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
In the second edition of this highly regarded text, the authorsshow how and why traditional legal language has developed thepeculiar characteristics that make legal documents inaccessible tothe end users. Incorporating recent research and case law, the bookprovides a critical examination of case law and the rules ofinterpretation. Detailed case studies illustrate how obtuse oroutdated words, phrases and concepts can be rewritten, reworked orremoved altogether. Particularly useful is the step-by-step guideto drafting in the modern style, using examples from four types ofcommon legal documents: leases, company constitutions, wills andconveyances. Readers will gain an appreciation of the historicalinfluences on drafting practice and the use of legal terminology.They will learn about the current moves to reform legal language,and receive clear instruction on how to make their writing clearerand their legal documents more useful.
Do you have a great idea for the next big thing, an eye-catching new corporate logo, or an exciting new business concept? Understand how to safeguard your ideas and creations with this expert guide to the fundamentals of intellectual property. Walking you step-by-step through the processes involved in protecting your great ideas, this book offers all the advice on need to ensure that you're the only one one cashing in on your creativity and hard work.
Probably written by a student of Aristotle, The AthenianConstitution is both a history and an analysis of Athens' politicalmachinery between the seventh and fourth centuries BC, which standsas a model of democracy at a time when city-states lived underdiffering kinds of government. The writer recounts the majorreforms of Solon, the rule of the tyrant Pisistratus and his sons,the emergence of the democracy in which power was shared by allfree male citizens, and the leadership of Pericles and thedemagogues who followed him. He goes on to examine the city'sadministration in his own time - the council, the officials and thejudicial system. For its information on Athens' development and howthe democracy worked, The Athenian Constitution is an invaluablesource of knowledge about the Athenian city-state.
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 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
History comes alive-in this illustrated guide to theConstitution and all 27 Amendments. ? Which state refused to send a delegation to the ConstitutionalConvention? ? Why was the Convention held in secret, with sentries at thedoor? ? What are the 27 Amendments? The U.S. Constitution for Everyone relates how the "traitorous"Founding Fathers wrote the nation's supreme laws and how thethirteen Disunited States became a more perfect Union. A must forstudents of American history and for everyone who'd like to knowmore about the supreme laws of our nation.
Beginning with the story of the forming of the Constitution,this book includes illuminating character sketches of thedelegates, written by their contemporaries. The complete text ofthe Constitution is highlighted, as well as Supreme Courtdecisions, cited because they shed light on Constitutionalproblems.
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
What is the difference between cant and jargon, or assume andpresume? What is a fandango? How do you spell supersede? Is ithippy or hippie? These questions really matter to Bill Bryson, asthey do to anyone who cares about the English language. Originallypublished as "The Penguin Dictionary for Writers and Editors","Bryson's Dictionary for Writers and Editors" has now beencompletely revised and updated for the twenty-first century by BillBryson himself. Here is a very personal selection of spellings andusages, covering such head-scratchers as capitalization, plurals,abbreviations and foreign names and phrases. Bryson also gives usthe difference between British and American usages, andmiscellaneous pieces of essential information you never knew youneeded, like the names of all the Oxford colleges, or the correctspelling of Brobdingnag. An indispensable companion to all thosewho write, work with the written word, or who just enjoy gettingthings right, it gives rulings that are both authoritative andcommonsense,
People with disabilities forging the newest and last humanrights movement of the century.
A perfect introduction to a vital subject very fewAmericans understand-the constitutional status of AmericanIndians Few American s know that Indian tribes havea legal status unique among America's distinct racial and ethnicgroups: they are sovereign governments who engage in relations withCongress. This peculiar arrangement has led to frequent legal andpolitical disputes-indeed, the history of American Indians andAmerican law has been one of clashing values and sometimes uneasycompromise. In this clear-sighted account, American Indian scholarN. Bruce Duthu explains the landmark cases in Indian law of thepast two centuries. Exploring subjects as diverse as jurisdictionalauthority, control of environmental resources, and the regulationsthat allow the operation of gambling casinos, American Indiansand the Law gives us an accessible entry point into a vitalfacet of Indian history.
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 amazing story of high stakes competition between twotitans, Richard Moran shows how the electric chair developed notout of the desire to be more humane but through an effort by onenineteenth-century electric company to discredit the other. In 1882, Thomas Edison ushered in the “age of electricity” whenhe illuminated Manhattan’s Pearl Street with his direct current(DC) system. Six years later, George Westinghouse lit up Buffalowith his less expensive alternating current (AC). The two menquickly became locked in a fierce rivalry, made all the morecomplicated by a novel new application for their product: theelectric chair. When Edison set out to persuade the state of NewYork to use Westinghouse’s current to execute condemned criminals,Westinghouse fought back in court, attempting to stop the firstelectrocution and keep AC from becoming the “executioner’scurrent.” In this meticulously researched account of the ensuinglegal battle and the horribly botched first execution, Moran r
Edited by Bryan A. Garner, the world’s leading legal lexicographer, Black’s Law Dictionary, 8th Edition is now better than ever! The new 8th Edition has more than 43,000 definitions, plus almost 3,000 quotations. Alternative spellings or equivalent terms and expressions are provided for more than 5,300 terms and senses, serving a thesaurus-like function. The extensive appendix on legal abbreviations is a major addition. It’s the first time such a comprehensive guide has been included in a modern law dictionary, and is an invaluable aid to the legal researcher. -17,000 more definitions than the 7th Edition -Newly enhanced with West Key Numbers for research reference -Includes changes made since the creation of the department of Homeland Security -Almost 3,000 quotations from authorities drawn from sources over at least five centuries -More than 1,000 law-related abbreviations and acronyms are defined -Extensive appendix on legal abbreviations -Faculty recommended
From the founders of JD Jungle magazine, a hip must-read for present and future law-school students, or anyone who wants to learn the "laws of the jungle." There's an old saying about law school: The first year, they scare you to death; the second year, they work you to death; the third year, they bore you to death. Helping to alleviate this famed fright, sweat, and boredom, The JD Jungle Law School Survival Guide expertly shows current and prospective students how to navigate all three years of law-school torture. Comprehensive, practical, and witty, it includes advice from students in the trenches, successful graduates, sage professors, and working professionals, including: How to identify and get accepted at the law school of your choice Places to look for and get financial aid Effective note-taking, study, and exam-day strategies Tips for managing law-school stress How to pass the bar exam the first time How to land a law internship-and then the job of your dream
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.
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.
The Supreme Court is one of the most extraordinaryinstitutions in our system of government. Charged with theresponsibility of interpreting the Constitution, the nine unelectedjustices of the Court have the awesome power to strike down lawsenacted by our elected representatives. Why does the public acceptthe Court’s decisions as legitimate and follow them, even whenthose decisions are highly unpopular? What must the Court do tomaintain the public’s faith? How can the Court help make ourdemocracy work? These are the questions that Justice Stephen Breyertackles in this groundbreaking book. Today we assume that when the Court rules, the public will obey.But Breyer declares that we cannot take the public’s confidence inthe Court for granted. He reminds us that at various moments in ourhistory, the Court’s decisions were disobeyed or ignored. Andthrough investigations of past cases, concerning the CherokeeIndians, slavery, and Brown v. Board of Education, he brilliantlycaptures the steps
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
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.