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.
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, 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
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.
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.
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
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
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.
People with disabilities forging the newest and last humanrights movement of the century.
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
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
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.
On June 28, 1972 in a South Bronx subway station, John Skagen,a white off-duty policeman on his way home, suddenly and withoutapparent provocation, ordered James Richardson, a black man on hisway to work, to get against the wall and put his hands up.Richardson had a gun, and the two exchanged shots. In the meleethat followed, Skagen was fatally wounded by a cop who rushed tothe scene. In the ensuing trial, William Kunstler handledRichardson's defense and the author of this book, then assistantdistrict attorney, prosecuted the case. Here is a first-hand,behind-the-scenes account of every step of the proceedings.
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 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.