v. Darue Engineering & Manufacturing and Exxon-Mobil Corporation v. Allapattah Services, Inc.- a new chapter on Federal Rule 15 (Amendments to Pleadings), including amendments as of right, the relation back of amendments, and the confusing provision for amendments adding claims against new parties- citations reflecting the most current law throughout the book, which has been entirely updated

    It is authoritative, current, highly readable, and widely used at law schools throughout the nation. Coverage focuses on the basic elements of, and defenses to, specific crimes, such as homicide, rape, and theft, as well as group criminality and inchoate liability. The common law is emphasized, with extensive comparisons to the Model Penal Code and thoughtful examination of the underpinnings of the utilitarian philosophies of substantive criminal law. The text encourages students to consider the approach these philosophies would take to a particular matter under discussion, thus providing an excellent learning tool for gaining a firm understanding of how our criminal justice system works.

    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)

    Ideal for anyone who wants to read a great work for the first time or revisit an old favorite, these new editions open the door to the stories and ideas that have shaped our world.

    This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.

    Drafted by Thomas Jefferson, the Declaration set forth the terms of a new form of government with the following words: "We hold these Truths to be self-evident, that all men are created equal, that they are endowed with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness."Framed in 1787 and in effect since March 1789, the Constitution of the United States of America fulfilled the promise of the Declaration by establishing a republican form of government with separate executive, legislative, and judicial branches. The first ten amendments, known as the Bill of Rights, became part of the Constitution on December 15, 1791. Among the rights guaranteed by these amendments are freedom of speech, freedom of the press, freedom of religion, and the right to trial by jury. Written so that it could be adapted to endure for years to come, the Constitution has been amended only seventeen times since 1791 and has lasted longer than any other written form of government.

    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

    After finding that her child is diagnosed with leukemia, Anne Anderson notices a high prevalence of leukemia, a relatively rare disease, in her city. Eventually she gathers other families and seeks a lawyer, Jan Schlichtmann, to consider their options.Schlichtmann originally decides not to take the case due to both the lack of evidence and a clear defendant. Later picking up the case, Schlichtmann finds evidence suggesting trichloroethylene (TCE) contamination of the town's water supply by Riley Tannery, a subsidiary of Beatrice Foods; a chemical company, W. R. Grace; and another company named Unifirst.In the course of the lawsuit Schlichtmann gets other attorneys to assist him. He spends lavishly as he had in his prior lawsuits, but the length of the discovery process and trial stretch all of their assets to their limit.

    It was one of the deadliest floods in U.S. history. 125 people were killed instantly, more than 1,000 were injured, and over 4,000 were suddenly homeless. Instead of accepting the small settlements offered by the coal company's insurance offices, a few hundred of the survivors banded together to sue. This is the story of their triumph over incredible odds and corporate irresponsibility, as told by Gerald M. Stern, who as a young lawyer and took on the case and won. "From the Trade Paperback edition."

    In a balanced treatment of the Court's power and curbs on its power, O'Brien (government and foreign affairs, U. of Virginia) expands discussion of how changes in the Court's compos

    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

    Alexis de Tocqueville, a young French aristocrat, came to the young nation to investigate the functioning of American democracy & the social, political & economic life of its citizens, publishing his observations in 1835 & 1840. Brilliantly written, vividly illustrated with vignettes & portraits, Democracy in America is far more than a trenchant analysis of one society at a particular point in time. What will most intrigue modern readers is how many of the observations still hold true: on the mixed advantages of a free press, the strained relations among the races & the threats posed to democracies by consumerism & corruption. So uncanny is Tocqueville’s insight & so accurate are his predictions, that it seems as tho he were not merely describing the American identity but actually helping to create it.

    Incisive, entertaining, and occasionally controversial, this “biography” of America’s framing document explains not only what the Constitution says but also why the Constitution says it. We all know this much: the Constitution is neither immutable nor perfect. Amar shows us how the story of this one relatively compact document reflects the story of America more generally. (For example, much of the Constitution, including the glorious-sounding “We the People,” was lifted from existing American legal texts, including early state constitutions.) In short, the Constitution was as much a product of its environment as it was a product of its individual creators’ inspired genius.Despite the Constitution’s flaws, its role in guiding our republic has been nothing short of amazing. Skillfully placing the document in the context of late-eighteenth-century American politics, America’s Constitution explains, for instance, whether there is anything in the Constitution that is unamendable; the reason America adopted an electoral college; why a president must be at least thirty-five years old; and why–for now, at least–only those citizens who were born under the American flag can become president. From his unique perspective, Amar also gives us unconventional wisdom about the Constitution and its significance throughout the nation’s history. For one thing, we see that the Constitution has been far more democratic than is conventionally understood. Even though the document was drafted by white landholders, a remarkably large number of citizens (by the standards of 1787) were allowed to vote up or down on it, and the document’s later amendments eventually extended the vote to virtually all Americans. We also learn that the Founders’ Constitution was far more slavocratic than many would acknowledge: the “three fifths” clause gave the South extra political clout for every slave it owned or acquired. As a result, slaveholding Virginians held the presidency all but four of the Republic’s first thirty-six years, and proslavery forces eventually came to dominate much of the federal government prior to Lincoln’s election.Ambitious, even-handed, eminently accessible, and often surprising, America’s Constitution is an indispensable work, bound to become a standard reference for any student of history and all citizens of the United States.

    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