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.

`This is good value for trainees and experienced practitioners alike, provoking reflection and providing a useful reference source' - Sally Scott, Healthcae Counselling and Psychotherapy Journal

Counsellors and psychotherapists are increasingly seeing the impact of legal issues on their practice and yet many feel under-prepared for the challenges they have to face. Legal Issues in Counselling & Psychotherapy is a much-needed source of advice and reference which examines the rapidly growing range of situations in which therapists find themselves in contact with the law - in their everyday practice, in specialist work, or when facing a legal case against them.

The first part covers the current legal context of therapeutic work including confidentiality, contracts, data protection and court reports. Chapters include: defining work by leading writers from the therapeutic and legal worlds, as well as an illuminating account by a client who brought a successful case against her therapist.

Some areas of therapeutic work are particularly circumscribed by legal issues and the second part examines the specific implications for therapists in relation to:

- working with survivors of sexual abuse

-working in legal settings

-false memory

-the Human Rights Act.

Looking to the future, the book also examines the implications of professional regulation for all counsellors and psychotherapists.

The need for counsellors and psychotherapists to be well informed about the law is rapidly growing. Legal Issues in Counselling & Psychotherapy therefore provides access to essential information which will be of great value to trainees, practitioners and supervisors.

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.

`An excellent reader. It contains all the basic ingredients of a superb teaching book with the qualities of a thought-provoking text.... Should be required reading for all students of criminal justice policy and it will be a valuable teaching resource for all those involved in the delivery of courses on young people, justice and punishment' - Punishment and Society

`This is a valuable student text; carefully collated and with an abuntant array of material... and will surely become a widely used course reader. For the practitioner and general reader it is a book to dip into, a means to access debates and remind oneself of the ebb and flow of policy' - Youth Justice

Youth Justice brings together for the first time the most influential international contributors to the emergent field of youth justice studies.

Youth Justice provides:

· a critical introduction to the intellectual reframing of the history, theory, policy and practice of youth justice.

· an essential resource of key debates and controversies from across the range of disciplines engaged in the study of youth in the social sciences

· editorial essays at the beginning of each substantive section of the

volume

· specially commissioned chapters at the end of each section, which place the readings in their theoretical and historical context.

The Reader is the set text for The Open University course, Youth Justice, Penality and Social Control (D864).

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.

Antitrust in Germany and Japan presents an innovative, comparative analysis of the development and enforcement of two antitrust regimes, illustrating how each was shaped by American occupation strategies and policies following World War II. First imposed in 1947, the anti-trust controls in Germany and Japan were the world's first outside the United States. Those enacted in Japan continue in force, whereas in Germany, following a decade of debate, the occupation legislation was superseded in 1975 by the Law Against Restraints of Competition.

This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions.

Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan.

This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.

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.

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.

Health, safety, and environmental regulations have been traditionally perceived as distinct entities from trade policy, yet today they have become intertwined on a global scale. In this pioneering work, David Vogel integrates environmental, consumer, and trade policy, and explicitly challenges the conventional wisdom that trade liberalization and agreements to promote free trade invariably undermine national health, safety, and environmental standards. Vogel demonstrates that liberal trade policies often produce precisely the opposite effect: that of strengthening regulatory standards. The most comprehensive account of trade and regulation on a global scale, this book analyzes the regulatory dimensions of all major international and regional trade agreements and treaties, including GATT, NAFTA, the Free Trade Agreement between Canada and the United States, and the treaties that created the European Community and Union. He explores in depth some of the most important trade and regulatory conflicts, including the GATT tuna-dolphin dispute, the EC's beef hormone ban, the Danish bottle case, and the debate in the United States over the regulatory implications of both NAFTA and GATT. This timely book unravels the increasingly important and contentious relationship between trade and environmental, health, and safety standards, paying particular attention to the politics that underlie trade and regulatory linkages. Trading Up is essential reading for the business community, policymakers, environmentalists, consumer interest groups, political scientists, lawyers, and economists.

Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.

Pollock and Maitland's classic The History of English Law before the time of Edward I is perhaps unique amongst late Victorian historical works in remaining the fundamental text on its subject a hundred years later. The current volume gathers leading legal historians to celebrate Maitland's achievement, to analyse his methods, to assess his legacy, and to suggest new directions for research into the history of English law before the reign of Edward I.

In 1894, disturbed by the blatant collusion between the courts and industry against labor during the Pullman Strike, Clarence S. Darrow (1857-1938) resigned from his lucrative job as chief counsel for the Chicago and North Western Railway to defend, without fee, Eugene V. Debs, president of the nascent American Railway Union. His bold action - the first of many - marked the beginning of one of the most extraordinary and influential legal careers in American history. In The Story of My Life he recounts, and reflects on, his more than fifty years as a corporate, labor, and criminal lawyer, including the most celebrated and notorious cases of his day: establishing the legal right of a union to strike in the Woodworkers' Conspiracy Case; exposing, on behalf of the United Mine Workers, the shocking conditions in the mines - and the widespread use of child labor; defending Leopold and Loeb for the Chicago "thrill" murder; defending a teacher's right to present the Darwinian theory of evolution in the famous "monkey" trial; fighting racial hatred in the Sweet anti-Negro and Scottsboro cases; and much more. Written in his disarming, conversational style, and full of refreshingly relevant views on capital punishment, civil liberties, and the judicial system, Darrow's autobiography is a fitting final summation of a remarkable life.

What can law firms do to ensure justice for all? How can they serve the needs of those unable to pay? How can law firms improve the quality of life for their lawyers? At a time when government support for legal aid is limited and under fire, when recent U.S. presidents have urged increased volunteerism, when the American Bar Association's Law Firm Pro Bono Challenge is under way, and when some within the legal profession have called for mandatory pro bono work, this new book examines these important questions. The Law Firm and the Public Good blends academic scholarship with real world experience as it brings together lawyers who have wrestled with the pressures of everyday practice. Concerned about deepening the commitment of large law firms to the wider community, the authors seek to provide a blueprint for firms concerned with creating, developing, implementing, and evaluating pro bono programs. Moving beyond the ethical arguments which justify a law firm's commitment to community service, the authors argue that pro bono work is in the firm's self-interest. They show that a heightened concern with the public good can improve a lawyer's spirit, sharpen lawyering skills, and enhance the humanistic traditions of law practice. They conclude that professional responsibility and self- interest support the same conclusion: that the law firm and the public good are inextricably linked and that each can draw strength from the other in ways that nourish both. The contributors are William A. Bradford, Jr., Hogan & Hartson; Senior Circuit Judge Frank M. Coffin, U.S. Court of Appeals for the First Circuit; Anthony F. Earley, Jr., Detroit Edison; Marc Galanter, University of Wisconsin-Madison; Donald W. Hoagland, Davis, Graham & Stubbs; William C. Kelly, Jr., Latham & Watkins; Esther F. Lardent, director of the ABA's Law Firm Pro Bono Project; Edwin L. Noel, Armstrong, Teasdale, Schlafly & Davis; Thomas Palay, University of Wisconsin-Madison; Judge Barrington D. Parker, Jr., U.S. District Court, Southern District of New York; and Lewis F. Powell, III, Hunton & Williams.