An English court in 1736 described rape as an accusation“easily to be made and hard to be proved, and harder to be defendedby the party accused, though never so innocent. ”To prove thecrime, the law required a woman to physically resist, to put up a“hue and cry,” as evidence of her unwillingness. Beginning in the1970s, however, feminist and victim-advocacy groups began changingattitudes toward rape so the crime is now seen as violent initself: the legal definition of rape now includes everything fromthe sadistic serial rapist to the eighteen-year-old who hasconsensual sex with a fourteen-year-old. This inclusiveness means there are now more rapists among us. Andmore of rape’s camp followers: the prison-makers, the communitywatchdogs, law-and-order politicians, and the real-crime/real-timeentertainment industry. Vanessa Place examines the ambiguity ofrape law by presenting cases where guilt lies, but lies uneasily,and leads into larger ethical questions of what defines guilt, whatis justice, and wh

People with disabilities forging the newest and last humanrights movement of the century.

With its unique contextual emphasis and authoritativecommentary, Trusts Law: Text and Materials is a book that noserious undergraduate on trust law courses can afford to bewithout. The book is divided into four main parts: trusts and thepreservation of family wealth; trusts and family breakdown; trustsand commerce; and trusts and non-profit activity. Within each ofthese parts, leading cases, statutes, and historical and researchmaterials are placed alongside the narrative of the author's textto give emphasis both to general theories of trust concepts and tothe practical operation of trusts. Attention is also given toimportant themes such as the developing relationship between trustslaw and other areas of private law such as the Law of Restitution.This new edition takes account of all relevant judicial andlegislative developments since the third edition, and expandsdiscussion of key themes in current developments of the law.

The bestselling business classic that Raytheon CEO William Swanson made famous . Every once in awhile, there is a book with a message so timeless,so universal, that it transcends generations. The Unwritten Lawsof Business is such a book. Originally published over 60 yearsago as The Unwritten Laws of Engineering , it has sold over100,000 copies, despite the fact that it has never been availablebefore to general readers. Fully revised for business readerstoday, here are but a few of the gems you’ll find in thislittle-known business classic: If you take care of your present job well, the future will takecare of itself. The individual who says nothing is usually credited with havingnothing to say. Whenever you are performing someone else’s function, you areprobably neglecting your own. Martyrdom only rarely makes heroes, and in the business world, suchheroes and martyrs often find themselves unemployed. Refreshingly free of the latest business fads and jargon, this is abook that is wise and insight

This 2001 volume investigates the nature of constitutionaldemocratic government in the United States and elsewhere. Theeditors introduce a basic conceptual framework which thecontributors clarify and develop in eleven essays organized intothree separate sections. The first section deals withconstitutional founding and the founders' use of cultural symbolsand traditions to facilitate acceptance of a new regime. The seconddiscusses alternative constitutional structures and their effectson political outcomes. The third focuses on processes ofconstitutional change and on why founders might choose to makeformal amendments relatively difficult or easy to achieve. The bookis distinctive because it provides comprehensive tools foranalyzing and comparing different forms of constitutionaldemocracy. These tools are discussed in ways that will be ofinterest to students and readers in political science, law, historyand political philosophy.

In 1787, the American union was in disarray. The incompatibledemands of the separate states threatened its existence; somestates were even in danger of turning into the kind of tyranny theyhad so recently deposed. A truly national government was needed, one that could raisemoney, regulate commerce, and defend the states against foreignthreats–without becoming as overbearing as England. Sothirty-six-year-old James Madison believed. That summer, theVirginian was instrumental in organizing the ConstitutionalConvention, in which one of the world’s greatest documents would bedebated, created, and signed. Inspired by a sense of history in themaking, he kept the most extensive notes of any attendee. Now two esteemed scholars have made these minutes accessible toeveryone. Presented with modern punctuation and spelling, judiciouscuts, and helpful notes–plus fascinating background information onevery delegate and an overview of the tumultuous times–here is thegreat drama of how the Constituti

Located at the intersection of law, political science,philosophy, and literary theory, this is a work of constitutionaltheory that explores the nature of American constitutionalinterpretation through a reconsideration of the long-standingdebate between the interpretive theories of originalism andnonoriginalism. It traces that debate to a particular set ofpremises about the nature of language, interpretation, andobjectivity, premises that raise the specter of unconstrained,unstructured constitutional interpretation that has hauntedcontemporary constitutional theory. It presents the novel argumentthat a critique of the underlying premises of originalism dissolvesnot just originalism but nonoriginalism as well, which leads to therecognition that constitutional interpretation is already andalways structured. It makes this argument in terms of the firstprinciple of the American political system: by their fidelity tothe Constitution, Americans are a textual people in that they livein and through the terms of a fun

This 2004 book is a comparative study of the American legaldevelopment in the mid-nineteenth century. Focusing on Illinois andVirginia, supported by observations from six additional states, thebook traces the crucial formative moment in the development of anAmerican system of common law in northern and southern courts. Theprocess of legal development, and the form the basic analyticalcategories of American law came to have, are explained as theproducts of different responses to the challenge of new industrialtechnologies, particularly railroads. The nature of those responseswas dictated by the ideologies that accompanied the social,political, and economic orders of the two regions. American commonlaw, ultimately, is found to express an emerging model ofcitizenship, appropriate to modern conditions. As a result, theprocess of legal development provides an illuminating perspectiveon the character of American political thought in a formativeperiod of the nation.

The fact that London was parliamentarian rather than royalistwas one of the principal reasons for the defeat of Charles I in theEnglish Civil War. This book reinterprets London's role. Itexamines the relation of the municipality and of the City fathersas business magnates with both of the early Stuart kings and theirparliaments, and explores the business connections of the City withthe royal court, concluding that, far from being the natural alliesof the king and court as is generally assumed, the City elite hadmostly been seriously alienated from them by 1640. Professor Ashtonoffers an interpretation not only of the City's role in the yearsbefore 1640 but also of the reasons lying behind its support forparliament in 1642. It is both a contribution to the debate on theorigins of the Civil War and a study in depth of the connectionbetween big business and politics in early Stuart England.

For more than two decades, Vanity Fair has published DominickDunne’s brilliant, revelatory chronicles of the most famous crimes,trials, and punishments of our time. Here, in one volume, areDominick Dunne’s mesmerizing tales of justice denied and justiceaffirmed. Whether writing of Claus von Bülow’s romp through twotrials; the Los Angeles media frenzy surrounding O.J. Simpson; thedeath by fire of multibillionaire banker Edmond Safra; or theGreenwich, Connecticut, murder of Martha Moxley and theindictment—decades later—of Michael Skakel, Dominick Dunne tells ithonestly and tells it from his unique perspective. His search forthe truth is relentless.

Wilbert Rideau, an award-winning journalist who spentforty-four years in prison, delivers a remarkable memoir of crime,punishment, and ultimate triumph. After killing a bank teller in a moment of panic during a botchedrobbery, Wilbert Rideau was sentenced to death at the age ofnineteen. He spent several years on death row at Angola before hissentence was commuted to life, where, as editor of the prisonnewsmagazine The Angolite, he undertook a mission to expose andreformLouisiana's iniquitousjustice system from the inside. Vivid,incisive, and compassionate, this is a detailed account of prisonlife and a man who accepted responsibility for his actions andworked to redeem himself. It is a story about not giving up;finding love in unexpected places; the power of kindness; and theability to do good, no matter where you are.

Whether you’re fighting with a neighbor about who should payfor a fence, pursuing a charge of discrimination at work, orchasing a $5000 loan, the ABA Guide to Resolving LegalDisputes: Inside and Outside the Courtroom can help you decidewhat steps to take to resolve disputes. This book, written ineasy-to-read language with dozens of real-life examples, includestips on how to be a better negotiator. It also provides importantinformation about mediation, arbitration, small claims court, andcivil court procedures, and includes a chapter on working with alawyer, with tips on how you can save time and money.

This book was first published in 2009. In the late-seventeenthcentury, Quakers originated a unique strain of constitutionalism,based on their theology and ecclesiology, which emphasizedconstitutional perpetuity and radical change through popularpeaceful protest. While Whigs could imagine no other means ofdrastic constitutional reform except revolution, Quakers deniedthis as a legitimate option to governmental abuse of authority andadvocated instead civil disobedience. This theory of a perpetualyet amendable constitution and its concomitant idea of popularsovereignty are things that most scholars believe did not existuntil the American Founding. The most notable advocate of thistheory was Founding Father John Dickinson, champion of Americanrights, but not revolution. His thought and action have beenmisunderstood until now, when they are placed within the Quakertradition. This theory of Quaker constitutionalism can be traced ina clear and direct line from early Quakers through Dickinson toMartin Luther King, J

Courtroom 302 is the fascinating story of one year inChicago's Cook County Criminal Courthouse, the busiest felonycourthouse in the country. Here we see the system through the eyesof the men and women who experience it, not only in the courtroombut in the lockup, the jury room, the judge's chambers, thespectators' gallery. From the daily grind of the court to thehighest-profile case of the year, Steve Bogira’s masterfulinvestigation raises fundamental issues of race, civil rights, andjustice in America.

For the first time, a collection of dissents from the mostfamous Supreme Court cases If American history can truly be traced through the majoritydecisions in landmark Supreme Court cases, then what about thedissenting opinions? In issues of race, gender, privacy, workers'rights, and more, would advances have been impeded or failuresrectified if the dissenting opinions were in fact the majorityopinions? In offering thirteen famous dissents-from Marbury v. Madison andBrown v. Board of Education to Griswold v. Connecticut and Lawrencev. Texas, each edited with the judges' eloquence preserved-renownedSupreme Court scholar Mark Tushnet reminds us that court decisionsare not pronouncements issued by the utterly objective, they are infact political statements from highly intelligent but partisanpeople. Tushnet introduces readers to the very concept of dissentin the courts and then provides useful context for each case,filling in gaps in the Court's history and providing an overview ofthe issues at

This book, based on the Tanner lectures on Human Values thatJustice Stephen Breyer delivered at Harvard University in November2004, defines the term “active liberty” as a sharing of thenation’s sovereign authority with its citizens. Regarding theConstitution as a guide for the application of basic Americanprinciples to a living and changing society rather than as anarsenal of rigid legal means for binding and restricting it,Justice Breyer argues that the genius of the Constitution rests notin any static meaning it might have had in a world that is dead andgone, but in the adaptability of its great principles to cope withcurrent problems. Giving us examples of this approach in the areas of free speech,federalism, privacy, affirmative action, statutory interpretation,and administrative law, Justice Breyer states that courts shouldtake greater account of the Constitution’s democratic nature whenthey interpret constitutional and statutory texts. He also insiststhat the people, through partici

Nobel laureate Niko Tinbergen laid the foundations for thescientific study of animal behaviour with his work on causation,development, function and evolution. In this book, an internationalcast of leading animal biologists reflect on the enduringsignificance of Tinbergen's groundbreaking proposals for modernbehavioural biology. It includes a reprint of Tinbergen's originalarticle on the famous 'four whys' and a contemporary introduction,after which each of the four questions are discussed in the lightof contemporary evidence. There is also a discussion of the widersignificance of recent trends in evolutionary psychology andneuroecology to integrate the 'four whys'. With a foreword by oneof Tinbergen's most prominent pupils, Aubrey Manning, thiswide-ranging book demonstrates that Tinbergen's views on animalbehaviour are crucial for modern behavioural biology. It willappeal to graduate students and researchers in animal behaviour,behavioural ecology and evolutionary biology.

The Real ACT is the only book with insider test-taking tipsand strategy, practice tests, and insight from the makers of theACT. This comprehensive guide has everything one needs to knowabout the ACT-test content, structure, and format info! The only guide that includes 5 previously administered,full-length ACT tests written by the actual test maker (including 2NEW practice tests) ACT content and procedures you'll follow when actually taking thetest Valuable information about tuition payment plans All the question types you can expect to find on the ACT Suggestions on how you might approach the questions andPeterson's tried-and-true test-taking strategies and tips

“The best legal read . . . in decades. A brilliantlyentertaining work, both for the lawyer and the layman.” Washington Times Robert S. Bennett has been a lawyer for more than forty years. Inthat time, he’s taken on dozens of high-pro?le and groundbreakingcases and emerged as the go-to guy for the nation’s elite. BobBennett gained international recognition as one of America’s bestlawyers for leading the defense of President Bill Clinton in thePaula Jones case. He has always fought for justice. This is hisstory. Born in Brooklyn and an amateur boxer in his youth, Bennett hasoften brought his street-?ghter’s mentality to the courtroom. Hiscase history is a who’s who of ?gures who have dominated legalheadlines: superlobbyist Tommy Corcoran, former secretaries ofdefense Clark Clifford and Caspar Weinberger, Marge Schott, and,most recently, New York Times reporter Judith Miller and formerWorld Bank president Paul Wolfowitz. Throughout the telling of his life in court, Be

There is an undercover war going on in America that impactseveryone's life far more than the legal issues that typically grabthe headlines. The conservative movement has been systematicallyturning back a century's worth of the evolving gains andprotections found in the common law-the areas of law that affectthe everyday activities of ordinary people. Throughout the twentieth century, contract, property, andpersonal injury law evolved to take more account of socialconditions and the needs of consumers, workers, and less powerfulmembers of American society. Contracts were interpreted in light ofcommon sense, property ownership was subjected to reasonable-useprovisions to protect the environment, and consumers were protectedagainst dangerous products. But all that is changing. Conservatives have a clear agenda toturn back the clock on the common law to maximize the profits ofbig business. Some significant inroads have already been made toprotect gun manufacturers from lawsuits, enforce form co