Rumsfeld (executive power to detain enemy combatants), Nevada Department of Human Resources v. Hibbs and Tennessee v. Lane (sovereign immunity), Gonzales v. Raich (Congress's ability to prohibit possession and cultivation of marijuana for medicinal purposes), Kelo v. City of New London (takings clause), Grutter v. Bollinger and Gratz v. Bollinger (equal protection), Lawrence v. Texas (sexual privacy), and Zelman v. Simmons-Harris (vouchers)

    Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.

    Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion.Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning.Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

    The new edition of this book, which proved very popular when first published in 2007, provides a 'taster' for the study of law; a short, accessible presentation of law as an academic subject, designed to help 17- and 18-year old students and others decide whether law is the right choice for them as a university subject, or, if they have already made the choice, what to expect when they start their law degree. It helps answer the question 'what should I study at university?' and counters the perception that law is a dry, dull subject. What About Law? shows how the study of law can be fun, intellectually stimulating, challenging and of direct relevance to students. Using a case study approach, the book introduces prospective law students to the legal system, as well as to legal reasoning, critical thinking and argument.This is a book that should be in the library of every school with a sixth form, every college and every university, and it is one that any student about to embark on the study of law should read before they commence their legal studies.All of the authors have long experience in teaching law at Cambridge and elsewhere and all have also been involved, at various times, in advising prospective law students at open days and admissions conferences.Listed as one of the 'Six of the best law books' that a future law student should read by the Guardian Law Online, 8th August 2012.See the detailed website for this book: www.whataboutlaw.co.uk.

    A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

    Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.

    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.

    Supreme Court’s epochal decision outlawing racial segregation and the centerpiece of African-Americans’ ongoing crusade for equal justice under law.The 1954 Supreme Court ruling in the case of Brown v. Board of Education brought centuries of legal segregation in this country to an end. It was and remains, beyond question, one of the truly significant events in American history, “probably the most important American government act of any kind since the Emancipation Proclamation,” in the view of constitutional scholar Louis H. Pollak. The Brown decision climaxed a long, torturous battle for black equality in education, making hard law out of vague principles and opening the way for the broad civil rights upheavals of the 1960s and beyond.Simple Justice is the story of that battle. Richard Kluger traces the background of the epochal decision, from its remote legal and cultural roots to the complex personalities of those who brought about its realization. The result is a landmark work of popular history, graceful and fascinatingly detailed, the panoramic account of a struggle for human dignity in process since the birth of the nation.Here is the human drama, told in all its dimensions, of the many plaintiffs, men, women, and children, variously scared or defiant but always determined, who made the hard decision to proceed – bucking the white power structure in Topeka, Kansas; braving night riders in rural South Carolina; rallying fellow high school students in strictly segregated Prince Edward County, Virginia – and at a dozen other times and places showing their refusal to accept defeat.Here, too, is the extraordinary tale, told for the first time, of the black legal establishment, forced literally to invent itself before it could join the fight, then patiently assembling, in courtroom after courtroom, a body of law that would serve to free its people from thralldom to unjust laws. Heroes abound, some obscure, like Charles Houston (who built Howard Law School into a rigorous academy for black lawyers) and the Reverend J.A. DeLaine (the minister-teacher who, despite bitter opposition, organized and led the first crucial fight for educational equality in the Jim Crow South), others like Thurgood Marshall, justly famous – but all of whose passionate devotion proved intense enough to match their mission.Reading Simple Justice, we see how black Americans’ groundswell urge for fair treatment collides with the intransigence of white supremacists in a grinding legal campaign that inevitably found its way to the halls and chambers of the Supreme Court for a final showdown. Kluger searches out and analyzes what went on there during the months of hearings and deliberations, often behind closed doors, laying bare the doubts, disagreements, and often deeply held convictions of the nine Justices. He shows above all how Chief Justice Earl Warren, new to the Court but old in the ways of politics, achieved the impossible – a unanimous decision to reverse the 58-year-old false doctrine of “separate but equal” education for blacks. Impeccably researched and elegantly written, this may be the most revealing report ever published of America’s highest court at work.Based on extensive interviews and both published and unpublished documentary sources, Simple Justice has the lineaments of an epic. It will stand as the classic study of a turning point in our history.

    (1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.

    Written in a lively, riveting style, this book has a cast of characters that includes the who’s who of the Indian legal system. It also paints an unexpected picture of the Indian judiciary: the Courts are not always on the right side of history or justice, and they don’t always have the last word on the matters before them. This entertaining book is an incisive look into the functioning of Indian institutions.

    Legal education, which focuses on judicial opinions, not instruments of persuasion, is partly to blame. Yet forceful writing is one of the most potent weapons of legal advocacy. In Writing to Win, Steve Stark, a former teacher of writing at Harvard Law, who has taught thousands of aspiring and practicing lawyers, has written the only book on the market that applies the universal principles of vigorous prose to the job of making a case--and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life writing--as well as models drawn from advertising, journalism, and fiction. It deals with the problems lawyers face in writing, from organization to strengthening and editing prose; teaches ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their practice, from memos and letters to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.No other legal writing book on the market is as practical, as focused on results, as well written as Writing to Win.

    Now, for the first time, best-selling author Evan Thomas takes us into the courtrooms of William's greatest performances as he defends "Godfather" Frank Costello, Jimmy Hoffa, Frank Sinatra, The Washington Post, and others, as well as behind the scenes where the witnesses are coached, the traps set, and the deals cut.In addition to being a lawyer of unprecedented influence, Williams was also an important Washington insider, privy to the secrets of America's most powerful men. Thomas tells the truth behind the stories that made Williams one of the most talked about public figures of his time, including Williams' role in the publication of the Pentagon Papers and the possibility that Williams may have been Watergate's Deep Throat. Based on Thomas's exclusive access to Williams's papers, "The Man to See" is an unprecedented look at the strategies and influence of this exceptional man.

    It provides a useful guide to those considering a law degree or conversion course and helps students prepare for what can be a daunting first year of study.

    The two lawyers and the judge all have major reasons to worry: Jeri Richards, a newbie judge, is presiding over her first trial concerned she is too inexperienced to handle it. Mike Reigert, the plaintiff’s attorney, must try his biggest case because his client refuses the department store’s huge settlement offers—just to make sure that what they did to her won’t ever happen to anyone else. The company’s attorney, Jack Rogers, is told that he must win this trial or face banishment from his law firm.If that weren’t enough, the three of them have been best friends since their first day of law school. Back then, they were the cream of their law school and thought their legal careers would involve nothing but success . . . . Now, they aren’t so sure. Jeri adored her two friends in law school. They helped her overcome the trauma of almost being raped. After graduating, she prosecuted the scum that preyed on the weak and became the youngest judge in her county. Mike was planning to work in Geneva stopping international terrorism, but his uncle convinced him to help in his small practice in a sleepy town outside of Pittsburgh. Mike itches for more responsibility and finally comes to represent a woman mercilessly chained to a table until she confessed to a crime. Jack craves the big money he would make if he became a partner at his huge law firm, and is willing to do anything to make it happen. Now five years after graduating from law school they are thrown back together on opposite sides of a trial where Mike’s client seeks to regain her life while Jack will not stop to make sure the company prevails.Jeri watches as the battles between her two buddies escalate until she has to intervene to protect the life of one of her friends.

    Mukul Rohatgi was unable to secure a place at the Law Faculty, Delhi University. Rohinton Nariman was trained to become a Parsi priest.Legal Eagles examines the lives and times of India’s top seven lawyers, who fought some of the country’s landmark courtroom battles. Tracing their journey from their childhood days to the present, the book highlights the important milestones of their careers, their victories and failures, their influences, and their work ethic and role models, demonstrating that the path to success is paved with determination, grit and challenges. Journalist Indu Bhan gives a ringside view of the most significant case handled by each of these lawyers, including the Vodafone tax case, Coalgate and the 2G spectrum controversy, among others.