They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today.Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity.Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.

    This book introduces the basic elements of contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and, addresses issues that arise in reviewing contracts, including due diligence issues.

    Written by two experts in the field, the book offers the reader and authoritative and comprehensive guide to all aspects of EU law. Though the unique mix of text and cases and materials, the fully revised and updated third edition addresses all recent key developments in legislation, with particular focus on the Treaty of Nice. The structure and format of the chapters have been substantially improved by introducing tools to help navigate throughout the text. In particular, there are new sections on 'central issues, ' which introduce each chapter, summaries that explain complex concepts and legislation and conclusions that draw all themes and analysis together

    Coase has been, even though, as he admits, "most economists have a different way of looking at economic problems and do not share my conception of the nature of our subject." Coase's particular interest has been that part of economic theory that deals with firms, industries, and markets—what is known as price theory or microeconomics. He has always urged his fellow economists to examine the foundations on which their theory exists, and this volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics."These essays bear rereading. Coase's careful attention to actual institutions not only offers deep insight into economics but also provides the best argument for Coase's methodological position. The clarity of the exposition and the elegance of the style also make them a pleasure to read and a model worthy of emulation."—Lewis A. Kornhauser, Journal of Economic LiteratureRonald H. Coase was awarded the Nobel Prize in Economic Science in 1991.

    Taking an international perspective, and focusing on highly topical issues such as torture, arbitrary detention, privacy, health, and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue. Looking at the philosophical justification for rights, the historical origins of human rights and how they are formed in law, Andrew Clapham explains what our human rights actually are, what they might be, and where the human rights movement is heading.

    Now he offers a profound understanding of how we create a social reality--a reality of money, property, governments, marriages, stock markets and cocktail parties. The paradox he addresses in Making the Social World is that these facts only exist because we think they exist and yet they have an objective existence. Continuing a line of investigation begun in his earlier book The Construction of Social Reality, Searle identifies the precise role of language in the creation of all "institutional facts." His aim is to show how mind, language and civilization are natural products of the basic facts of the physical world described by physics, chemistry and biology. Searle explains how a single linguistic operation, repeated over and over, is used to create and maintain the elaborate structures of human social institutions. These institutions serve to create and distribute power relations that are pervasive and often invisible. These power relations motivate human actions in a way that provides the glue that holds human civilization together. Searle then applies the account to show how it relates to human rationality, the freedom of the will, the nature of political power and the existence of universal human rights. In the course of his explication, he asks whether robots can have institutions, why the threat of force so often lies behind institutions, and he denies that there can be such a thing as a "state of nature" for language-using human beings.

    This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.

    Long after the passage of civil rights laws and now the inauguration of our first black president, blacks and Latinos possess barely a nickel of wealth for every dollar that whites have. Why have we made so little progress? Legal scholar Daria Roithmayr provocatively argues that racial inequality lives on because white advantage functions as a powerful self-reinforcing monopoly, reproducing itself automatically from generation to generation even in the absence of intentional discrimination. Drawing on work in antitrust law and a range of other disciplines, Roithmayr brilliantly compares the dynamics of white advantage to the unfair tactics of giants like AT&T and Microsoft. With penetrating insight, Roithmayr locates the engine of white monopoly in positive feedback loops that connect the dramatic disparity of Jim Crow to modern racial gaps in jobs, housing and education. Wealthy white neighborhoods fund public schools that then turn out wealthy white neighbors. Whites with lucrative jobs informally refer their friends, who refer their friends, and so on. Roithmayr concludes that racial inequality might now be locked in place, unless policymakers immediately take drastic steps to dismantle this oppressive system. Daria Roithmayr is the George T. and Harriet E. Pfleger Professor of Law at the University of Southern California Gould School of Law. An internationally acclaimed legal scholar and activist, she is one of the country’s leading voices on the legal analysis of structural racial inequality. Prior to joining USC, Professor Roithmayr advised Senator Edward Kennedy on the nominations of Clarence Thomas and David Souter, and taught law at the University of Illinois.

    Fortunately, the ability to read law well (quickly and accurately) is a skill that can be acquired through knowledge and practice. The sooner the student masters these skills, the greater the rewards. Using seven specific reading strategies, reinforced with hands-on exercises at the end of each chapter, this book shows students how they can read law efficiently, effectively, powerfully, and confidently. Reading Like a Lawyer is divided into 3 parts: * Part I introduces the reader to the fundamentals of legal reasoning upon which law-based reading builds; * Part II introduces the reader to concrete strategies for reading effectively in law school; * and Part III teaches strategies for reading law outside of the law school context.

    Particularly suitable for students of secondary-school level, it is also a handy dictionary for the home and office. It covers all the words you need for everyday use, and has excellent coverage of curriculum vocabulary. For the new edition the definitions are clearer than ever before and there is lots of help with those aspects of the language (such as spelling, pronunciation, and usage) which cause most difficulties.In particular, there are hundreds of new spelling notes to help with tricky words that are commonly misspelled, extra usage notes giving advice on good English, and more help with pronunciations of difficult words. A new open design ensures that this dictionary is even more accessible and easier to use than ever before.

    When it collapsed in February 2014, lawyers across Canada and the business community were stunned. What went wrong? Why did so many lawyers run for the exit? How did it implode? What is it that holds professional partnerships together?This is the story of the rise and fall of a great company by the ultimate insider, Norman Bacal, who served as managing partner until a year before the firm's demise. Breakdown takes readers into the boardroom offices during the heady growth of a legal empire built from the ground up over 40 years. We see how after a change of leadership tensions erupted between the Toronto and Montreal offices, and between the hard-driving lawyers themselves. It is a story about the extraordinary fragility of the legal partnership, but it's also a classic business story, a cautionary tale of the perils of ignoring a firm's culture and vision.Normal0falsefalsefalseEN-USJAX-NONE<!--StartFragment--><!--EndFragment--><!--EndFragment-->

    Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.'In this lucid and timely book, Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.

    It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them.In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children.Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

    The Canadian Constitution makes Canada’s Constitution readily accessible to readers for the first time. It includes the complete text of the Constitution Acts of 1867 and 1982 as well as a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution also explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases.Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution as well as fascinating facts about the Supreme Court and the Constitution that have never been published before. This book is a great primer for those coming to Canada’s Constitution for the first time as well as a useful reference work for students and scholars.

    Blue Families identifies a new family model geared for the post-industrial economy. Rooted in the urban middle class, the coasts and the "blue states" in the last three presidential elections, the Blue Family Paradigm emphasizes the importance of women's as well as men's workforce participation, egalitarian gender roles, and the delay of family formation until both parents are emotionally and financially ready. By contrast, the Red Family Paradigm--associated with the Bible Belt, the mountain west, and rural America--rejects these new family norms, viewing the change in moral and sexual values as a crisis. In this world, the prospect of teen childbirth is the necessary deterrent to premarital sex, marriage is a sacred undertaking between a man and a woman, and divorce is society's greatest moral challenge. Yet, the changing economy is rapidly eliminating the stable, blue collar jobs that have historically supported young families, and early marriage and childbearing derail the education needed to prosper. The result is that the areas of the country most committed to traditional values have the highest divorce and teen pregnancy rates, fueling greater calls to reinstill traditional values.Featuring the groundbreaking research first hailed in The New Yorker, this penetrating book will transform our understanding of contemporary American culture and law. The authors show how the Red-Blue divide goes much deeper than this value system conflict--the Red States have increasingly said "no" to Blue State legal norms, and, as a result, family law has been rent in two. The authors close with a consideration of where these different family systems still overlap, and suggest solutions that permit rebuilding support for both types of families in changing economic circumstances.Incorporating results from the 2008 election, Red Families v. Blue Families will reshape the debate surrounding the culture wars and the emergence of red and blue America.