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.
Publisher Comments : The Declaration ofIndependence was the promise of a representative government; theConstitution was the fulfillment of that promise. On July 4, 1776, the Second Continental Congress issued a unanimousdeclaration: the thirteen North American colonies would be thethirteen United States of America, free and independent of GreatBritain. Drafted by Thomas Jefferson, the Declaration set forth theterms of a new form of government with the following words: "Wehold these Truths to be self-evident, that all men are createdequal, that they are endowed with certain unalienable Rights, thatamong these are Life, Liberty, and the Pursuit of Happiness." Framed in 1787 and in effect since March 1789, the Constitution ofthe United States of America fulfilled the promise of theDeclaration by establishing a republican form of government withseparate executive, legislative, and judicial branches. The firstten amendments, known as the Bill of Rights, became part of theConstitution on December 15, 1791. Amo
The Pulitzer Prize-winning author of Gideon's Trumpet followsthe progress of the 1960 libel suit that pitted The New York Timesagainst a Montgomery, Alabama, city official, and whose settlementin the Supreme Court redefined what newspapers, and ordinarycitizens, can print or say.
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.
Internationally renowned facilitator and public participation consultant James L. Creighton offers a practical guide to designing and facilitating public participation of the public in environmental and public policy decision making. Written for government officials, public and community leaders, and professional facilitators, The Public Participation Handbook is a toolkit for designing a participation process, selecting techniques to encourage participation, facilitating successful public meetings, working with the media, and evaluating the program. The book is also filled with practical advice, checklists, worksheets, and illustrative examples.
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.
“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.
Simple Justice is the definitive history ofthe landmark case Brown v. Board of Education and the epicstruggle for racial equality in this country. Combining intensiveresearch with original interviews with surviving participants,Richard Kluger provides the fullest possible view of the human andlegal drama in the years before 1954, the cumulative assaults onthe white power structure that defended segregation, and thestep-by-step establishment of a team of inspired black lawyers thatcould successfully challenge the law. Now, on the fiftiethanniversary of the unanimous Supreme Court decision that endedlegal segregation, Kluger has updated his work with a new finalchapter covering events and issues that have arisen since the bookwas first published, including developments in civil rights andrecent cases involving affirmative action, which rose directly outof Brown v. Board of Education.
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.
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
Sweeping and important.... Provides a fascinating vision ofjustice and history. --The Washington Post Book World From the head of the U.S. Civil Rights Commission comes alandmark study of the ways in which prejudice has shaped Americanjustice from the Civil War era to the present. With an ear tuned tothe social subtext of every judicial decision, Mary Frances Berryexamines a century's worth of appellate cases, ranging from anineteenth-century Alabama case in which a white woman was deniedher divorce petition because an affair between a white man (herhusband) and a black woman (his lover) was "of no consequence," tosuch recent, high-profile cases as the William Kennedy Smith andO.J. Simpson trials. By turns shocking, moving, ironic, and tragic,each tale ends in the laying down of law. And because the lawperpetuates myths of race, gender, and class, they are stories thataffect the lives of us all.
“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
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.
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.
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
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
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
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
Bestselling author James B. Stewart's newsbreakinginvestigation of our era's most high-profile perjurers, revealingthe alarming extent of this national epidemic. Our system of justice rests on a simple proposition: thatwitnesses will raise their hands and tell the truth. In TangledWebs, James B. Stewart reveals in vivid detail the consequences ofthe perjury epidemic that has swept our country, undermining thevery foundation of our courts. With many prosecutors, investigators, and participants speakingfor the first time, Tangled Webs goes behind the scene of thetrials of media and homemaking entrepreneur Martha Stewart; topWhite House political adviser Lewis "Scooter" Libby; home-run kingBarry Bonds; and Wall Street money manager Bernard Madoff. The saga of Martha Stewart's conviction captured the nation, butuntil now no one has answered the most basic question: Why wouldStewart risk prison, put her entire empire in jeopardy, and lierepeatedly to government investi
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