017
    These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.

Introduction to the English Legal System 2017-2018


Martin Partington - 2017
    Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates.Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life.This book is accompanied by an excellent Online Resource Centre, which houses: questions for reflection and discussion; multiple choice questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers his views on key developments in the English justice system.

Constitutional Coup: Privatization's Threat to the American Republic


Jon D Michaels - 2017
    Rejecting bureaucracy--but not the goods and services the welfare state provides--Americans have demanded that government be made to run like a business. Hence today's privatization revolution.But as Jon D. Michaels shows, separating the state from its public servants, practices, and institutions does violence to our Constitution, and threatens the health and stability of the Republic. Constitutional Coup puts forward a legal theory that explains the modern welfare state as a worthy successor to the framers' three-branch government.What legitimates the welfare state is its recommitment to a rivalrous system of separation of powers, in which political agency heads, career civil servants, and the public writ large reprise and restage the same battles long fought among Congress, the president, and the courts. Privatization now proclaims itself as another worthy successor, this time to an administrative state that Americans have grown weary of. Yet it is a constitutional usurper. Privatization dismantles those commitments to separating and checking state power by sidelining rivalrous civil servants and public participants.Constitutional Coup cements the constitutionality of the administrative state, recognizing civil servants and public participants as necessary--rather than disposable--components. Casting privatization as an existential constitutional threat, it underscores how the fusion of politics and profits commercializes government--and consolidates state power in ways both the framers and administrative lawyers endeavored to disaggregate. It urges--and sketches the outlines of--a twenty-first-century bureaucratic renaissance.

The Writing on the Wall: Rethinking the International Law of Occupation


Aeyal Gross - 2017
    Advocating a normative and functional approach to occupation and to the question of when it exists, it analyzes the application of humanitarian and human rights law, pointing to the risk of using the law of occupation in its current version to legitimize new variations of conquest and colonialism. The book points to the need for reconsidering the law of occupation in light of changing forms of control, such as those evident in Gaza. Although the Israeli occupation is a main focal point, the book broadens its compass to look at other cases, such as Iraq, Northern Cyprus, and Western Sahara, highlighting the role that international law plays in all of these cases.

Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights


Melissa Lambert Milewski - 2017
    In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts.Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period.Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination--and the choices black litigants had to make to get their cases heard.

Fragile Freedoms: The Global Struggle for Human Rights


Steven Lecce - 2017
    Fragile Freedoms brings together some of the most influential contemporary thinkers on the theory and practice of humanrights. The first two chapters, by Anthony Grayling and Steven Pinker, are primarily historical: they trace the emergence of human rights to a particular time and place, and they try to show how that emergence changed the world for the better. The next two chapters, by Martha Nussbaum and KwameAnthony Appiah, are normative arguments about the philosophical foundations of human rights. The final three chapters, by John Borrows, Baroness Helena Kennedy, and Germaine Greer, are innovative applications of human rights to indigenous peoples, globalization and international law, and women.Wide ranging in its philosophical perspectives and implications, this volume is an indispensable contribution to the contemporary thinking on the rights that must be safeguarded for all people.

The Second Amendment: An Illustrated History


Robert McWhirter - 2017
    But with unmediated news sources and fake news abounding, it is difficult to grapple with the issues without an unbiased guide. This series of books aims to inform the interested citizen of the Framers' ideas that underpin each amendment, along with their subsequent history, illustrated with some easily accessible examples from popular culture. The Second Amendment -A well-regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.- An imposition or a privilege? Does the Second Amendment to the Constitution confer a right, or impose a tax? The argument goes back and forth, on and on. This little book takes a cool look at the historical and philosophical underpinnings that informed the Framers' writing, the political needs at the time the Amendment was written, and the way in which it has been construed by parties of all sides since. Robert McWhirter employs a witty, light touch that manages to relate the arguments around the Amendment to its interpretation in popular culture and belies the deep scholarship and research that underpins the work. The book is an invaluable source for students of the history of the Constitution as well as providing an entertaining guide to the discussion around the intended meaning and subsequent interpretation of the Second Amendment for the interested citizen. On the journey through time there are illuminating and surprising diversions into the history of literature, religion, film, sports and popular culture. This book originally appeared as chapter two of Bills, Quills, and Stills: An Annotated, Illustrated, and Illuminated History of the Bill of Rights.

A Witness to History: George H. Mahon, West Texas Congressman


Janet M. Neugebauer - 2017
    Mahon, a man who went to Congress in 1935, when the House Committee on Appropriations still allocated a small amount of money to buy military horses. Forty-four years later, when Mahon retired as Chairman of that same committee, the committee was debating funds to purchase a bomber capable of traveling at 2,000 miles an hour. With a career spanning nearly a half century-including almost the entire Cold War-Mahon grew from a West Texas country lawyer to one of the most powerful men in the US House of Representatives, serving twenty-two consecutive terms from 1935-1978. During his time in Congress, Mahon worked easily with the giants of government, enjoying the friendship and confidence of seven of the eight presidents with whom he served. He worked just as comfortably with his constituents in the Nineteenth Congressional District of Texas. Mahon served on several Congressional committees, but it is through his service on the House Appropriations Committee and the Subcommittee on Defense Appropriations that he had the greatest national impact. He often bragged that under his leadership the Subcommittee on Defense Appropriations was the most non-partisan committee in Congress. Mahon led the subcommittee with a strong but gentle hand that earned him the respect of all who served with him.

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


Mike Ellis - 2017
    Just follow the illustrated prompts and read the English words out loud. Soon you’ll be speaking simple Russian words and phrases well enough to be understood—such as Good evening (Doe Bray Vee Sure) and How are you? (Cock Tee).The simple icons are easy to follow and this pocket-sized guide is easy to carry with you. It will give you the basic words and phrases you need for greeting people, asking directions, ordering food at a restaurant, shopping, and dozens of other common situations. And best of all, it’s a fun and quick way to learn Russian!

The History of the Death Penalty in Colorado


Michael Radelet - 2017
    The book describes the debates and struggles that Coloradans have had over the use of the death penalty, placing the cases of the 103 men whose sentences were carried out and 100 more who were never executed into the context of a gradual worldwide trend away from this form of punishment.For more than 150 years, Coloradans have been deeply divided about the death penalty, with regular questions about whether it should be expanded, restricted, or eliminated. It has twice been abolished, but both times state lawmakers reinstated the contentious punitive measure. Prison administrators have contributed to this debate, with some refusing to participate in executions and some lending their voices to abolition efforts. Colorado has also had a rich history of experimenting with execution methods, first hanging prisoners in public and then, starting in 1890, using the "twitch-up gallows" for four decades. In 1933, Colorado began using a gas chamber and eventually moved to lethal injection in the 1990s.Based on meticulous archival research in official state archives, library records, and multimedia sources, The History of the Death Penalty in Colorado, will inform the conversation on both sides of the issue anywhere the future of the death penalty is under debate.

Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government


Joseph Postell - 2017
    While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Our Bicentennial Crisis


Pete Davis - 2017
    In this comprehensive call to action, Pete Davis examines the source of this civic deficit and proposes what, in Harvard Law's third century, the school community can do to rectify it.

The Malmédy Massacre: The War Crimes Trial Controversy


Steven P Remy - 2017
    soldiers during World War II. The bloody deeds of December 17, 1944, produced the most controversial war crimes trial in American history. Drawing on newly declassified documents, Steven Remy revisits the massacre and the decade-long controversy that followed to set the record straight.After the war, the U.S. Army tracked down 74 of the SS men involved in the massacre and other atrocities and put them on trial at Dachau. All the defendants were convicted and sentenced to death or life imprisonment. Over the following decade, however, a network of Germans and sympathetic Americans succeeded in discrediting the trial. They claimed that interrogators some of them Jewish emigres had coerced false confessions and that heat of battle conditions, rather than superiors orders, had led to the shooting. They insisted that vengeance, not justice, was the prosecution s true objective. The controversy generated by these accusations, leveled just as the United States was anxious to placate its West German ally, resulted in the release of all the convicted men by 1957.The Malmédy Massacre shows that the torture accusations were untrue, and the massacre was no accident but was typical of the Waffen SS s brutal fighting style. Remy reveals in unprecedented depth how German and American amnesty advocates warped our understanding of one of the war s most infamous crimes through a systematic campaign of fabrications and distortions."

A Short & Happy Guide to Copyright (Short & Happy Guides)


Michael D. Murray - 2017
    Whether you plan to specialize in copyright or intellectual property, or simply want to be available to your firm or law office as an attorney who can take on a novel problem in an exciting and potentially high-profile and high-dollar-value area of your firm’s or office’s practice, this book will be useful to you; To provide a vocabulary of legal terms to use when consulting with lawyers, clients, accountants, financial planners, and insurers regarding copyright problems in the creative, entertainment, and scientific fields; To identify existing or potential legal problems in your clients’ and your organization’s practices. This guide will discuss a variety of areas in which exposure to legal liability or sanctions may present itself as a current or future problem based on your clients’ practices and procedures. Don’t let the small size fool you! This guide is full of useful information about copyright, but it also is designed to be fun.

Learning from Lord Mackay: Life and Work in Two Kingdoms


J. Cameron Fraser - 2017
    He is, in the words of a past President of the Law Society of Scotland, "not only an outstanding man in his profession, but one of the most brilliant Scottish scholars of all time." He is also a humble Christian who has served his Lord in church and state. This book seeks to introduce him to a wider Christian audience, while pointing out lessons that may be learned by others in political office and seeking to locate him in terms of the contemporary (largely American) "two kingdoms" controversy.

Calvin and the Whigs: A Study in Historical Political Theology


Ruben Alvarado - 2017
    But upon closer analysis, that conclusion proves entirely flawed. Calvinism proves to be worlds apart from the political philosophy of John Locke. It proves to be the mature fruit of the medieval “two swords” form of government, in which church and state share public power, rather than an early stage on the road to the dissociation of church and state, a road which Locke put us firmly upon with his own formulation of political power. Indeed, upon closer inspection Calvinism proves to be the product of a thousand-year tradition of Western political thought commencing with Augustine and moving through the Carolingian Renaissance and the Papal Revolution. That history is rediscovered and outlined in this book, as the preliminary means for recovering the true meaning of political Calvinism and its utter discontinuity with the modernism that commenced with Locke’s paradigm. It also helps disabuse us of the notion that history is linear, and that progress is straightforward. Rather, it helps us to understand the deformational period of history in which we live, and the need for a return to a confessional understanding of law, the state, and constitutionalism.

Debating Religious Liberty and Discrimination


John Corvino - 2017
    But how do we handle the hard questions that arise when exercises of religious liberty seem to discriminate unjustly? How do we promote the common good while respecting conscience in a diverse society? This point-counterpoint book brings together leading voices in the culture wars to debate such questions: John Corvino, a longtime LGBT-rights advocate, opposite Ryan T. Anderson and Sherif Girgis, prominent young defenders of the traditional view of marriage. Many such questions have arisen in response to same-sex marriage: How should we treat county clerks who do not wish to authorize such marriages, for example; or bakers, florists, and photographers who do not wish to provide services for same-sex weddings? But the conflicts are not limited to the LGBT-rights arena. And they implicate age-old questions about the role of government, the value of religion, and the challenges of living in a diverse and free society. The differences between Corvino and Anderson-Girgis, though nuanced, run deep. The debate between them is an important contribution to discussions about why religious liberty matters and what respecting it requires.

Uncompromising Activist: Richard Greener, First Black Graduate of Harvard College


Katherine Reynolds Chaddock - 2017
    In 1870, he was the first black graduate of Harvard College. During Reconstruction, he was the first black faculty member at a southern white college, the University of South Carolina. He was even the first black US diplomat to a white country, serving in Vladivostok, Russia. A notable speaker and writer for racial equality, he also served as a dean of the Howard University School of Law and as the administrative head of the Ulysses S. Grant Monument Association. Yet he died in obscurity, his name barely remembered.His black friends and colleagues often looked askance at the light-skinned Greener's ease among whites and sometimes wrongfully accused him of trying to "pass." While he was overseas on a diplomatic mission, Greener's wife and five children stayed in New York City, changed their names, and vanished into white society. Greener never saw them again. At a time when Americans viewed themselves simply as either white or not, Greener lost not only his family but also his sense of clarity about race.Richard Greener's story demonstrates the human realities of racial politics throughout the fight for abolition, the struggle for equal rights, and the backslide into legal segregation. Katherine Reynolds Chaddock has written a long overdue narrative biography about a man, fascinating in his own right, who also exemplified America's discomfiting perspectives on race and skin color. Uncompromising Activist is a lively tale that will interest anyone curious about the human elements of the equal rights struggle.

Laying Down the Law, 10th Edition


R Creyke - 2017
    

Federal Reports on Police Killings: Ferguson, Cleveland, Baltimore, and Chicago


U.S. Department of Justice - 2017
    After a series of incidents in which police officers in Chicago, Cleveland, Baltimore and Ferguson, Missouri, killed four unarmed African Americans--Laquan McDonald, Tamir Rice, Freddie Gray, and Michael Brown--resulting in widespread civic unrest and violent protests, the Department of Justice launched investigations into each incident, including in-depth probes into the police departments behind them.This is the complete and unexpurgated text of their findings.

The Constitution of India: A Contextual Analysis


Arun K. Thiruvengadam - 2017
    It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective.The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution.Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

From Slave Ship to Supermax: Mass Incarceration, Prisoner Abuse, and the New Neo-Slave Novel


Patrick Elliot Alexander - 2017
    prison in late twentieth-century Black fiction. Alexander links representations of prison life in James Baldwin’s novel If Beale Street Could Talk to his engagements with imprisoned intellectuals like George Jackson, who exposed historical continuities between slavery and mass incarceration. Likewise, Alexander reveals how Toni Morrison’s Beloved was informed by Angela Y. Davis’s jail writings on slavery-reminiscent practices in contemporary women’s facilities. Alexander also examines recurring associations between slave ships and prisons in Charles Johnson’s Middle Passage, and connects slavery’s logic of racialized premature death to scenes of death row imprisonment in Ernest Gaines’ A Lesson Before Dying. Alexander ultimately makes the case that contemporary Black novelists depict racial terror as a centuries-spanning social control practice that structured carceral life on slave ships and slave plantations—and that mass-produces prisoners and prisoner abuse in post–Civil Rights America. These authors expand free society’s view of torment confronted and combated in the prison industrial complex, where discriminatory laws and the institutionalization of secrecy have reinstated slavery’s system of dehumanization.

Taxing the Church: Religion, Exemptions, Entanglement, and the Constitution


Edward A Zelinsky - 2017
    This exploration reveals that churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more taxthan many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject -federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes - fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt - general income taxes, value-based property taxes, unemployment taxes - are typically taxes with thegreatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, non-subsidizing goal of minimizing church-state enforcement entanglement and thus beregarded as part of a normative tax base.Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation reasonably make these legal and tax policy trade-offs, though there is room for improvement in particular settings such asthe protection of internal church communications and the expansion of the churches' sales tax liabilities.