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
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.
“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
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution s primary role is to preserve and encouragewhat he calls active liberty : citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
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.
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.
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.
There is no more powerful, detested, misunderstood AfricanAmerican in our public life than Clarence Thomas. SupremeDiscomfort: The Divided Soul of Clarence Thomas is a hauntingportrait of an isolated and complex man, savagely reviled by muchof the black community, not entirely comfortable in white society,internally wounded by his passage from a broken family and ruralpoverty in Georgia, to elite educational institutions, to thepinnacle of judicial power. His staunchly conservative positions oncrime, abortion, and, especially, affirmative action have exposedhim to charges of heartlessness and hypocrisy, in that he ishimself the product of a broken home who manifestly benefited fromracially conscious admissions policies. Supreme Discomfort is a superbly researched and reportedwork that features testimony from friends and foes alike who havenever spoken in public about Thomas before—including a candidconversation with his fellow justice and ideological ally, AntoninScalia. It offers a long-overdue windo
Computers and the Law provides readers with an introduction tothe legal issues associated with computing – particularly in themassively networked context of the Internet. Assuming no previousknowledge of the law or any special knowledge of programming orcomputer science, this textbook offers undergraduates of alldisciplines and professionals in the computing industry anunderstanding of basic legal principles and an awareness of thepeculiarities associated with legal issues in cyberspace. This isnot a law school casebook, but rather a variety of carefullychosen, relevant cases presented in redacted form. The full casesare available on an ancillary Web site. The pervasiveness ofcomputing in modern society has generated numerous legalambiguities. This book introduces readers to the fundamentalworkings of the law in physical space and suggests the opportunityto create new types of laws with nontraditional goals.
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.
People with disabilities forging the newest and last humanrights movement of the century.
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.
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
