This thorough treatment of constitutional law focuses on three core areas -- The Judicial Function in Constitutional Cases, The Structure of Government, and Individual Rights. The new edition has been updated to include recent major Supreme Court decisions, as well as expanded materials on executive power, military tribunals and separation of powers in the war on terrorism.

    What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are more science than art, says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the Why Should I Care? technique). Arguing against allowing the FCC to continue fining broadcasters that let the F-word slip out, she highlights the chilling effect these fines have on America's radio and TV stations, discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture. Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--Brass Tacks, Talk to Yourself, Russian Doll--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.

     It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.    To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.From the Hardcover edition.

    But not anymore.

    The perfect gift for anyone who ever entered law school, it defines the responsibilities of the legal profession from one of law's greatest practitioners.

    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.

    

    It argues, among other things, that the best decision in a case is not always the best legal decision.

    This Tenth Edition refines and builds upon traditions established when the book was first introduced: authoritative content blended with cutting-edge coverage of contemporary topics and cases and an unmatched selection of innovative, high-quality support materials.

    Written in his disarming, conversational style, & full of refreshingly relevant views on capital punishment, civil liberties & the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.

    To give your students a full understanding of challenging concepts, require or recommend CONTRACTS: Examples and Explanations, Third Edition for your next course.

    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

    The Official LSAT SuperPrep

    So you want to know how to compose the winning arguent? How to prepare it? Deliver it? Spense believes that argument begins with the person, and that to argue successfully one must accomplish more than mere teechnique. He maintains that success in arguments, as in life, is a derivative of personal growth, of discoverring who we are, and embracing the uniqueness that is individual to each of us. The Laws of Arguing According to Gerry Spence1. Everyone is capable of making the winning aargument.2. Winning is getting what we want, which also means helping "others" get what they want.3. Learn that words are a weapon, and can be used hostilely in combat.4. Know that there is always a "biological advantage" of delivering the TRUTH.5. Assault is not argument.6. Use fear as an ally in pubic speaking or in argument. Learn to convert its energy.7. Let emotions show and don't discourage passion.8. Don't be blinded by brilliance.9. Learn to speak with the body. The body sometimes speaks more powerfully than words. 10 Know that the enemy is not the person with whom we are engaged in a failing argument, but the vision within ourselves

    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