Judges don't just discover the law, they create it. A renowned and much-used analysis of the process of judicial decision-making, now in a library-quality cloth edition with modern formatting and presentation. Includes embedded page numbers from the original 1921 edition for continuity of citations and syllabi. Features a new, explanatory Foreword by Justice Cardozo's premier biographer, Andrew L. Kaufman, senior professor at Harvard Law School and author of "Cardozo" (Harvard Univ. Press, 1998).Justice Benjamin Nathan Cardozo (1870-1938) offered the world a candid and self-conscious study of how judges decide cases and the law - they are lawmakers and not just law-appliers, he knew - all drawn from his insights and experience on the bench in a way that no judge had done before. Asked the basic questions, "What is it that I do when I decide a case? To what sources of information do I appeal for guidance?," Cardozo answered them in his methodical, rich, and timeless prose, explaining the proper use of such decisional tools as logic and analogy to precedent; analysis of history and tradition; application of public policy, community mores, and sociology; and even the subconscious forces that drive judges' decisions. This book has impacted the introspective examination of the lawmaking process of the courts in a way no other book has had. It continues to be read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers - among others interested in how judges really think and the tools they employ.Judges are people, and lawmakers, too. "The great tides and currents which engulf the rest of men, do not turn aside in their course, and pass the judges by. We like to figure to ourselves the processes of justice as coldly objective and impersonal. The law, conceived of as a real existence, dwelling apart and alone, speaks, through the voices of priests and ministers, the words which they have no choice except to utter. ...It has a lofty sound; it is well and finely said; but it can never be more than partly true." Beyond precedential cases and tradition, judges make choices, using methods of analysis and biases that ought to be examined.Famous at the time for his trenchant and fluid opinions as a Justice on New York's highest court - he is still studied on questions of torts, contracts, and business law - and later a Justice of the U.S. Supreme Court, Cardozo filled the lecture hall at Yale when he finally answered the frank query into what judges do and how do they do it. The lectures became a landmark book and a source for all other studies of the ways of a judge. Brought to a new generation by Professor Kaufman, and presented as part of the properly formatted Legal Legends Series of Quid Pro Books, this edition is the understandable and usable rendition of a classic work of law and politics.

Canada a Nation in Motion is a bold look at issues facing Canada today from the perspective of a Canadian who truly understands the issues. In his special blend of analysis, humor and wit, Samy Appadurai offers up an intelligent discussion of issues ranging from the history of immigration in Canada, the G20 Summit and the Vancouver Olympics to the position of Canada on the world stage. Along with masterful storytelling, Samy provides a detailed analysis and commentary on each subject he covers in a way that anyone can easily understand. The perspective that Samy Appadurai takes is one of a well respected community leader who has dedicated his life to not only serving his community, but also his country. His belief in the importance of learning about the issues that face Canada as a nation is clear. However, he is not afraid to take a stand and provide an alternative point of view in order to spark conversation and debate. Canada is a country that is constantly changing from within and without but Samy Appadurai tells us exactly what it is that keeps Canada moving.

In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a "Left Wing Manifesto," a publication inspired by the Russian Revolution. He was charged with violating New York's Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating to the violent overthrow of government. Gitlow argued that the law violated his right to free speech but was still convicted. He appealed and five years later the Supreme Court upheld his sentence by a vote of 7-2.

Throughout the legal proceedings, much attention was devoted to the "bad tendency" doctrine-the idea that speakers and writers were responsible for the probable effects of their words-which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, "A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means."

More important was Justice Oliver Wendell Holmes' dissent, in which he argued that the mere expression of ideas, separated from action, could not be punished under the "clear and present danger" doctrine. As Holmes put it, "Every idea is an incitement"--and the expression of an idea, no matter how disagreeable, was protected by the First Amendment. While the majority disagreed, it also raised and endorsed the idea that the Bill of Rights could be violated by neither the federal government nor individual states--an idea known as "incorporation" that was addressed for the first time in this case.

In recreating Gitlow, Marc Lendler opens up the world of American radicalism and brings back into focus a number of key figures in American law: defense attorney Clarence Darrow; New York Court of Appeals justices Roscoe Pound and Benjamin Cardozo; Walter Pollak of the fledgling ACLU; and dissenting justices Oliver Wendell Holmes and Louis Brandeis. Lendler also traces the origins of the incorporation doctrine and the ebb and flow of Gitlow as a precedent through the end of the Cold War.

In a time when Islamic radicalism raises many of the same questions as domestic Communism did, Lendler's cogent explication of this landmark case helps students and Court-watchers alike better understand "clear and present danger" tests, ongoing debates over incitement, and the importance of the Holmes-Brandeis dissent in our jurisprudence.

This book offers an in-depth analysis of the function of certification in general and of certification systems in a range of different sectors. The authors examine certification from both a theoretical and a practical standpoint and from the perspectives of different disciplines, including law, economics, management, and the social sciences. They also discuss instruments that help ensure the quality of certification, which can range from public law measures such as accreditation, to private law incentives, to deterrents, such as liability towards victims. Further, they assess the role of competition between certification bodies. Readers will learn the commonalities as well as the necessary distinctions between certification bodies in various fields, which may stem from the different functions they serve. These similarities and differences may also be the result of different types of damage that the certified producer or service provider could potentially cause to individuals or to the public at large. Often, companies use certification bodies as an argument to assure the general public, e.g. regarding the safety of medical products. Closer inspection reveals, however, that sometimes certification bodies themselves lack credibility. The book offers essential information on the benefits and pitfalls associated with certification.

Vernon Bogdanor once told The Guardian that he made 'a living of something that doesn't exist'. He also quipped that the British Constitution can be summed up in eight words: 'Whatever the Queen in Parliament decides is law.' That may still be the case, yet in many ways the once elusive British Constitution has now become much more grounded, much more tangible and much more based on written sources than was previously the case. It now exists in a way in which it previously did not. However, though the changes may seem revolutionary, much of the underlying structure remains unchanged; there are limits to the changes. Where does all this leave the Constitution? Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. While also a Festschrift in honour of Vernon Bogdanor, this book is above all a comprehensive compendium on the present state of the British Constitution. 'The new constitutional politics has spawned a new constitutional scholarship. This stimulating collection, skilfully put together by Matt Qvortrup, works both as a welcome snapshot of where we are now and as an expert audit, from specialists in law, history and political science, of the deeper issues and of the complex dynamics of continuity and change in the ongoing refashioning of Britain's constitutional architecture.' Kevin Theakston, Professor of British Government, University of Leeds 'The highly distinguished team of scholars assembled by Matt Qvortrup has produced a deeply thought-provoking collection on the profound constitutional changes that have occurred in the UK over the last twenty years. A book worthy of reaching a very wide readership.' Roger Scully, Professor of Political Science, Cardiff University 'Vernon Bogdanor understands like few others the connections between history, politics and institutions - and that is what makes him such an authority on the British system of government.' The Rt Hon David Cameron MP, Prime Minister 'I think Vernon's guiding principle at Brasenose was to treat all his students as if they might one day be Prime Minister. At the time, I thought this was a bit over the top, but then a boy studying PPE at Brasenose two years beneath me became Prime Minister.' Toby Young, The Spectator

Using a key religious freedom Act, the book analyzes legislative process, Supreme Court jurisprudence, and discusses the role of religion in public life. "Religious Free Exercise and Contemporary American Politics" explains why the Religious Land Use and Institutionalized Persons Act (RLUIPA) had to undergo a major metamorphosis in order to win approval. The book uses this episode as a window onto the dynamics of modern constitutional politics, specifically the constitutional politics of free exercise. The book argues that, although free exercise of religion remains an important value in American politics, it has been severely buffeted by both liberal individualism and identity politics. The former equates religious 'choice' with all other types of choices one makes in life, the latter sees religious identity as equivalent to racial, ethnic, gender, or sexual orientation identities. These two views coalesced in the late 1990s to force major modifications in the proposed Religious Liberty Protection Act, succeeding in limiting its reach only to prisoners and land use disputes. Written in an accessible manner for students of politics and religion as well as constitutional politics and law, the book offers a unique perspective on religious freedom in American politics.

The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament - through legislating about the legislative process - to revitalise the UK's political constitution.

This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost exclusively upon the EU in the context of the (failed) Constitutional Treaty of 2003-5 and the subsequent Treatyof Lisbon. The premise of the book is that this focus, while indispensable, offers only a partial vision of the complex constitutional terrain of contemporary Europe. In addition, it is essential to explore other threads of normative authority within and across states, embracing internal challenges to state-level constitutional regimes; the growing jurisprudential assertiveness of the Council of Europe regime through the ECHR and various democracy-building measures; as well as Europe's ever thicker relations, both with its border regions and with broader international institutions, especially those of the United Nations. Together these developments create increasingly dense networks of constitutional authority within the European space. This fluid and multi-dimensional dynamic is difficult to classify, and indeed may seem in many ways impenetrable, but that makes the explanatory challenge all the more important and pressing. Without this fuller picture it becomes impossible to understand the legal context of Europe today or the prospects of ongoing changes. The book brings together a range of experts in law, legal theory and political science from across Europe in order to address these complex issues and to supply illustrative case-studies in the topical areas of the constitutionalisation of European labour law and European criminal law.

The Lawyers' Guide to Personal Injury Law is an instructional textbook for attorneys who want to become experts in the field of negligence law. The book provides a comprehensive analysis of the law in a multitude of areas within the field, including the various types of construction accidents, motor vehicle accidents, premises accidents, and more. The Lawyers' Guide to Personal Injury Law also provides a detailed roadmap - from intake through trial - to successfully litigating each of these claims and, ultimately, maximizing monetary compensation for accident victims and their families.

The definitive account of an icon who shaped gender equality for all women. In this comprehensive, revelatory biography - fifteen years of interviews and research in the making - historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg's passion for justice, her advocacy for gender equality, and her meticulous jurisprudence. At the heart of her story and abiding beliefs was her Jewish background, specifically the concept of tikkun olam, the Hebrew injunction to 'repair the world', with its profound meaning for a young girl who grew up during the Holocaust and World War II. Ruth's journey began with her mother, who died tragically young but whose intellect inspired her daughter's feminism. It stretches from Ruth's days as a baton twirler at Brooklyn's James Madison High School to Cornell University to Harvard and Columbia Law Schools; to becoming one of the first female law professors in the country and having to fight for equal pay and hide her second pregnancy to avoid losing her job; to becoming the director of the ACLU's Women's Rights Project and arguing momentous anti-sex-discrimination cases before the US Supreme Court. All this, even before being nominated in 1993 to become the second woman on the Court, where her crucial decisions and dissents are still making history. Intimately, personably told, this biography offers unprecedented insight into a pioneering life and legal career whose profound impact will reverberate deep into the twenty-first century and beyond.

Decades of experience and expertise in one text, delivering an accessible and comprehensive grounding in Public Law for all law students and practitioners. Bradley, Ewing and Knight Constitutional and Administrative Law, 18th edition is the latest version of one of the UK's best-known textbooks in law, offering you unique expert analysis coming from a team of leading figures in the field. Well-known for its authority and reliability, the book has been widely recognised and cited by courts at almost every level in the United Kingdom, including the Supreme Court, as well as courts in other jurisdictions. This comprehensive text reflects the framework of contemporary constitutional and administrative or public law modules. It provides unrivalled detail and a range of knowledge in its field, by dividing the study into four parts: i) the core principles of the constitution, ii) the institutions of government, iii) civil liberties and human rights, and iv) judicial review and legal accountability of government. The organisation and structure of the textbook make it relevant for multiple modules, whether you are studying a general, Year 1 course or a more advanced course on Civil Liberties, Human Rights, and Administrative Law. This latest edition provides you with a detailed understanding of the key, essential cases that have influenced UK's constitution via a range of extended summaries, prompting individual reflection and group discussion in class. As it continues to evolve, reflecting the major changes in the field, this textbook is the definitive guide on all aspects of the constitution and an essential tool for the students who intend to practice the relevant fields in law. "A traditional textbook with a contemporary feel." Professor Stephen Bailey, University of Nottingham Pearson, the world's learning company.

Magna Carta ITS ROLE IN THE MAKING OF THE ENGLISH CONSTITUTION 1300-1629 by FAITH THOMPSON Associate Professor of History University of Minnesota THE UNIVERSITY OF MINNESOTA PRESS, Minneapolis LONDON GEOFFREY CTTMBEKLBGB OXFORD UNIVERSITY PRESS Copyright 1948 by the UNIVERSITY OF MINNESOTA All rights reserved. No part of this book may be reproduced in any form without the written permission of the publisher. Permission is hereby granted to review ers to quote brief passages in a review to be printed in a magazine or newspaper. Second Printing 1950 Old London Bridge From Gordon Homes Old London Bridge Job Lane the Bodley Head Ltd, PREFACE Magna Carta is well called the oldest of liberty, documents. It has come to serve as the prototype of all bills of rights, a symbol, a slogan that conies readily to the tongue of a public speaker. Its history, in these days when human progress seems to depend on the success of a world charter, may seem of mere antiquarian interest. Yet the New Yor Times of January n, 1946, saw fit to devote nearly a column to a description of the ceremony in which Dr. Luther H. Evans, Librarian of Congress, handed to his majes tys minister, John Balfour, one of the original parchment copies of the Great Charter for return to the Dean and Chapter of Lincoln Cathedral. Of the Charter, during its stay in the United States, Dr. Evans said Fifteen million Americans have made pilgrimage to see it American arms have been its guard. Mr. Balfour termed the Charter the forefather of the British and American bills of rights, the American Habeas Corpus Act, and the Declaration of Independence. The Federal Constitution of the United States, Mr. Balfour said, contained many of itsprovisions and even some of its actual words and this in turn has been the model for many constitutions in many lands. The line of descent extends to our time and we can, without flight of fancy, trace as an authentic offspring the preamble to the Charter of the United Nations. Here is a lineage without equal in human history. For this we honor the Great Charter, and for this, not as Britons or as Americans, but as members of the whole brotherhood of free peoples, we give our thanks to the Librarians of Congress for the care with which during these momentous years, they have guarded a document that is beyond re placement and above price. Magna Carta is not the private property of the British people. It belongs equally to you and to all who at any time and in any land have fought for freedom under the law. la the words of Professor A. B. White Today we study its history, yes terday it was our political Bible. If it became something of a myth few would question that the myth has been beneficent and still is. It was through Professor White that my interest in Magna Carta history was first awakened while preparing under his direction at the University of Minnesota a doctoral dissertation, published as The First Century of Magna Carta These studies attempt to trace through three more centuries the varied uses and increasingly significant interpretations of the famous document. It is a pleasure to express to Professor White my gratitude for his continued in terest and stimulating suggestions, and for reading parts of the manuscript. VI PREFACE The opportunity to use valuable sources available only in England was made possible by a Guggenheim Fellowship for the year 1938-39, For this I expresshearty thanks to the foundation, as well as to the Graduate School of the University of Minnesota for a grant-in-aid for a research assistant. I am indebted to Mr. Pulling of the Harvard Law Library, and to Professor Bade and Miss Caroline Brede of the University of Minnesota Law Library, for permission and aid in using their remarkable collections of early printed law books. Acknowledgment is also due the Treasurer and Masters of the Bench of the Inner Temple for permission to use certain Inner Temple Library manuscripts...