Throughout, the emphasis is on common, real-life work situations, including hiring, managing, assessing performance, disciplining, firing, and providing incentives for staff, as well as producing quality products and services, and dealing effectively and fairly with customers, vendors, and other stakeholders. Highlights of the Fourth Edition * Updated information relates content to current events such as the U.S. Sentencing Guidelines for Corporations. * Describes the link between ethical culture and employee engagement. * Covers new research, including the role of emotions in ethical decision making. * Presents new profiles of organizations such as McWane, Enron, Citigroup, and Marsh & McLennan. * International references reflect the realities of the increasingly global business environment.

    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.

    a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3 The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland. 'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year'[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books'Compelling ... a remarkable story, told with great style' Irish Times'Authoritative, well-written and highly entertaining' Sunday TimesThe work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives.Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world.The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail.The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state.Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.

    He was the most formidable advocate of the 1960s and '70s and he had a marvellous sense of mischief' Geoffrey RobertsonBorn in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history.Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain.Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life.To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpvYou can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m

    It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.

    But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times

    After a brilliant academic career, he quickly became one of India's most sought after lawyers and remained at center stage for five decades. Famous for his phenomenal power of concentration and persuasive advocacy, he was a supremely successful lawyer. Early in his career, he authored one of the finest commentaries on the law and practice of income tax. His reputation as a constitutional lawyer is deservedly formidable. Between 1965 and 1995, he argued nearly all important constitutional law cases before the Supreme Court of India: Golak Nath, Bank Nationalization, Privy Purses, Kesavananda Bharati, St. Xavier's, Mandal Commission and the Election Commission matter. Palkhivala also represented India in three major international disputes. A man of many parts and strong opinions, he gave critical lectures on the annual budget, which attracted audiences in excess of 1,00,000. Amazingly, he never referred to a single note. An extraordinary human being, he gave generously, but quietly, to charitable causes.This book chronicles Palkhivala's journey as a lawyer and discusses the important cases in which he appeared and that changed the destiny of the country. The book provides a rare insight into his working methods and style of advocacy. No student of law, no lawyer, no chartered accountant, no member of the judiciary and no well-informed citizen can afford to miss reading this book.

    16 pages of photos.

    Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

    If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.  For more information, go to toolsofargument.com.

    The Band of Brothers had been deployed to the most violent places in Iraq, and some of the soldiers were suffering from what they had seen and done in combat. Without much time to recover, they were sent back to the front lines. After their second tour of duty, the battalion was renamed the Lethal Warriors, and, true to their name, the soldiers once again brought the violence home.Lethal Warriors brings to life the chilling true stories of these veterans—from their enlistment and multiple tours of duty to their struggles with ptsd and their failure to reintegrate in society. With piercing insight and employing his relentless investigative skills, journalist David Philipps shines a light not only to this particular unit, but also to the painful reality of ptsd as it rages throughout the country.By exploring the evolving the science and the stigma of war trauma throughout history—from "shell shock" to "battle fatigue" to "combat stress injuries"—Philipps shows that this problem has always existed and that, as the nature of warfare changes, it is only getting worse. In highlighting the inspiring stories of the resilient men and women in the armed forces who have the courage to confront the issue and offer a potential lifeline to the soldiers, Lethal Warriors challenges us to deal openly, honestly, and intelligently with the true costs of war.

    Posner's "Law and Literature" has handily lived up to the "Washington Post's" prediction that the book would "remain essential reading for many years to come." This new edition, extensively revised and enlarged, continues to emphasize the essential differences between law and literature, which are rooted in the different social functions of legal and literary texts. But it also explores areas of mutual illumination and expands its range to include new topics such as popular fiction about law, literary education for lawyers, the legal narrative movement, and judicial biography.Literary works from classics by Sophocles, Shakespeare, Dostoevsky, Melville, Kafka, and Camus to contemporary fiction by William Gaddis, Tom Wolfe, and John Grisham come under Posner's scrutiny, as do recent attempts to apply the techniques of literary analysis to statutes, judicial opinions, and the Constitution. In a section entirely new in this edition, Posner discusses the increasing efforts of legal scholars to enrich their scholarship by borrowing the methods and insights of literature--even by insisting that legal education is incomplete without the ethical insights afforded by an immersion in literature.Thoroughly rewritten and updated, free of legal and literary jargon, and informed by Posner's extensive erudition and legal experience, this book remains the most clear, acute, and comprehensive account of the intersection of law and literature--"a wonderfully original and instructive study of what literature has to teach us about the law, the methods of legal argument, and the interpretation of statutes and the Constitution" ("Wall Street Journal").

    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.

    Bowen evokes it as if the reader were actually there, mingling with the delegates, hearing their arguments, witnessing a dramatic moment in history.Here is the fascinating record of the hot, sultry summer months of debate and decision when ideas clashed and tempers flared. Here is the country as it was then, described by contemporaries, by Berkshire farmers in Massachusetts, by Patrick Henry's Kentucky allies, by French and English travelers. Here, too, are the offstage voices--Thomas Jefferson and Tom Paine and John Adams from Europe. In all, fifty-five men attended; and in spite of the heat, in spite of clashing interests--the big states against the little, the slave states against the anti-slave states--in tension and anxiety that mounted week after week, they wrote out a working plan of government and put their signatures to it.

    To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart. Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future. “This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our public and private selves as convincing to the spirit as it is to the mind.” -Adam Haslett, author of You Are Not A Stranger Here“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.” -Amy Chua, author of World on Fire“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present, why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for human rights.” -Carol Gilligan, author of In a Different Voice