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Commentaries on American Law, Vol. 1 by James Kent


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Lincoln and Chief Justice Taney: Slavery, Secession, and the President's War Powers


James F. Simon - 2006
    Taney over slavery, secession, and the president's constitutional war powers went to the heart of Lincoln's presidency. James Simon, author of the acclaimed "What Kind of Nation" -- an account of the battle between President Thomas Jefferson and Chief Justice John Marshall to define the new nation -- brings to vivid life the passionate struggle during the worst crisis in the nation's history, the Civil War. The issues that underlaid that crisis -- race, states' rights, and the president's wartime authority -- resonate today in the nation's political debate.Lincoln and Taney's bitter disagreements began with Taney's "Dred Scott" opinion in 1857, when the chief justice declared that the Constitution did not grant the black man any rights that the white man was bound to honor. In the famous Lincoln-Douglas debates, Lincoln attacked the opinion as a warped judicial interpretation of the Framers' intent and accused Taney of being a member of a pro-slavery national conspiracy.In his first inaugural address, President Lincoln insisted that the South had no legal right to secede. Taney, who administered the oath of office to Lincoln, believed that the South's secession was legal and in the best interests of both sections of the country.Once the Civil War began, Lincoln broadly interpreted his constitutional powers as commander in chief to prosecute the war, suspending the writ of habeas corpus, censoring the mails, and authorizing military courts to try civilians for treason. Taney opposed every presidential wartime initiative and openly challenged Lincoln's suspension of the writ of habeas corpus. He accused thepresident of assuming dictatorial powers in violation of the Constitution. Lincoln ignored Taney's protest, convinced that his actions were both constitutional and necessary to preserve the Union.Almost 150 years after Lincoln's and Taney's deaths, their words and actions reverberate in constitutional debate and political battle. "Lincoln and Chief Justice Taney" tells their dramatic story in fascinating detail.

The Rebel: A Biography of Ram Jethmalani


Susan Adelman - 2014
    With a career spanning the entire history of independent India and still going strong, he has managed to command respect and evoke anger in equal measure. But did you know that he is the most pro-Israel politician in Asia one of the founders of the prestigious National School of Law, Bangalore one of the first to raise the issue of corruption in India, founder of the Sunday Guardian in the late eighties, one of the longest-serving parliamentarians and that he is married to two wives at the same time? In The Rebel, A Biography of Ram Jethmalani, Susan Adelman, a longtime friend, presents the most updated, authentic and detailed account of his life. Peppered with personal accounts, unknown facets of his life and insider titbits, the book reveals the man behind the larger than life persona of Ram Jethmalani.

Lincoln's Greatest Case: The River, the Bridge, and the Making of America


Brian McGinty - 2015
    Soon after, the newly constructed vessel, crowded with passengers and livestock, erupted into flames and sank in the river below, taking much of the bridge with it.As lawyer and Lincoln scholar Brian McGinty dramatically reveals in Lincoln's Greatest Case, no one was killed, but the question of who was at fault cried out for an answer. Backed by powerful steamboat interests in St. Louis, the owners of the Effie Afton quickly pressed suit, hoping that a victory would not only prevent the construction of any future bridges from crossing the Mississippi but also thwart the burgeoning spread of railroads from Chicago. The fate of the long-dreamed-of transcontinental railroad lurked ominously in the background, for if rails could not cross the Mississippi by bridge, how could they span the continent all the way to the Pacific?The official title of the case was Hurd et al. v. The Railroad Bridge Company, but it could have been St. Louis v. Chicago, for the transportation future of the whole nation was at stake. Indeed, was it to be dominated by steamboats or by railroads? Conducted at almost the same time as the notorious Dred Scott case, this new trial riveted the nation’s attention. Meanwhile, Abraham Lincoln, already well known as one of the best trial lawyers in Illinois, was summoned to Chicago to join a handful of crack legal practitioners in the defense of the bridge. While there, he succesfully helped unite the disparate regions of the country with a truly transcontinental rail system and, in the process, added to the stellar reputation that vaulted him into the White House less than four years later.Re-creating the Effie Afton case from its unlikely inception to its controversial finale, McGinty brilliantly animates this legal cauldron of the late 1850s, which turned out to be the most consequential trial in Lincoln's nearly quarter century as a lawyer. Along the way, the tall prairie lawyer's consummate legal skills and instincts are also brought to vivid life, as is the history of steamboat traffic on the Mississippi, the progress of railroads west of the Appalachians, and the epochal clashes of railroads and steamboats at the river’s edge.Lincoln's Greatest Case is legal history on a grand scale and an essential first act to a pivotal Lincoln drama we did not know was there.

So Help Me God


Larry D. Thompson - 2004
    Lord “The courtroom drama and testimony are brilliantly conceived and carried out…a thoughtful, complex and timely novel, a compelling story one is loath to put aside to do one’s daily work.”—Galveston Daily News "So Help Me God is not only a page-turner but a warning as well. Through a deft, fascinating storyline Larry D. Thompson shows us what can happen here if we're not careful."—Ed Gorman“So Help Me God is an exciting legal thriller that takes the reader on a sizzling ride as a courtroom becomes the battlefield over one of the most controversial social issues of our time. Not since the Scopes Monkey Trial has a man of religion and a man of ideas clashed so dramatically and brilliantly in a courtroom.” –Junius Podrug, award winning author of Presumed Guilty“I don’t think I have ever read anything quite so compelling. Everything was woven together beautifully and could only have been done so by someone who had actually lived through similar experiences in the courtroom.”—pennyterk.com“Move over John Grisham!”—Denton A. Cooley, MD, world-renowned pioneer heart surgeon“Seldom does a first effort at courtroom fiction find itself in the class of such notables as Inherit the Wind, The Verdict, and The Rainmaker. But Larry Thompson’s So Help Me God belongs there. I predict it will become a modern day classic courtroom tale.”—Jim Perdue, Sr., nationally renowned trial lawyer and author of I Remember Atticus“I hated to finish that last page of So Help Me God…the courtroom scenes are both realistic and spell-binding.”—Hartley Hampton, past president of the Texas Trial Lawyers AssociationAbout the AuthorA veteran Texas trial lawyer, LARRY D. THOMPSON has drawn upon decades of experience in the courtroom to produce his first novel, So Help Me God. Thompson, a one-time journalism major who used his talent for writing to excel at the University of Texas School of Law, is now managing partner of the Houston trial firm he founded. Recently honored by Texas Monthly Magazine as a "Texas Super Lawyer," he is the proud father of three grown children, an active golfer, SCUBA diver, runner, and outdoor enthusiast. His biggest inspiration both in life and literature is his late brother, best-selling author Thomas Thompson.

Lincoln and Douglas: The Debates That Defined America


Allen C. Guelzo - 2008
    Two years later, he was elected president and was on his way to becoming the greatest chief executive in American history. What carried this one-term congressman from obscurity to fame was the campaign he mounted for the United States Senate against the country's most formidable politician, Stephen A. Douglas, in the summer and fall of 1858. Lincoln challenged Douglas directly in one of his greatest speeches -- "A house divided against itself cannot stand" -- and confronted Douglas on the questions of slavery and the inviolability of the Union in seven fierce debates. As this brilliant narrative by the prize-winning Lincoln scholar Allen Guelzo dramatizes, Lincoln would emerge a predominant national figure, the leader of his party, the man who would bear the burden of the national confrontation.Of course, the great issue between Lincoln and Douglas was slavery. Douglas was the champion of "popular sovereignty," of letting states and territories decide for themselves whether to legalize slavery. Lincoln drew a moral line, arguing that slavery was a violation both of natural law and of the principles expressed in the Declaration of Independence. No majority could ever make slavery right, he argued.Lincoln lost that Senate race to Douglas, though he came close to toppling the "Little Giant," whom almost everyone thought was unbeatable. Guelzo's Lincoln and Douglas brings alive their debates and this whole year of campaigns and underscores their centrality in the greatest conflict in American history.The encounters between Lincoln and Douglas engage a key question in American political life: What is democracy's purpose? Is it to satisfy the desires of the majority? Or is it to achieve a just and moral public order? These were the real questions in 1858 that led to the Civil War. They remain questions for Americans today.

The Prosecutors: A Year in the Life of a District Attorney's Office


Gary Delsohn - 2003
     Allowed unprecedented access to spend a year inside an urban prosecutors' office, Gary Delsohn provides a riveting, behind-the-scenes look at how America's increasingly overburdened judicial system really functions. Seen through the eyes of the main characters in this true-life drama-John O'Mara, a tough, jaded homicide chief and Jan Scully, an accomplished former sex-crimes prosecutor who is now the D.A.-The Prosecutors shows us these dedicated public servants at work. The cases they encounter within this one year are as shocking as they are indelible: * A simple robbery in Sacramento, California, goes bad and shatters a family forever. * A serial killer is caught only after a nationwide manhunt. * A well-respected doctor is accused of murdering his own daughter. * A twenty-five-year-old cold case involving Patty Hearst and the SLA explodes and brings incredible pressure and scrutiny to the D.A.'s office. * The son of a high-ranking California state prosecutor faces a possible death penalty for kidnap, rape,and murder. The Prosecutors chronicles the real-life legal dramas that are waged daily in our courtrooms. It is a book that enlightens, educates, entertains, and even infuriates at times with the miscarriages of justice, but, ultimately, shows in stark detail the intricacies that make our legal system work.

Memoirs Of A Radical Lawyer


Michael Mansfield - 2009
    Unafraid of rejection or failure, Michael has taken on the most difficult and challenging cases of our times and despite the odds, won plenty. In Memoirs of a Radical Lawyer Michael dissects many of them, revealing his motivations, meticulous approach to forensic science, cross examination techniques, the political dimensions and emotional reactions with clarity, subtlety and charm. Interspersed with personal anecdotes and recollections, this insightful book is liberally laced with Michael's quirky brand of anarchic humour. Cases range from the Angry Brigade, the Bradford 12, the Birmingham Six, the Bloody Sunday Inquiry, Angela Cannings, Jill Dando, Ruth Ellis, Dodi Fayed, the 'Fertilizer' conspiracy, Iraqi hi-jackers, Stephen Lawrence, Fatmir Limaj (Leader of the Kosovan Liberation Army), the Marchioness Disaster, the Price sisters, the 'Ricin' trial, Risley prison riots, Tahira Tabassum, Judith Ward, Arthur Scargill and the miners to the Jean Charles de Menezes inquiry, and many more. Issues of public concern, human rights and innovative attempts to construct a democratic legal system are discussed in full, but Memoirs of a Radical Lawyer also unveils with honesty and wit a man who has put as much passion and energy into his life as his work, one of the great personalities of our time.

My Life


David Lange - 2005
    His Labour government introduced sweeping new legislation that unchained the country from its old conservative bonds, established the world's first nuclear free state and let loose a free market economic agenda that radically transformed the country. It was a rapid climb to the very top for the overweight doctor's son from working class South Auckland. As leader during the final years of the Cold War he confronted the agendas of Ronald Reagan and Margaret Thatcher, and lived through the political upheavals of the fall of the Soviet Union, post-apartheid South Africa and Rajiv Ghandi's India. Along the way he memorably defeated the Reverend Jerry Falwell in a famous Oxford Union debate about the morality and sanity of the nuclear arms race, and negotiated the aftermath of the tragic bombing of the Rainbow Warrior by French agents in Auckland harbour.

Employment Law for Business


Dawn D. Bennett-Alexander - 1997
    It is intended to instruct students on how to manage effectively and efficiently with full comprehension of the legal ramifications of their decisions. Students are shown how to analyze employment law facts using concrete examples of management-related legal dilemmas that do not present clear-cut solutions. The methods of arriving at resolutions are emphasized, so that when the facts of the workplace problem are not quite the same, the student can still reach a good decision based on the legal considerations required by law, which remain relevant.

How to Start & Build a Law Practice


Jay G. Foonberg - 1984
    Author Jay G Foonberg, now in his fifth decade of practicing law, has always been dedicated to giving other lawyers the benefit of his wealth of experience. This Platinum Fifth Edition is packed with over 600 pages of guidance on identifying the right location, finding clients, setting fees, managing your office, maintaining an ethical and responsible practice, maximizing available resources, upholding your standards, and much more. If you're committed to starting--and growing-- your own practice, this one book will give you the expert advice you need to make it succeed. More than 100,000 lawyers have turned to Jay Foonberg for the secrets to running a successful law firm; now you can, too, with the new Platinum Fifth Edition. Jay Foonberg has organized the book into short, easy-to-read chapters that deal with all the specific challenges you will encounter when you open your office. The answers you'll get are realistic, practical, and based on real-life experience. You'll find a wealth of tips that can improve your practice once it is up and running, as well as dozens of time-saving templates and checklists. In addition, there is all-new material for this edition, covering topics including: �New opportunities for serving senior clients and the growth of elder law �E-mail and the Internet �Law firm mergers and dissolutions �The increasing size of student loans �Opportunities created by an aging population �Nonlawyer consultants �The globalization of legal practice �When and how to safely close and destroy files �The aggressive marketing being done now by firms of all sizes �And much more! Even if you already have an established practice, you are sure to find information that will help you compete and succeed. This is the one book you'll need to build and grow your practice.

The Living Constitution


David A. Strauss - 2010
    He wanted a dead Constitution, he joked, arguing it must be interpreted as the framers originally understood it.In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other originalists, explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago.David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Murdered by Mumia: A Life Sentence of Loss, Pain, and Injustice


Maureen Faulkner - 2007
    Mumia Abu-Jamal was unanimously convicted of the crime by a racially mixed jury based on: the testimony of several eyewitnesses, his ownership of the murder weapon, matching ballistics, and Abu-Jamal’s own confession.After his conviction, however, a national anti-death penalty movement was started to “Free Mumia;” Mike Farrell, Ed Asner, Whoopi Goldberg, and Jesse Jackson rallied on his behalf, and led the charge.  For his part, while on death row, Abu-Jamal published several books, delivered radio commentaries, was a college commencement speaker, found himself named an Honorary Citizen of France, and had his defense coffers enhanced by ticket sales from a sold out (16,000-person) concert featuring Rage Against the Machine.Here, from Maureen Faulkner and acclaimed talk show host / journalist Michael Smerconish, is the first book to carefully and definitively lay out the case against Abu-Jamal, and those who’ve elevated him to the status of political prisoner. Smerconish, a lawyer, has provided pro bono legal counsel to Faulkner for over a decade and knows both the legal intricacies and personal subtleties of the case like no other person.  He’s personally acquainted himself with the more than five thousand pages of trial transcript.  “My reading starkly revealed that Abu-Jamal murdered Danny Faulkner in cold blood and that the case tried in Philadelphia in 1982 bore no resemblance to the one being home-cooked by the Abu-Jamal defense team.”As Abu-Jamal’s lawyers contemplate their final appeal, Faulkner and Smerconish weave a compelling, never-before-told account of one fateful night and the 25-year-long rewriting of history.

How To Be A Landlord: The Definitive Guide to Letting and Managing Your Rental Property


Rob Dix - 2017
     By the author of the UK’s most popular property book, The Complete Guide To Property Investment. Please note that this book only covers letting and management of a property you already own. For a guide to buying the right property in the first place, you should buy ‘The Complete Guide To Property Investment’. Take a property, throw in a tenant and watch the money roll in. This seemingly simple formula has attracted nearly two million people in the UK to become landlords, but the reality is a whole lot more complicated. Did you know, for example, that if you forget to provide a certain piece of paper you might be unable to evict a tenant – even if they don’t pay the rent? Or that you could be fined for not checking your tenant’s immigration status? And don’t forget the inevitable broken boilers, mysterious leaks and various tenant complaints that always seem to happen at the most inconvenient time. How To Be A Landlord is a straightforward guide to everything involved in letting and managing a property – whether you’re an accidental landlord or an enthusiastic investor. In simple and entertaining language, it covers important steps like preparing the property to let, advertising for tenants, conducting viewings, doing all the paperwork, managing the tenancy, and dealing with any tricky situations that crop up (including the dreaded emergency repairs and evictions…). You’ll learn: • How to set yourself up for success when preparing a property to let • Where to find the perfect tenants for your property • The essential checks you must make to avoid a nightmare tenant • Everything you need to do when setting up a tenancy to avoid problems later • How to deal with the most common maintenance issues and repairs • The proper legal processes to follow when you have troublesome tenants • Top tips from experienced landlords for how to look after your tenants – keeping them happy, your property safe, and the rent rolling in Frequently updated and with contributions from over 50 experienced landlords, this is the most current and comprehensive book on the subject – and essential reading for anyone who wants a simple, profitable life as a landlord.

Lincoln's Sword: The Presidency and the Power of Words


Douglas L. Wilson - 2006
    Since his assassination in 1865, no American’s words have become more familiar or more admired, and their enduring power has established him as one of our greatest writers. Now, in a groundbreaking study, the distinguished Lincoln scholar Douglas L. Wilson demonstrates that exploring Lincoln’s presidential writing provides a window onto his presidency and a key to his accomplishments. Lincoln’s Sword tells the story of how Lincoln developed his writing skills, how they served him for a time as a hidden presidential asset, how it gradually became clear that he possessed a formidable literary talent, and it reveals how writing came to play an increasingly important role in his presidency. “By the time he came to write the Gettysburg Address,” Wilson says, “Lincoln was attempting to help put the horrific carnage of the Civil War in a positive light, and at the same time to do it in a way that would have constructive implications for the future. By the time he came to write the Second Inaugural Address, fifteen months later, he was quite consciously in the business of interpreting the war and its deeper meaning, not just for his contemporaries but for what he elsewhere called the ‘vast future.’ ”Illustrated with reproductions of Lincoln’s original manuscripts, Lincoln’s Sword affords an unprecedented look at a distinctively American writer.

Criminal Law


Joel Samaha - 2007
    With a balanced blend of case excerpts and author commentary, Samaha guides you as you hone your critical thinking and legal analysis skills. You'll see the principles, defenses, and elements of crime at work as you progress through the book-and you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons property, society, and crimes against the state. Featuring the latest topics and court cases, as well as many study tools to help you do well in this course, Samaha's CRIMINAL LAW is a text you will want to keep as a valuable reference even after you graduate and begin your career in the criminal justice field of your choosing.