These distinctive characteristics earned the book its reputation for effectiveness: - highly respected author, whose best-selling Civil Procedure: Examples & Explanations has been a lifesaver for first-year students- uniquely entertaining writing style that captures and holds student interest- coverage of the standard topics from most Torts courses -- intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct- three-chapter section on Taking a Torts Essay Exam supplies guidance, tips, and sample exam questions and answersThe Third Edition introduces important material: - two new chapters on Products Liability, one on theories of recovery in strict products liability cases and one on common defenses to strict products liability claims- completely updated text, with citations reflecting the most current law

    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 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."

    In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world.She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel.Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers.Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.

    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.

    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

    After all, the First Amendment proudly proclaims that Congress can make no law abridging the freedom of speech. But well into the twentieth century, that right was still an unfulfilled promise, with Americans regularly imprisoned merely for protesting government policies. Indeed, our current understanding of free speech comes less from the First Amendment itself than from a most unlikely man: the Supreme Court justice Oliver Wendell Holmes. A lifelong conservative, he disdained all individual rights. Yet in 1919, it was Holmes who wrote a court opinion that became a canonical statement for free speech as we know it.Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and memos, the law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech skeptic to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.

    The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

    Forrest McDonald, widely considered one of the foremost historians of the Constitution and of the early national period, reconstructs the intellectual world of the Founding Fathers--including their understanding of law, history political philosophy, and political economy, and their firsthand experience in public affairs--and then analyzes their behavior in the Constitutional Convention of 1787 in light of that world. No one has attempted to do so on such a scale before. McDonald's principal conclusion is that, though the Framers brought a variety of ideological and philosophical positions to bear upon their task of building a "new order of the ages," they were guided primarily by their own experience, their wisdom, and their common sense."A witty and energetic study of the ideas and passions of the Framers."-- New York Times Book Review "Bristles with wit and intellectual energy."-- Christian Science Monitor "A masterpiece. McDonald's status as an interpreter of the Constitution is unequalled--magisterial."-- National Review

    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.

    In modern democratic societies, legislative bodies increasingly usurp functions that were, and should be, exercised by individuals or groups rather than government.Bruno Leoni (1913–1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

    Goldsmith took the job in October 2003 and began to review the work of his predecessors. Their opinions were the legal framework governing the conduct of the military and intelligence agencies in the war on terror, and he found many—especially those regulating the treatment and interrogation of prisoners—that were deeply flawed.Goldsmith is a conservative lawyer who understands the imperative of averting another 9/11. But his unflinching insistence that we abide by the law put him on a collision course with powerful figures in the administration. Goldsmith's fascinating analysis of parallel legal crises in the Lincoln and Roosevelt administrations shows why Bush's apparent indifference to human rights has damaged his presidency and, perhaps, his standing in history.

    Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works. With supporting documents available on http://volokh.com/writing, the book helps law students and everyone else involved in academic legal writing: professors save time and effort communicating basic points to students; law schools satisfy the American Bar Association's second- and third-year writing requirements; and law reviews receive better notes from their staff.

    For some, nothing will ever be the same again.The Story:In an attempt to escape from his past and start a new life, Andrew Jardine moves to London in July 2005 and moves in with his best friend Guy.But when out one night in London, Andrew accidentally sees Guy's new girlfriend, Sal, intimately kissing another man. Knowing that Guy thinks Sal is 'the one', Andrew is now faced with a terrible dilemma: does he tell Guy what he has seen, or does he ignore what he saw?But before Andrew can make up his mind what to do, the train Sal is commuting to work on is blown up by the terrorist bombs of the 7th July 2005. Suddenly everything changes. Sal is left in a coma on the edge of life, and in the aftermath of the explosions, Andrew is thrust into the centre of a complex web of relationships where the lives and happiness of those closest to him suddenly become dependent upon him making the right set of choices.Who is the girl in the coma, really? What is the truth behind her illicit encounter with the stranger in a night club? Should he tell his best friend the truth? Or should he let nature and events take their own course?While struggling with his conscience in an effort to decide what decisions he should make, Andrew meets a beautiful doctor from Slovakia, and he begins to fall in love.But can he trust her? What is the truth behind her past, and her feelings for Andrew?Then, just when events seem to be coming to a happy conclusion, Andrew discovers that everything in his life is based upon a set of lies, and his world falls apart.What is the real truth behind Andrew's past? And where does his future lie?Set against the backdrop of London in 2005, this is a tale of our time.The Sleeping Truth starts slowly, builds steadily, and then speeds on to an unexpected and emotional conclusion!Reviews from Amazon for "Marrying Slovakia":"One of the most engaging books that I have ever read.So different from the "run of the mill" productions.""I think I went through every emotion possible and wished the story could just go on and on and on. If you buy this book you will not be disappointed.""An interesting, informative and good novel. I am now looking forward to reading another of his books.""I loved it but had difficulty reading the last couple of paragraphs, Why? My eyes were brimming with tears and my heart was jumping about all over the place. Delighted to say they were happy tears!!!!!!!!!! Loved it and can't wait to start my next Ian P C Irvine novel."