Longtime users will recognize these distinctive characteristics of the casebook: - multi-disciplinary approach that utilizes a variety of critical and social perspectives to explore constitutional law - extensive textual summaries of the state of the law and its development - comprehensive book ideal for a two-semester course - clear and concise coverage of First Amendment law The Fifth Edition reflects recent developments and class experience: - issues of constitutional obligation and constitutionalism in times of crisis incorporated into the opening chapter - reorganization of materials on the powers of Congress, with the materials on other powers of congress separated into a new Chapter 3 - completely updated chapter on the Distribution of National Powers, with new material growing out of the war on terrorism and its implications for free speech, immigration, naturalization, privacy, and due process, as well as enemy combatant controversies - notes are shortened, simplified, and thoroughly updated

    Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

    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.

    District Court for the District of Massachusetts. But in the 1970s, when she was one of few women in a stubbornly male profession, she sported bright red suits that reflected her fearless choice of cases and her daring litigation tactics. Defending clients in some of the most prominent criminal and civil rights cases of the time, Gertner drove home the point that women lawyers belonged in our courtrooms.In 1975, Nancy Gertner launched her legal career by defending antiwar activist Susan Saxe, who was on trial for her role in a robbery that resulted in the murder of a police officer. It was a high-profile, complex, and highly charged case. What followed for Gertner was a career of other groundbreaking firsts, as she fought her way through the boys' club climate of the time, throwing herself into criminal and civil cases focused on women's rights and civil liberties.Looking back on her storied career, Gertner writes about her struggle to succeed personally and professionally while working on benchmark cases. Among her clients were a woman suing the psychiatrist who had repeatedly molested her; another on trial for murdering her abusive husband; Teresa Contardo, suing Merrill Lynch for discrimination; and Clare Dalton, suing Harvard Law School for the same offense. In her signature red suit, Nancy Gertner was always the unrepentant advocate in defense of women. But over the years she also represented a student accused of rape; Ted Anzalone, on trial for extortion; and Matthew Stuart, implicated in his brother Charles's infamous murder of his pregnant wife. In Defense of Women is the one-of-a-kind memoir of an exceptional, self-proclaimed "outsider lawyer."

    The Essential Scalia presents Justice Scalia on his own terms, allowing readers to understand the reasoning and insights that made him one of the most consequential jurists in American history. Known for his forceful intellect and remarkable wit, Scalia mastered the art of writing in a way that both educated and entertained. This comprehensive collection draws from the best of Scalia’s opinions, essays, speeches, and testimony to paint a complete and nuanced portrait of his jurisprudence. This compendium addresses the hot-button issues of the times, from abortion and the right to bear arms to marriage, free speech, religious liberty, and so much more. It also presents the justice’s wise insights on perennial debates over the structure of government created by our Constitution and the proper methods for interpreting our laws. Brilliant and passionately argued, The Essential Scalia is an indispensable resource for anyone who wants to understand our Constitution, the American legal system, and one of our nation’s most influential and highly regarded jurists and thinkers.

    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.

    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

    Written in a humorous and engaging style, this pocket-sized ready-reckoner is easy to read with the text presented in easily absorbable sections. The author steers the reader through the key principles and practical applications of advocacy, step by step in a clear and logical manner.

    This might not be the only LSAT book you read, but it should definitely be the first. In his down-to-earth, often irreverent style, Nathan demystifies the confusing world of logic games, logical reasoning, and reading comprehension. In no time, you'll start to see through the BS and dominate the test. The approaches are easy to digest, and will stick with you when you finally sit down for the big day. No nonsense. No made-up, trademarked buzzwords. No confusing jargon. And best of all, no pulled punches. Plus, you’ll also find out how you can contact Nathan directly with your questions. So grab a pencil and crack this book. Let's get it on.

    But how are lawyers and the judicial system in India perceived today? It is no secret that the very thought of facing the courts in India leaves the common man with a sense of dread and despair; cases drag on interminably, and justice sometimes seems like an afterthought. Who or what is responsible for this situation? Where have we lost our way? It is at times good to see ourselves as others see us, and the picture is not a very flattering one, argues Fali S. Nariman, renowned constitutional expert, practising lawyer and president of the Bar Association of India. In this frank and thought-provoking book, he realistically appraises the performance of those in the profession and what they need to do in the years ahead, and addresses some home truths about our country's legal system.

    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.

    Thwarted in a previous attempt to bring charges for other nefarious crimes, Ms. Battle is determined to put the crime boss behind bars, and this time she has what looks like an airtight case. Claiming he has been framed, Carmine hires the blue blood, Harvard-educated attorney Harrison Fletcher, Jr. who was recently fired from his position as Assistant DA for refusing to compromise his ethics, to help him prove his innocence. Assisted by his beautiful wife and a scruffy, alcohol-loving detective, Harry sets out to discover who set the fire and why. As what really happened that June night becomes clear, evidence begins to disappear. With the defense’s case starting to crumble, Harry devises a way to prove Carmine’s innocence. But will the plan work?

    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.

    When is it still worth it? Law professor Paul Campos answers that question in this book, which gives prospective law students, their families, and current law students the tools they need to make a smart decision about applying to, enrolling in, and remaining in law school. Campos explains how the law school game is won and lost, from the perspective of an insider who has become the most prominent and widely cited critic of the deceptive tactics law schools use to convince the large majority of law students to pay far more for their law degrees than those degrees are worth.DON’T GO TO LAW SCHOOL (UNLESS) reveals which law schools are still worth attending, at what price, and what sorts of legal careers it makes sense to pursue today. It outlines the various economic and psychological traps law students and new lawyers fall into, and how to avoid them. This book is a must-read if you or someone you care about is considering law school, or wondering whether to stay enrolled in one now.

    Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to steal the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case inthe book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.