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.
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.
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
Can the police strip-search a woman who has been arrested fora minor traffic violation? Can a magazine publish an embarrassingphoto of you without your permission? Does your boss have the rightto read your email? Can a company monitor its employees'off-the-job lifestyles--and fire those who drink, smoke, or livewith a partner of the same sex? Although the word privacy does notappear in the Constitution, most of us believe that we have aninalienable right to be left alone. Yet in arenas that range fromthe battlefield of abortion to the information highway, privacy isunder siege. In this eye-opening and sometimes hair-raising book,Alderman and Kennedy survey hundreds of recent cases in whichordinary citizens have come up against the intrusions ofgovernment, businesses, the news media, and their own neighbors. Atonce shocking and instructive, up-to-date and rich in historicalperspective, The Right to Private is an invaluable guide toone of the most charged issues of our time.
“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
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.
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
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
In this updated and expanded edition of The Tyranny of GoodIntentions , Paul Craig Roberts and Lawrence M. Stratton renewtheir valiant campaign to reclaim that which is rightlyours–liberty protected by the rule of law. They show how crusadinglegislators and unfair prosecutors are remaking American law into aweapon wielded by the government and how the erosion of the legalprinciples we hold dear–such as habeas corpus and the prohibitionagainst self-incrimination–is destroying the presumption ofinnocence. A new introduction and new chapters cover recent marqueecases and make this provocative book essential reading for anyonewho cringes at the thought of unbridled state power and sees ourcivil liberties slowly slipping away in the name of the War onDrugs, the War on Crime, and the War on Terror.
In this remarkable book, a national bestseller in hardcover,Sandra Day O’Connor explores the law, her life as a Supreme CourtJustice, and how the Court has evolved and continues to function,grow, and change as an American institution. Tracing some of theorigins of American law through history, people, ideas, andlandmark cases, O’Connor sheds new light on the basics, exploringthrough personal observation the evolution of the Court andAmerican democratic traditions. Straight-talking, clear-eyed,inspiring, The Majesty of the Law is more than a reflection onO’Connor’s own experiences as the first female Justice of theSupreme Court; it also reveals some of the things she has learnedand believes about American law and life—reflections gleaned overher years as one of the most powerful and inspiring women inAmerican history.
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.
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
“We need a new idea of how to govern. The current system isbroken. Law is supposed to be a framework for humans to makechoices, not the replacement for free choice.” So notes Philip K.Howard in the new Afterword to his explosive manifesto The Deathof Common Sense . Here Howard offers nothing less than a fresh,lucid, practical operating system for modern democracy. America isdrowning—in law, lawsuits, and nearly endless red tape. Beforeacting or making a decision, we often abandon our best instincts.We pause, we worry, we equivocate, and then we divert our energyinto trying to protect ourselves. Filled with one too many examplesof bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back ontrack.