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 uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.

    Together the chapters illustrate how economic theory and rigorous empirical analysis can shed light on some of the most important issues in social science and public policy namely, under what circumstances individuals break the law and how sanctions can be structured to most effectively prevent such behavior. This book will be an excellent resource for graduate students and researchers not only in economics, but in other social sciences as well. Brian A. Jacob, Harvard University, US This is a superb collection of one of the most important literatures in law and economics. The editors, two of the most productive and gifted scholars in this area, not only show the important historical evolution of the theoretical issues stemming from the seminal article by Gary Becker, but they also give a survey of the leading empirical works on the most salient issues in criminal justice. The editors introduction is a deft summary of one of the most significant contributions that economic analysis has made to the study of law. Thomas S. Ulen, University of Illinois, Urbana-Champaign, US The volume presents the seminal articles in the economic analysis of the criminal law. The articles include the path-breaking theoretical economic analyses of criminal behavior and the leading empirical tests of these theories. The volume also contains the most prominent economic analyses of the substantive doctrines of criminal law and criminal procedure. Other articles present influential applications of economic concepts and evidence to perennial issues in criminal law and criminal justice, such as gun control, drug prohibition, and sentencing policy. An introduction by the volume editors provides a comprehensive overview of the works included. Economics of Criminal Law will be an essential source of reference for scholars, graduate students in both law and in economics, and practitioners.

    Author Jay G Foonberg, now in his fifth decade of practicing law, has always been dedicated to giving other lawyers the benefit of his wealth of experience. This Platinum Fifth Edition is packed with over 600 pages of guidance on identifying the right location, finding clients, setting fees, managing your office, maintaining an ethical and responsible practice, maximizing available resources, upholding your standards, and much more. If you're committed to starting--and growing-- your own practice, this one book will give you the expert advice you need to make it succeed. More than 100,000 lawyers have turned to Jay Foonberg for the secrets to running a successful law firm; now you can, too, with the new Platinum Fifth Edition. Jay Foonberg has organized the book into short, easy-to-read chapters that deal with all the specific challenges you will encounter when you open your office. The answers you'll get are realistic, practical, and based on real-life experience. You'll find a wealth of tips that can improve your practice once it is up and running, as well as dozens of time-saving templates and checklists. In addition, there is all-new material for this edition, covering topics including: �New opportunities for serving senior clients and the growth of elder law �E-mail and the Internet �Law firm mergers and dissolutions �The increasing size of student loans �Opportunities created by an aging population �Nonlawyer consultants �The globalization of legal practice �When and how to safely close and destroy files �The aggressive marketing being done now by firms of all sizes �And much more! Even if you already have an established practice, you are sure to find information that will help you compete and succeed. This is the one book you'll need to build and grow your practice.

    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.

    He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

    This long-time leading course book is an invaluable source for prospective trial lawyers, presenting: - a best-selling author renowned for his skills both as a writer and litigator - a clear, engaging writing style that breaks the trial process down into its critical components for more thorough and efficient comprehension - excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more - an appendix containing the Federal Rules of Evidence for easy reference

    Stirring speeches to rapt juries, triumphant press interviews and enormous fees paid by grateful clients. He can see it all. But unfortunately, he has reckoned without Judge 'Bonkers' Clarke, The Honourable Mr 'Sourpuss' Boniface and a range of other equally terrifying, grumpy and borderline insane judges - not to mention tricky solicitors, bent coppers and dodgy defendants.

    There followed a sequence of extraordinary events that led to David being prosecuted and convicted for the patient’s death and sent to prison. His licence to practise medicine was suspended, his career cut short. Events that took place later showed that this was an unfair trial with tinges of racism, and he won an appeal against his conviction and is now a free man. But the damage had already been done. This book tells his extraordinary story for the first time, in his own words.

    Brandeis was “the Jewish Jefferson,” the greatest critic of what he called “the curse of bigness,” in business and government, since the author of the Declaration of Independence. Published to commemorate the hundredth anniversary of his Supreme Court confirmation on June 1, 1916, Louis D. Brandeis: American Prophet argues that Brandeis was the most farseeing constitutional philosopher of the twentieth century. In addition to writing the most famous article on the right to privacy, he also wrote the most important Supreme Court opinions about free speech, freedom from government surveillance, and freedom of thought and opinion. And as the leader of the American Zionist movement, he convinced Woodrow Wilson and the British government to recognize a Jewish homeland in Palestine. Combining narrative biography with a passionate argument for why Brandeis matters today, Rosen explores what Brandeis, the Jeffersonian prophet, can teach us about historic and contemporary questions involving the Constitution, monopoly, corporate and federal power, technology, privacy, free speech, and Zionism.

     Dean Wilder makes sure of it. The daughter of a United States Senator is found brutally murdered in a quiet park, and an ex-professional basketball player is accused. In the series debut, criminal defense lawyer Dean Wilder can't resist the chance to represent someone who is as crazy as anyone can be without being criminally insane. A defense lawyer with a conscience, Wilder steps into the case knowing the trouble will run deep. Politicians, lawyers, psychologists, and crooked cops push Wilder to the edge. Under mounting media pressure, can Wilder find the real killer before he strikes again? Smart and witty, this legal thriller will take you for a ride through the courtroom, and leave you with twists and turns that you didn’t see coming.

    It essentially answers the questions, What s the first year of law school really like and how can I make the most of it? Readers learn what to expect, when to expect it, and how to respond to it. Other how to succeed in law school books exist, but 1L of a Ride is the only book that: Addresses each aspect of academic success, including the top five habits of successful law students, effective class participation, how to interact with professors, case-briefing, note-taking, outlining, exam preparation, and essay and multiple-choice exam strategies. Includes both a professor and student perspective, with comments from real law students as they progressed through their first year from beginning to end. Features authentic samples of Socratic dialogue, student case briefs, student class notes, and exam questions and answers. Focuses on practical advice that can be followed by any student from day one. Employs a lively first-person voice, humor, and dozens of anecdotes to bring the advice to life. Relies on educational research to back up advice. Includes input from other law professors, including an interview with five professors of Legal Writing, the course that causes the most angst and complaints from first-year students. Provides up-to-date advice in step with the changing landscape of U.S. legal education, including coverage of technology issues relevant to law students.

    This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history.

    In this now classic work, Russell Kirk describes the beliefs and institutions that have nurtured the American soul and commonwealth of the United States.

    This controversial, convincing, and highly original book is important reading for everyone concerned about the origins, present, and future of the American experiment in self-government.