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.
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.
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.
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.
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
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.
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.
“Law school applicants should consider this a guide toproducing a competitive, superior essay. . . . These successfulexamples speak louder than any written how-to instructions could.”–The Book Watch Each year, thousands of people apply to the most prestigious lawschools across the country, competing for an ever-smaller number ofspaces. But each applicant gets one chance to distinguish himselfor herself from the pack: the law school application essay. In theessay, you can spotlight the qualities you possess that tran*sand LSAT scores cannot reveal.
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
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
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.
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.
“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.
People with disabilities forging the newest and last humanrights movement of the century.
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 death penalty is one of the most hotly contested issues inAmerica today. Evidence continues to mount that many innocentpeople have been executed or are currently living on death row, andthat minority groups and the poor suffer from a shoddy publicdefense system and discriminatory application of capital charges.Meanwhile, the myth of deterrence has been revealed to be false,and an increasing number of Americans are beginning to questiontheir support for capital punishment. Legal Lynching offers a succinct, accessible introduction to thedebate over the death penalty's history and future, exposing achilling frequency of legal error, systemic racial and economicdiscrimination, and pervasive government misconduct. This is anessential book for readers across the political spectrum who wishto cut through the common myths and assumptions about the efficacyand morality of state-sanctioned killing.