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

“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

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

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.

People with disabilities forging the newest and last humanrights movement of the century.

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.

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 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 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

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.

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.

From prosecuting (and defending) murderers in the Bronx tohandling the public and private problems of Manhattan’s elite, Mouthpiece recounts the colorful adventures of New YorkCity’s ultimate legal operator. “In the pages before us, the Counselor tells a saga’s worth oftales of the city. As the saying goes, he’s got a million ofthem.” — Tom Wolfe, from his Introduction Edward Hayes is that unusual combination: the likable lawyer, onewho could have stepped off the stages of Guys and Dolls or Chicago . Mouthpiece is his story—an irreverent,entertaining, and revealing look at the practice of law in moderntimes and a social and political anatomy of New York City. Itrecounts Hayes’s childhood in the tough Irish sections of Queensand his eventual escape to the University of Virginia and then toColumbia Law School. Not at all white-shoe-firm material, Hayesheaded to the hair-raising, crime-ridden South Bronx of themidseventies—first as a homicide prosecutor and then as a defenseattor

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

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

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.

In pursuit of fairness at any cost, we have created a societyparalyzed by legal fear: Doctors are paranoid and principalspowerless. Little league coaches, scared of liability, stopvolunteering. Schools and hospitals start to crumble. The commongood fades, replaced by a cacophony of people claiming their“individual rights.” By turns funny and infuriating, this startling book dissects thedogmas of fairness that allow self-interested individuals to bullythe rest of society. Philip K. Howard explains how, trying to honorindividual rights, we removed the authority needed to maintain afree society. Teachers don’t even have authority to maintain orderin the classroom. With no one in charge, the safe course is toavoid any possible risk. Seesaws and diving boards are removed.Ridiculous warning labels litter the American landscape: “Caution:Contents Are Hot.” Striving to protect “individual rights,” we ended up losing muchof our freedom. When almost any decision that someone disagreeswi