Contracts: Examples & Explanations


Brian A. Blum - 1998
    To give your students a full understanding of challenging concepts, require or recommend CONTRACTS: Examples and Explanations, Third Edition for your next course.

Jeremy Hutchinson's Case Histories: From Lady Chatterley's Lover to Howard Marks


Thomas Grant - 2015
    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

Black's Law: A Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases


Roy Black - 1999
    This book takes us behind the scenes of four difficult and dangerous cases to reveal the legal strategies, no-holds-barred tactics, and courtroom psychology Roy Black used to make sure his clients received every protection promised by the law. Black demonstrates in riveting detail how a defense attorney must investigate criminal cases by sifting through evidence and preparing for trial. (It's like preparing for war.) He shows us how the principles of law, cross-examination, and evidence -- as well as careful jury selection and skillful use of expert witnesses -- can level the playing field to counter the enormous resources that state and federal prosecutors have at their disposal. Black's Law makes resoundingly clear the crucial role that criminal defense lawyers play in safeguarding the basic right to a fair trial for all.

Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case


Stuart Taylor Jr. - 2007
    In this ever-deepening American tragedy, Stuart Taylor Jr. and KC Johnson argue, law enforcement, a campaigning prosecutor, biased journalists, and left-leaning academics repeatedly refused to pursue the truth while scapegoats were made of these young men, recklessly tarnishing their lives. The story harbors multiple dramas, including the actions of a DA running for office; the inappropriate charges that should have been apparent to academics at Duke many months ago; the local and national media, who were so slow to take account of the publicly available evidence; and the appalling reactions of law enforcement, academia, and many black leaders. "Until Proven Innocent "is the only book that covers all five aspects of the case (personal, legal, academic, political, and media) in a comprehensive fashion. Based on interviews with key members of the defense team, many of the unindicted lacrosse players, and Duke officials, it is also the only book to include interviews with all three of the defendants, their families, and their legal teams. Taylor and Johnson's coverage of the Duke case was the earliest, most honest, and most comprehensive in the country, and here they take the idiocies and dishonesty of right- and left-wingers alike head on, shedding new light on the dangers of rogue prosecutors and police and a cultural tendency toward media-fueled travesties of justice. The context of the Duke case has vast import and contains likable heroes, unfortunate victims, and memorable villains--and in its full telling, it is captivating nonfiction with broad political, racial, and cultural relevance to our times.

Storming the Court: How a Band of Yale Law Students Sued the President--And Won


Brandt Goldstein - 2005
    "Storming the Court" takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantanamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, "Storming the Court" follows the students from the classrooms at Yale to the prison camp at Guantanamo to the federal courts in NewYork and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.At a time when the treatment of post-9/11 Guantanamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, "Storming the Court" is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.

Law's Empire


Ronald Dworkin - 1986
    Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.

The Common Law


Oliver Wendell Holmes Jr. - 1963
    (1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.

Covering: The Hidden Assault on Our Civil Rights


Kenji Yoshino - 2006
    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

Understanding Criminal Law


Joshua Dressler - 1993
    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.

The Man to See


Evan Thomas - 1991
    Now, for the first time, best-selling author Evan Thomas takes us into the courtrooms of William's greatest performances as he defends "Godfather" Frank Costello, Jimmy Hoffa, Frank Sinatra, The Washington Post, and others, as well as behind the scenes where the witnesses are coached, the traps set, and the deals cut.In addition to being a lawyer of unprecedented influence, Williams was also an important Washington insider, privy to the secrets of America's most powerful men. Thomas tells the truth behind the stories that made Williams one of the most talked about public figures of his time, including Williams' role in the publication of the Pentagon Papers and the possibility that Williams may have been Watergate's Deep Throat. Based on Thomas's exclusive access to Williams's papers, "The Man to See" is an unprecedented look at the strategies and influence of this exceptional man.

The Law Machine


Marcel Berlins - 1986
    Revised and updated throughout for this fifth edition, THE LAW MACHINE surveys recent developments in the workings of justice and the outlook for the future. 'Refreshingly free of the patronizing attitude and the humbug with which other books about the legal system are riddled' - THES

The Supreme Court


William H. Rehnquist - 1987
    Rehnquist’s classic book offers a lively and accessible history of the Supreme Court. His engaging writing illuminates both the high and low points in the Court's history, from Chief Justice Marshall’s dominance of the Court during the early nineteenth century through the landmark decisions of the Warren Court. Citing cases such as the Dred Scott decision and Roosevelt's Court-packing plan, Rehnquist makes clear that the Court does not operate in a vacuum, that the justices are unavoidably influenced by their surroundings, and that their decisions have real and lasting impacts on our society. The public often hears little about the Supreme Court until decisions are handed down. Here, Rehnquist reveals its inner workings--the process by which cases are chosen, the nature of the conferences where decisions are made, and the type of debates that take place. With grace and wit, this incisive history gives a dynamic and informative account of the most powerful court in the nation and how it has shaped the direction America has taken.

The Articulate Advocate: Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions


Marsha Hunter - 2009
    Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder’s attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.

Failing Law Schools


Brian Z. Tamanaha - 2012
    Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.

Working with Contracts: What Law School Doesn't Teach You


Charles M. Fox - 2002
    This book introduces the basic elements of contracts; describes the lawyer's role in the drafting and negotiating process; discusses amendments, waivers, and consents; and, addresses issues that arise in reviewing contracts, including due diligence issues.