The contention that the provision of European Directives on functional legal requirements for digital signature validity solves a core problem of electronic commerce can at best be called naive. The catch-phrase 'what holds off line, holds online' may be in tune with a general emotion towards the invasion of information technology into business; in this book it is made clear that there are no simple shortcuts for the lawyer who is concerned with authenticated digital transactions. The author first sets out to describe the main aspects of authentication technologies, presenting the technical insights needed to get to the legal semantics of functional equivalence between traditional and digital signatures. The second part of his research focuses on the usability of authentication technology and what it entails for its users. Aspects considered are: qualification as electronic signature; limitations of electronic signatures; the electronic signature as evidence; alternatives to electronic signatures; liability and the burden of proof; and, last but not least, privacy concerns. The research for this book is based on an in-depth literature study and interviews with highly qualified experts in the field. It provides valuable tools and background information not only for everyone active in or setting out on e-business in its widest concept, but also for practising lawyers and students of information technology. Dr. Maurice Schellekens is a senior researcher at the Center for Law, Public Administration and Informatization of Tilburg University. He specializes in technology law, with a special emphasis on ICT and law. This is Volume 5 in the Information Technology and Law (IT&Law) Series

Recruiting and career retention remain valid and important concerns of the US Congress and the Executive Branch in a world where the US has become involved in many military engagements in recent years with more apparently on the horizon. This book deals with the questions of pay levels, health care, retirement benefits and other aspects of the military experience. These issues take on even more significance with a military which has been downsized in numbers and upsized in electronic technology. Contents: Preface, Military Pay and Benefits; Military Health Care; Military Medical Care Services; Veterans' Pensions: Fact Sheet; Military Retirement: Major Legislative Issues; Military Technicians: The Issue of Mandatory Retirement for Non-Dual-Status Technicians. Subject Index.

'Standing Trial' focuses on the relationship between the law and the concept of the person in modern Arab societies. It directly addresses the questions of continuities, transformations and ruptures of such notions. Law performs a central function in revealing social and historical dynamics and in being itself a tool of its implementation. The introduction of Western-style legal systems partially led to a transposition of characteristics of centrality, individualism and secularism. 'Standing' Trial is the first truly interdisciplinary study of its subject, combining legal, historical and socio-legal perspectives. It is a highly original and important contribution to the study both of the language of law and the history of law in the Middle East. Contributors include Khaled Fahmy, Mohamed Nachi, Armando Salvatore, Oussama Arabi and Maurits Berger.

Appointed by Abraham Lincoln to the U.S. Supreme Court during the Civil War, Samuel Freeman Miller (1816--1890) served on the nation's highest tribunal for twenty-eight tumultuous years and holds a place in legal history as one of the Court's most influential justices. Michael A. Ross creates a colorful portrait of a passionate man grappling with the difficult legal issues arising from a time of wrenching social and political change. He also explores the impact President Lincoln's Supreme Court appointments made on American constitutional history.

Best known for his opinions in cases dealing with race and the Fourteenth Amendment, particularly the 1873 Slaughter-House Cases, Miller has often been considered a misguided opponent of Reconstruction and racial equality. In this major reinterpretation, Ross argues that historians have failed to study the evolution of Miller's views during the war and explains how Miller, a former slaveholder, became a champion of African Americans' economic and political rights. He was also the staunchest supporter of the Court of Lincoln's controversial war measures, including the decision to suspend such civil liberties as habeas corpus.

Although commonly portrayed as an agrarian folk hero, Miller in fact initially foresaw and embraced a future in which frontier and rivertown settlements would bloom into thriving metropolises. The optimistic vision grew from the free-labor ideology Miller brought to the Iowa Republican Party he helped found, one that celebrated ordinatry citizens' right to rise in station an driches. Disillusioned by the eventual failure of the boomtowns and repelled by the swelling coffers of eastern financiers, corporations, and robber barons, Miller became an insistent judicial voice for western Republicans embittered and marginalized in the Gilded Age.

The first biography of Miller since 1939, this welcome volume draws on Miller's previously unavailable papers to shed new light on a man who saw his dreams for America shattered but whose essential political and social values, as well as his personal integrity, remained intact.

"Technology has always fascinated me. Gemini, Apollo, and Star Trek all captivated me as a kid. I managed to marry both law and technology by becoming a tech lawyer." So are we introduced to columnist and practicing lawyer Mark Grossman. Based on a series of previously published articles, Technology Law adopts a reader-friendly approach to the problems and issues faced by those of us who depend on technology to make a living-in other words, just about everyone! Written in the first person, it transitions easily between explanations of why certain laws exist (and what they mean) and suggestions for responding responsibly and effectively.

The issue of private property and the rights it confers remain almost undiscussed in critiques of globalization and free market economics. Yet property lies at the heart of an economic system geared to profit maximization. The authors describe the historically specific and self-consciously explicit manner in which it emerged. They trace this history from earliest historical times and show how, in the hands of Thomas Hobbes and John Locke in particular, the notion of private property took on its absolutist nature and most extreme form--a form which neoliberal economics is now imposing on humanity worldwide through the pressures of globalization. They argue that avoiding the destruction of people's ways of living and of nature requires reshaping our notions of private property. It also examines the practical ways for social and ecumenical movements to press for alternatives.

It is said that at the start of the 21st century a certain indifference and lethargy characterise many European states. This is supposedly attributable partly to the peace and affluence secured within the EC, but otherwise to doubts regarding the ways towards and objectives of further European integration. The emphasis on national identity on the one hand and hopes for a 'united states of Europe' on the other is an insurmountable paradox which produces its own dynamic. It seems almost impossible to reconcile these opposing concepts in a way which will find acceptance among the majority of the people. The concern of this book is to re-establish the European idea and to show that the EU member states can build upon common elements to create a European identity so as to work together and complete the tasks which confront them all. This book indicates the initial components of a European concept of legislation and judicial interpretation, required if European integration is to develop into a force for positive change. Together with increased transparency and further democratisation, a method of European legislation and judicial interpretation is essential for the legitimacy and persuasiveness of law. Only such a law will be truly accepted by the citizens of Europe and can be the motor of a strengthened sense of shared community, the basis for a European identity.

Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes--indispensable to citizen activists and to business and government leaders.

In 2002 Congress enacted the Bipartisan Campaign Reform Act (BCRA), the first major revision of federal campaign finance law in a generation. In March 2001, after a fiercely contested and highly divisive seven-year partisan legislative battle, the Senate passed S. 27, known as the McCain-Feingold legislation. The House responded by passing H.R. 2356, companion legislation known as Shays-Meehan, in February 2002. The Senate then approved the House-passed version, and President George W. Bush signed BCRA into law on March 27, 2002, stating that the bill had "flaws" but overall "improves the current system of financing for federal campaigns." The Reform Act was taken to court within hours of the President's signature. Dozens of interest groups and lawmakers who had opposed passage of the Act in Congress lodged complaints that challenged the constitutionality of virtually every aspect of the new law. Following review by a special three-judge panel, the case is expected to reach the U.S. Supreme Court in 2003. This litigation constitutes the most important campaign finance case since the Supreme Court issued its decision in Buckley v. Valeo more than twenty-five years ago. The testimony, submitted by some of the country's most knowledgeable political scientists and most experienced politicians, constitutes an invaluable body of knowledge about the complexities of campaign finance and the role of money in our political system. Unfortunately, only the lawyers, political scientists, and practitioners actually involved in the litigation have seen most of this writing -until now. Inside the Campaign Finance Battle makes key testimony in this historic case available to a general readership, in the process shedding new light on campaign finance practices central to the congressional debate on the reform act and to the landmark litigation challenging its constitutionality.

The new reference series, Landmark Events in U.S. History, uses both contributed essays from eminent scholars and excerpts of primary source documents with explanatory headnotes to focus on critical events in American political history and explain how it came about and why it continues to play such a vital role in the history and political evolution of the United States. The first three books in the series are Marbury versus Madison, The Louisiana Purchase, and The Declaration of Independence. Marbury versus Madison combines documents and analytical essays timed for the bicentennial year (2003) of one of the most important Supreme Court cases. This timely collection will explain: the constitutional, political, philosophical background to judicial review the historical record leading to this landmark case the impact of the decision since 1803 its impact on the world stage, especially for new and emerging democratic nations. Also includes a listing of all the Supreme Court cases citing Marbury an annotated Marbury v. Madison.

A bomb, an anarchist's 'accidental death', the murder of a police commissar, and the confession of a former member of Lotta Continua led to seven dubious court cases and a tale of political opportunism and dishonesty. Standing in the tradition of Emile Zola's famous J'accuse polemic against the Dreyfus trial at the end of the nineteenth-century, the historian Carlo Ginzburg draws on his work on witchcraft trials in the sixteenth- and seventeenth-centuries to dissect the weaknesses and contradictions of the state's case in this late-twentieth-century political show-trial and reflects more generally on the similarities and differences between the roles of the historian and the judge.

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.

Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

This innovative study considers how approximately seven thousand male graduates of law came to understand themselves as having a legitimate claim to authority over nineteenth-century Brazilian society during their transition from boyhood to manhood.
While pursuing their traditional studies at Brazil's two law schools, the students devoted much of their energies to theater and literature in an effort to improve their powers of public speaking and written persuasion. These newly minted lawyers quickly became the magistrates, bureaucrats, local and national politicians, diplomats, and cabinet members who would rule Brazil until the fall of the monarchy in 1889.

Andrew J. Kirkendall examines the meaning of liberalism for a slave society, the tension between systems of patriarchy and patronage, and the link between language and power in a largely illiterate society. In the interplay between identity and state formation, he explores the processes of socialization that helped Brazil achieve a greater measure of political stability than any other Latin American country.

A landmark narrative of an epic legal battle, Civil Warriors is the gripping behind-the-scenes account of how one tenacious lawyer led the charge against the titans of the tobacco industry.

Drawing on five years of eyewitness reporting, thousands of pages of internal documents, and riveting firsthand stories of plaintiffs, lawyers, jurors, and scientists, Civil Warriors weaves the compelling story of attorney Ron Motley, who, along with other die-hard lawyers, scientists, and tobacco-busters, fought tirelessly to bring the tobacco industry to justice.

Taking us onto the front lines of Motley’s crusade, investigative journalist Dan Zegart follows the attorney to a dangerous underworld where maverick scientists and corporate whistle-blowers step from the shadows to reveal the truth behind the industry “spin.”

We meet the unforgettable cast of characters that draw Motley on toward his goals ... the mysterious ex-Reynolds employee known as “Deep Cough,” who told where evidence on nicotine-laced tobacco was hidden ... the researchers who proved the addictive nature of nicotine — and were advised by the FBI to check their cars for bombs every morning.

And we witness how Ron Motley led his quest for truth, justice, and hundred-billion-dollar awards ... to penetrate, finally, the “control room of the conspiracy,” an inner circle of lawyers who protected tobacco for thirty years. Civil Warriors is at once a grand adventure and a towering work of investigative journalism — an eye-opening report on the way justice really works in America today.

The Third Edition of this popular anthology examines contemporary gangs, gang life, and law enforcement efforts to study and coordinate the community?s response to them. The book contains original essays from a broad array of renowned researchers and experienced practitioners who work with gangs. A wide variety of current topics and issues are covered, including: female gangs and ganging; ethnic diversity; economic, neighborhood and school contexts of gang behavior; gun and drug relationships, and research methods used in the study of gangs.

`This text represents a major contribution to the literature on crime prevention and community safety. It goes beyond existing literature in bringing together sophisticated theoretical analysis on these topics which are core issues for government at local as well as national levels. And it also brings a much needed international perspective to our understanding of the local governance of crime' - Kevin Stenson, Professor of Criminology, Buckinghamshire Chilterns University College

Crime Prevention and Community Safety provides an essential introduction to the complex issues and debates in the field of crime control and the new politics of safety and security across the globe. Collectively the contributions to this volume present a critique of current policy and open up the field of study to new directions.

While engaging with the dominant focus on `what works' in crime reduction and community safety, the book also moves beyond the traditionally narrow, technical boundaries of much previous debate.

Crime Prevention and Community Safety: New Directions looks at:

-The relationship between crime control, communities and the nation state;

-The diverse and changing sites of conflict, compromise and collusion around crime control policies;

-Wider issues relating to `risk', 'safety' and `security'.

The central feature of the volume as a whole is a commitment to exploring new directions for research and analysis, theoretically, empirically and comparatively. In opening up the varying and volatile spaces for crime prevention and community safety within the more general politics of social order, the book provides a critical rethinking of traditional connections between criminology, social policy and politics.

Crime Prevention and Community Safety will be essential reading for students of criminology, criminal justice, community safety, socio-legal studies, sociology of crime and deviance and social policy.

This is a course Reader for The Open University course D863 Community Safety, Crime Prevention and Social Control

The purpose of this book is to compare and analyse covenantal and contractual models, which are used to arrange and order complex relationships of the business corporation. This book will show that covenant and contract are different concepts for envisioning responsible relationships, and that covenantal interpretation is superior to contractual interpretation. The difference and superiority of the covenantal model comes from its connectional understanding of human nature, the purpose of the business corporation, and moral values. Thus, this book argues that business relationships based upon making a 'covenant' with others expand reasonability beyond legal contract, and integrate moral commitment and theological vision into the business realm.

This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000, and is the first in the series "Modern Studies in Property Law." The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics is discussed, this time including land registration in the Nordic countries, and the re-privatization of land in Eastern Europe.

This classic study deals with the theory and practice of Islamic law in both the formative classic and modern periods and over a range of societies. It is divided into four sections dealing with legal theory; fatwas and muftis in classical Islamic law; the position of religious minorities under Islamic law, and modern developments in Islamic law. The book explores the concept of Ijtihad, or juristic disgression--the process through which a jurist apprehends God's law and can turn it into a legal ruling--and how this has influenced the formulations of law in both Sunni and Shi'i Islam. The subject is viewed from an historical as well as a theoretical angle.

In The Limits of the Rule of Law in China 12 authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context.

The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People's Republic of China.

Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss-constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law's long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions-both seekers after truth-interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance-they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.

Electronic information networks offer extraordinary advantages to business, government, and individuals in terms of power, capacity, speed, accessibility, and cost. But these same capabilities present substantial privacy issues. With an unprecedented amount of data available in digital format--which is easier and less expensive to access, manipulate, and store--others know more about you than ever before.

Consider this: data routinely collected about you includes your health, credit, marital, educational, and employment histories; the times and telephone numbers of every call you make and receive; the magazines you subscribe to and the books your borrow from the library; your cash withdrawals; your purchases by credit card or check; your electronic mail and telephone messages; where you go on the World Wide Web. The ramifications of such a readily accessible storehouse of information are astonishing.

Governments have responded to these new challenges to personal privacy in a wide variety of ways. At one extreme, the European Union in 1995 enacted sweeping regulation to protect personal information; at the other extreme, privacy law in the United States and many other countries is fragmented, inconsistent, and offers little protection for privacy on the internet and other electronic networks.

For all the passion that surrounds discussions about privacy, and the recent attention devoted to electronic privacy, surprisingly little consensus exists about what privacy means, what values are served--or compromised--by extending further legal protection to privacy, what values are affected by existing and proposed measures designed to protect privacy, and what principles should undergird a sensitive balancing of those values.

In this book, Fred Cate addresses these critical issues in the context of computerized information. He provides an overview of the technologies that are provoking the current privacy debate and discusses the range of legal issues that these technologies raise. He examines the central elements that make up the definition of privacy and the values served, and liabilities incurred, by each of those components. Separate chapters address the regulation of privacy in Europe and the United States. The final chapter identifies four sets of principles for protecting information privacy. The principles recognize the significance of individual and collective nongovernmental action, the limited role for privacy laws and government enforcement of those laws, and the ultimate goal of establishing multinational principles for protecting information privacy.

Privacy in the Information Age involves questions that cut across the fields of business, communications, economics, and law. Cate examines the debate in provocative, jargon-free, detail.

Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is, and how judges decide what it means. The Constitution, he observes, grants individual rights in extremely abstract terms. The First Amendment prohibits the passing of laws that "abridge the freedom of speech"; the Fifth Amendment insists on "due process of law"; and the Fourteenth Amendment demands "equal protection of the laws" for all persons. What does that abstract language mean when it is applied to the political controversies that divide Americans-about affirmative action and racial justice, abortion, euthanasia, capital punishment, censorship, pornography, and homosexuality, for example? Judges, and ultimately the justices of the Supreme Court, must decide for everyone, and that gives them great power. How should they decide? Dworkin defends a particular answer to that question, which he calls the "moral reading" of the Constitution. He argues that the Bill of Rights must be understood as setting out general moral principles about liberty and equality and dignity, and that private citizens, lawyers, and finally judges must interpret and apply those general principles by posing and trying to answer more concrete moral questions. Is freedom to choose abortion really a basic moral right and would curtailing that right be a deep injustice, for example? Why? In the detailed discussions of individual constitutional issues that form the bulk of the book, Dworkin shows that our judges do decide hard constitutional cases by posing and answering such concrete moral questions. Indeed he shows that that is the only way they can decide those cases. But most judges-and most politicians and most law professors-pretend otherwise. They say that judges must never treat constitutional issues as moral issues because that would be "undemocratic"-it would mean that judges were substituting their own moral convictions for those of Congressmen and state legislators who had been elected by the people. So they insist that judges can, and should, decide in some more mechanical way which involves no fresh moral judgment on their part. The result, Dworkin shows, has been great constitutional confusion. Is the premise at the core of this confusion really sound? Is the moral reading-the only reading of the American Constitution that makes sense-really undemocratic? In spirited and illuminating discussions both of the great constitutional cases of recent years, and of general constitutional principles, Dworkin argues, to the contrary, that the distinctly American version of government under principle, based on the moral reading of the Constitution, is in fact the best account of what democracy really is.

In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes - a history that concedes far too much power to the laws and courts of the 'conqueror'. Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, "Braid of Feathers" goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a 'geography of hope,' one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity - to create solidarity, not undo difference.

Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts. McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks. In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, "In Search of Equality" brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.