'We have no choice but to go fight,' WaLty said,his voice still hoarse, his delivery slow. 'We try to piecetogether some proof. We go to court and fight Likehell, and when we Lose we can tell our clients that we foughtthe good fight. In every Lawsuit,somebody wins, somebody Loses.Sure, we'll get our butts kicked, but at this point I'drather walk out of the courtroom with my head upthan deal with sanctions and malpractice claims.'

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.

This is primarily a textbook for graduate and upper-levelundergraduate students of law. However, practising lawyers andpolicy-makers who are looking for an introduction to WTO law willalso find it invaluable. The book covers both the institutional andsubstantive law of the WTO. While the treatment of the law is oftenquite detailed, the main aim of this textbook is to make clear thebasic principles and underlying logic of WTO law and the worldtrading system. Each section contains questions and assignments, toallow students to assess their understanding and develop usefulpractical skills. At the end of each chapter there is a helpfulsummary, as well as an exercise on specific, true-to-lifeinternational trade problems.

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

An examination of privacy and the evolution of communication,from broken sealing wax to high-tech wiretapping A sweeping story of the right to privacy as it sped alongcolonial postal routes, telegraph wires, and even today’sfiber-optic cables, American Privacy traces the lineage of culturalnorms and legal mandates that have swirled around the FourthAmendment since its adoption. Legally, technologically, andhistorically grounded, Frederick Lane’s book presents a vivid andpenetrating exploration that, in the words of people’s historianHoward Zinn, “challenges us to defendour most basic rights.”--Fromthe Trade Paperback edition.

This 2005 book argues that Europeanization and globalizationhave led to ever-more intensive legalization at transnationallevel. What accounts for compliance beyond the nation-state? Theauthors tackle this question by comparing compliance withregulations that have been formulated in a very similar way atdifferent levels of governance. They test compliance with rules atthe national level, at the regional level (EU), and at a globallevel (WTO), finding that in fact the EU has higher levels ofcompliance than both international and national rules. The authorsargue that this is because the EU has a higher level oflegalization, combined with effective monitoring mechanisms andsanctions. In this respect it seems that the European Union hasindeed achieved a high level of legalization and compliance, thoughthe authors add that this achievement does not settle the relatedqueries with the legitimacy of transnational governance andlaw.

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

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.