In this 2008 book, legal scholars, philosophers, historiansand political scientists from Australia, Canada, New Zealand, theUnited Kingdom and the United States analyze the common law throughthree of its classic themes: rules, reasoning andconstitutionalism. Their essays, specially commissioned for thisvolume, provide an opportunity for thinkers from differentjurisdictions and disciplines to talk to each other and to theirwider audience within and beyond the common law world. This bookallows scholars and students to consider how these themes andconcepts relate to one another. It will initiate and sustain a moreinclusive and well-informed theoretical discussion of the commonlaw's method, process and structure. It will be valuable tolawyers, philosophers, political scientists and historiansinterested in constitutional law, comparative law, judicialprocess, legal theory, law and society, legal history, separationof powers, democratic theory, political philosophy, the courts andthe relationship of the comm
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.
David Boies, the star trial lawyer in a country obsessedwith legal drama, proves endlessly fascinating in this compulsivelyreadable account of his extraordinary career.A man of almostsuperhuman accomplishment, Boies argued a string of headline-makingcases before being catapulted to international prominence when herepresented Al Gore before the Supreme Court in Bush v. Gore. Brash, reckless, and prideful, he is also charming,charismatic, unerringly articulate in the courtroom, and supremelycomfortable in the public eye. Legal journalist Karen Donovan,herself a lawyer, had unprecedented access to Boies for nearly twoyears. In v. Goliath she gives us a scintillating chronicleof the legal dramas in which Boies has played a crucial role and ariveting, up-close portrait of a singularly gifted lawyer.
?Over 3,000 legal terms defined ?Revised edition with the most up-to-date terminology
Throughout America’s history, our laws have been a reflectionof who we are, of what we value, of who has control. They embodyour society’s genetic code. In the masterful hands of the subject’sgreatest living historian, the story of the evolution of our lawsserves to lay bare the deciding struggles over power and justicethat have shaped this country from its birth pangs to the present.Law in America is a supreme example of the historian’s art, itsbrevity a testament to the great elegance and wit of itscomposition. From the Hardcover edition.
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.
The Religious Right has dedicated much of the last thirty years to molding the federal judiciary, always with an eye toward casting the Supreme Court in its image. Through broad political work that has involved grassroots campaigns as much as aggressive lobbying, and a welltended career path for conservative law students and attorneys, the Right has been incredibly effective in influencing major Court decisions on everything from laws banning prayer in school to women's secure access to abortion and birth control. How will the courts set in place in recent decades confront stem cell research, gay rights, or euthanasia in a new era? In The Court and the Cross, attorney and legal journalist Frederick Lane draws on legal history and savvy political analysis to expose, in layperson's terms, the Religious Right's unrelenting efforts to declare the United States a Christian nation.
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.
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
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.
In 1787. . . We were given the right to practice the religion of ourchoice. We were given the right to say what we wanted withoutpersecution. It was written that our house and property were secure fromunreasonable search and seizure. We were given the right to apublic trial. Fifty-five men we will never know sat in a sweltering room andfought for us. We were given our rights as citizens of the United States. Every second fall, as we return again to the ballot box to decidethe course of our country’s leadership, every voter must find theirway back to that room in Philadelphia. Welcome Books is proud toprovide a map. The Constitution of the United States of America, inscribed andillustrated by the master calligrapher, Sam Fink, brings to lifethe issues underlying the triumphs of this abiding document.Originally published in pen and ink for Random House in 1987, Mr.Fink has gone back to his original black-and-white art and paintedit anew, created a full-color ma
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