This volume is a thematic study in legal history that uses past and present landmark court cases to analyze the legal and historical development of moral regulatory policies in America and resulting debates. Using a critical variable approach, the book demonstrates how different elements of the legal process have historically influenced the litigation of various moral issues. Five moral policies are included: abortion, sodomy, pornography, criminal insanity, and the death penalty. The book's framework for analysis uses examples from English legal history and links them to American cases, demonstrating how moral regulatory policies are impacted by the legal process: by laws, by judges and juries, by legal scholars, and by attorneys.

Following a brief introduction, Chapter 1 examines how protagonists in the bitter moral and legal controversy over abortion in America have sought to fortify their positions with the views of prominent English legal authorities. The authors discuss the role of English legal scholars in court opinion and oral arguments in Webster and in Roe v. Wade, and debates Roe's interpretation of the English legalists. Chapter 2 describes how attempts to expand a right of privacy under the federal Constitution to include sodomy failed the test for common law rights (Rights of Englishmen) in Bowers v. Hardwick (1986), and includes a history of sodomy in early English and American law. Chapter 3 discusses pornography standards and laws, highlighting the history of legal actions taken against Memoirs of a Woman of Pleasure in both England and the U.S., demonstrating the role of precedent in American judicial efforts to define pornography. In Chapter 4, which deals with the criminal insanity defense, the influential role of the defense attorney on case outcomes is illustrated in cases such as England's McNaughton case (1843) and America's Hinckley case (1982). Chapter 5 deals with cruel and unusual punishment throughout U.S. and English history. The book ends with an epilogue which ties together the idea of the American legal process as an inherited English process, reiterating how decisionmakers continually mine the past to find traditions and sources of moral values for justifying or criticizing current laws and policies.

Revolutionary change in Eastern Europe and the Soviet Union; civil strife in the Balkans; the heavy burden of German reunification; war in the Gulf and its dramatic aftermath; the completion of the internal market in 1992 and the management of two highly complicated Intergovernmental Conferences -- more than ever before its history, the European Community has to operate strong pressure. This volume captures these problems in a systematic way and presents suggestions as to how the Twelve could cope with them, using the Dutch EC-Presidency as a reference point. The subjects dealt with include: the EC Presidentcy in a new European settingthe European Community and the wider EuropeEuropean foreign policy and security cooperation; 1992' and the Common Transport Policy Economic and social cohension in a Community of regionsthe politics of Economic and Monetary Union. The chapters are written by experienced specialists from both the international academic world (economics, international relations, European law), as well as from the European institutions. Together they provide a comprehensive and unique survey of the profound challenges confronting the European Community in the early 1990s.

The Academy of European Law, established by the European University Institute in Florence, Italy, has as its main activity, the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. The courses, given by leading autorities in the respective fields, are published in the language in which they are delivered.

Medical advances are keeping people alive longer and, as a result, elderly people, their families and those who work with them are confronting new problems. For many, old age is the first time they must deal with government agencies, subsidies, benefit forms, lawyers, and the law. Seniors face difficulties and need someone to turn to for assistance in these matters.

In clear non-technical language, "The Aged Client and the Law" by John J. Regan explains the laws affecting the major concerns of older persons and their families. The book's two goals are to provide legal information regarding the major programs, sources, and methods for meeting the needs of older people for income, health care, and maintenance of autonomy, and to explore legal issues and problems caseworkers may encounter when assisting older clients. The broad coverage of legal concerns in this guide goes beyond mere health care issues. Sections describe:

-Social Security and public pensions

-Supplemental Security Income (SSI)

-private pensions and income tax benefits

-Medicare and health insurance

-Medicaid

-long-term care

-decision-making by and for the incapacitated

-intervention for the frail elderly

Regan provides straightforward and basic examples to facilitate understanding of the laws and regulations presented in "The Aged Client and the Law." All sections emphasize client planning rather than litigation of abstract rights. The book is current, including the latest changes in Social Security, Medicare, and Medicaid up to 1990. Providing basic legal information, Regan stresses the factors and issues the professional advisor should consider when dealing with the problems of the elderly.

America has entered its second century of antitrust law. The United States has come through the 1980s of laissez faire when antitrust had its lowest profile since the Hoover days, lawyers advised clients that anything goes, and theorists justified non-enforcement of the law by Chicago School economics--the claim that antitrust exists only to create efficiency and that business freedom creates efficiency. Meanwhile, the European Community has a developing body of antitrust law. It rejects the Chicago School as ignoring market realities, and it incorporates into its law values of opportunity, access, open markets and the right to be free from exploitation. The newly democratized European nations and Russia all have moved to market economies and adopted antitrust law in the image of the European Community, in spite of the carpet baggers trying to sell laissez faire. The Supreme Court of the United States has now reversed the swing of the U.S. antitrust pendulum, rejecting Chicago School theory in favor of market reality and accepting the fact that there is an antitrust right not to be coerced and abused by market power.

What is the intellectual foundation of this new antitrust--this law that respects efficiency, progressiveness, access, and freedom from abuse of power, and which reflects the need of business firms to be active and agile players in a global marketplace? That foundation is contained in Revitalizing Antitrust in its Second Century. This is the only book that provides the underpinnings for the new antitrust. It is the only book that helps the scholar/lawyer/business advisor/student understand the direction of antitrust and how to predict the course of the law. Four of the authors in the book were cited by the Supreme Court in its June opinion; one was cited eleven times. "Revitalizing Antitrust in its Second Century" is an indispensable volume for lawyers, economists, business advisors, sholars and students of law, economics, business and political economy.

Rapid changes in communications technology continue to characterize the industry and to necessitate repeated redefinition of the legal structures and issues which must respond to these changes. Donald E. Lively's in-depth study of communications law clarifies its basic concepts and principles. He provides a thorough survey of the press as it was originally perceived by the Constitution and how its profile has changed due to the sophisticated nature of today's media. The book shows how broadcasting, cable, and common carriage disperse a wide range of information--requiring continual monitoring to preserve the balance between responsibility and freedom of the press.

This complex issue is first studied from a broad conceptual perspective that reviews the original constitutional and non-constitutional concerns of the first amendment, followed by an analysis of how the structures of the newspaper, broadcasting, cable and common carrier industries have been regulated, and concludes with a history and evaluation of the guidelines which restrict the quantity and quality of content. The identification of trends in the ownership of twentieth century information sources and the effect of the current decentralization of ownership on the public's access to information are fully examined, and the laW's continually evolving attention to the changing dynamics within the industry evaluated for the present and projected for the future.

In dealing with recent advances in biological engineering and human reproduction, we are confronted with legal, ethical, and religious questions for which there are no precedents. Warren Freedman undertakes a comprehensive examination of this topic. Sorting through the tangle of issues surrounding artificial insemination, surrogate motherhood, and other aspects of contemporary reproduction trends, Freedman attempts to clarify the rights and responsibilities of individuals, families, and society in the face of these new developments.

The author begins with a survey of the legal implications of nontraditional approaches to conception and birth. Separate chapters are devoted to artificial insemination and surrogate motherhood; and new concepts such as cryo-preservation, in-vitro fertilization, banking of sperms and eggs, and patentable new organisms are also discussed in detail. The author addresses questions of rights and liabilities as they apply to fetuses, donors, and adoptive parents, as well as the role of physicians and parenthood organizations, researchers, corporations, and government. Following a review of existing statutes, policies, and contracts that attempt to deal with these issues both here and abroad, he presents proposals that may aid in achieving equitable, uniform solutions. Freedman's book will be of interest to any citizen, group, or government agency concerned with these vital questions, and to professionals in law, government, medicine, human services, and industry.

The entertainment business is a most democratic field, offering success to anyone who has the talent, ability, and drive to master their art. But in order to achieve this goal, an individual must also possess knowledge, particularly in the area of contracts and agreements. This work represents a comprehensive overview of the procedures, timing, and agreements used in the motion picture, television, and video industries, and provides model contracts and explanations as to why specific clauses are employed and what the mutual benefits of each may be.

The work presents the major contracts utilized in the show business industry in a manner that is readable and understandable to artists, producers, writers, directors, and other members of the entertainment community. Peter Muller breaks the contracts down to their essential elements, and offers detailed accounts of their legal implications for both parties involved. Among the contracts and agreements examined are the personal manager, agent, actor, director, and screen writer agreements; the motion picture distribution agreement; pay-per-view; licensing feature films for television syndication; international coproductions; home video license agreements; endorsements; and independent production financing. This hands-on guide to show business law will prove to be a valuable addition to public, academic, and law libraries, as well as a useful reference tool for literary and talent agencies, entertainment companies, and individuals in the entertainment industry.

This groundbreaking study is the first to apply an analytical model derived from the interest-group theory of regulation to the study of antitrust law and policy. The application of this model which stresses that government intervention in the economy will always benefit some political groups at the expense of others to the analysis of antitrust enables Shughart both to identify important trends in the antitrust arena and demonstrate which groups have benefited most from antitrust legislation. His analysis clearly shows that consumer welfare is often not enhanced by antitrust suits or legislation. Rather, well-organized private interest groups have tended to benefit more, even in cases where consumer welfare is the stated goal of legislation or policy.

Divided into three sections, the volume begins by discussing normative and positive theories of antitrust. The author provides an overview of the origins of antitrust law and policy and introduces the interest-group theory of government. The second section explores the various private interests that impinge on antitrust policy: the business community, the antitrust bureaucracy, Congress, the judiciary, and the antitrust bar. Finally, Shughart examines the political economy of antitrust. He shows how antitrust can be used to subvert competition and offers suggestions for reform in the realm of interest group politics. Students of economics and business, as well as professional economists, corporate lawyers, legislators, and business consultants, will find important new insights into the direction taken by antitrust policy during the last few decades.

Islamic law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself, asserts Joseph Schacht the internationally renowed Islamic law scholar. Indeed, the primary place of law in Islam as well as the preponderance of the legal over the theological in Muslim thinking has long been recognized by both Muslim jurisprudents and by Western legal scholars. At a time when Islamic fundamentalism is flourishing, the relation of religion in and to law-related behavior needs to be scrutinized. In its eight chapters, contributed by various experts in the field and with a cogent introduction by editor Daisy Hilse Dwyer that focuses on the sources of law, the reasons for its centrality in the Middle East, and personal status law, this volume considers Middle Eastern law as practiced by Muslims in a diversity of Middle Eastern nations. The dynamics of dispute settlement, the interaction of court personnel with litigants, the content of legislation, and the promulgation of public policies about law are detailed here as well as the power dynamics of laW's interpersonal, intergroup, and international sides. Focusing on the specifics of contemporary politics and social life, the volume provides a baseline for understanding how, and the degree to which, the legal principles and the legal ethos elaborated in Islam centuries ago continue to provide a vital dynamic in legal behavior and thinking today.

The first five chapters deal with the on-the-ground intricacies of personal status law. They detail the complex blend of options and constraints that Middle Easterners experience in confronting personal status issues and examine the different approaches to these issues by contrasting regional evironments and differentially empowered social groups. The last three chapters assess law in the public domain-an area in which the most striking recent applications of Islamic law have occurred. Law and Islam in the Middle East will be of particular value to international law experts, students of Islam, comparative law, and the Middle East, as well as practicing social scientists and others who seek a practical and philosophical understanding of how the spirit and letter of Islamic law constitute and reconstitute themselves with a fine-tuned responsiveness to a continuously changing nation and world.

The first comprehensive work on the subject, this volume covers all the legal and economic issues raised by gray market goods--genuine trademarked goods manufactured with the authority of the trademark owner but imported without that entity's permission. Seth Lipner analyzes in detail the relevant judicial decisions, administrative actions, and legislation and provides a thorough discussion of the trademark law, copyright, antitrust, customs practice, and fraud issues involved in the importation of gray market goods. Designed to help both the legal and business communities understand and evaluate gray market situations, the book is written with a minimum of legal jargon and contains a supplement of relevant statutes and governmental regulations. The author also provides realistic projections about the future viability of gray market goods.

Following an introductory chapter that explores the business and economics of the gray market, Professor Lipner reviews a number of early gray market cases. Subsequent chapters address specific issues raised by gray market activities and litigation. The chapter on trademarks includes in-depth discussion of such topics as proving local goodwill, injury and the gray market, and the single international enterprise disqualification. Turning to antitrust issues, Professor Lipner covers the history of vertical restraints, antitrust law and the gray market, and specific cases. The succeeding chapters examine, in turn, customs service policies vis-a-vis gray market goods, the question of title, and copyright law and the gray market. The final section examines the effects of state laws, the International Trade Commission, and how the laws of foreign countries affect gray market trade in the United States. Discussion of cases is included throughout to illustrate points made in the text. Attorneys involved in international trade practice as well as importers, trademark owners, and licensees will find this book an indispensable guide to the business and litigation of controversies over gray market goods.

This is the first detailed analysis of English barristers and the Inns of Court in the period 1680-1730. The four Inns of Court have constituted the principal institutional home of common lawyers since medieval times, and by the early modern period were regarded as a `third university'. Barristers were the pre-eminent professional men of Augustan England. In parliament, they played a disproportionate role in the business of the Commons. David Lemmings traces the history of the Inns and the barristers during an important period of transition. He shows how the Inns declined from their former splendour during the later seventeenth century until, by the reign of George II, they were principally dormitories and offices for a mass of non-lawyers, and comfortable dining clubs for a minority of their members. At the same time, the number of practising barristers fell. Together these changes represented an invigorating purge which re-structured the legal profession. The processes of professionalization among different occupational groups are of increasing historical interest. Gentlemen and Barristers is an original and thorough analysis of a major profession at a significant stage of its development. Dr Lemmings breaks new ground in his use of contemporary material, including the archives of the Inns of Court. His eleven appendices, detailing the business and finances of the barristers, will prove an invaluable reference tool. The history of the Inns and the barristers necessarily touches upon many aspects of life in this period, including commerce, high politics, and elite culture. This story offers a fresh perspective on England under the last Stuarts and first Hanoverians.

It is not unusual for communication and media researchers to study law or legal issues, nor is it uncommon for legal scholars to study communication law. But it is something of a departure for the two to commingle, which is what Cohen and Gleason have accomplished in this innovative volume. Social Research in Communication and Law is a practical guide for conducting research involving both legal and communication questions. Offering rich citations and examples from existing literature, this engaging volume shows communication law scholars how to make more effective use of the methodologies employed in communication science. Topics addressed include reconciling communication and law, social research approaches to libel, and theories pertaining to freedom of expression. Cohen and Gleason have produced a valuable book that can be effectively used to supplement courses in communication law, history, sociology, and media ethics. In addition, scholars and researchers in the above fields will also benefit from this unique volume. "Cohen and Gleason provide a practical guide for conducting research involving both legal and communication questions. The book shows communication law scholars how to make more effective use of the social science methodologies." --Journal of Broadcasting and Electronic Media

It is not unusual for communication and media researchers to study law or legal issues, nor is it uncommon for legal scholars to study communication law. But it is something of a departure for the two to commingle, which is what Cohen and Gleason have accomplished in this innovative volume. Social Research in Communication and Law is a practical guide for conducting research involving both legal and communication questions. Offering rich citations and examples from existing literature, this engaging volume shows communication law scholars how to make more effective use of the methodologies employed in communication science. Topics addressed include reconciling communication and law, social research approaches to libel, and theories pertaining to freedom of expression. Cohen and Gleason have produced a valuable book that can be effectively used to supplement courses in communication law, history, sociology, and media ethics. In addition, scholars and researchers in the above fields will also benefit from this unique volume. "Cohen and Gleason provide a practical guide for conducting research involving both legal and communication questions. The book shows communication law scholars how to make more effective use of the social science methodologies." --Journal of Broadcasting and Electronic Media

Written for both executives in large organizations and students of business and management policy, this book examines the externally imposed costs of production in the United States and its major competitors abroad. The principal focus is on the costs of legal and regulatory compliance, although costs imposed by market forces--such as employee health insurance--also receive extended coverage. Using corporate case examples, the author examines how each of these types of costs affects various business operations and presents practical guidelines for dealing successfully with the costs themselves and the systems through which they are imposed.

Following an introductory chapter on the nature of externally imposed costs, the author presents an overview of the relationships between law, regulation, and the market. Subsequent chapters offer an extended treatment of the impact of the litigation system on the cost of doing business. In addition to discussing issues such as product liability, malpractice, wrongful dismissal, and patents, Chinloy also explores alternatives to the tort litigation system. A separate chapter devoted to an international comparison of litigation as it affects business includes a detailed analysis of Japan's legal system as well as coverage of nontariff barriers. The final chapters address the costs imposed by government regulation and those that result from market forces.

This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years.

Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.

In his latest work, Freedman seeks to establish a contemporary tort of discovery abuse. As he notes at the outset, the discovery process has become a central feature of modern litigation. He deals with the ways in which this interrogatory process can be abused, leading to excessive, costly delays in pretrial hearings and in subsequent litigation, if not settlement of the case. Discovery abuse places onerous demands on litigants who can be forced to produce documentation in such quantities, for example, that the costs involved discourage further litigation. At the outset, Freedman fully examines the nature of the discovery process itself, including international discovery procedures, and then explores abuses of the process and their ramifications for future litigation.

Organized in two main parts, the book begins with an introductory overview of the discovery process in general. Subsequent chapters address issues such as American Bar Association standards for discovery and procedure before the criminal trial; federal, state, and civil discovery procedures; non-party access to discovery materials; discovery in arbitration; and discovery procedures abroad. The second section reveals the nature of the abuses of the discovery process, including the destruction or spoliation of evidence, abuses connected with the Freedom of Information Act, and discovery abuses in the insurance field. The book concludes with chapters devoted to sanctions and remedies for discovery abuse and the Freedman's recommendation for the intentional tort of discovery abuse. Both a practical handbook for corporate attorneys and an ideal supplemental text for courses in business law, this volume offers a clear and comprehensive treatment of a growing problem in litigation proceedings.

As the economists and lawyers contributing to this volume demonstrate, an important element of the Reagan Revolution has been a fundamental shift in antitrust policy and enforcement away from the focus on market structure during the 1960s and early 1970s toward a greater emphasis on the effects of business conduct on economic efficiency and consumer welfare. This shift, caused both by a marked change in the political climate and changes in the thinking and research output of economists, has had an enormous impact on the volume and substance of antitrust activity during the 1980s. The articles collected here--each written especially for this volume--assess these changes in antitrust activity in key policy areas: mergers, vertical restraints, monopoly, and strategic behavior.

The authors examine particularly the impact of the change in antitrust enforcement and policy on social welfare. They point out where changes have been beneficial, evaluate whether further changes in policy or law are desirable, and probe unresolved issues, such as whether current policy pays too little attention to the possible strategic or anticompetitive aspects of some forms of business conduct. Taken together, these essays offer a multifaceted explanation of the ways in which economics has contributed to changes in antitrust policy and law. By providing a more thorough understanding of developments in industrial economics during the last 30 years, the authors also provide lawyers, economists, business executives, and students of business administration with new insights into possible future trends in antitrust policy and law--and their impact on the structure of American businesses and markets.

Now available in a newly revised and updated second edition, this highly acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court.
G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.

Relatively little has been written in English about the Islamic legal tradition, a serious deficiency in light of recent tensions in the Middle East and the Islamic revival in general. The body of Islamic law, or Shari'a, is central to the understanding of Islamic society and the current conflict between fundamentalism and modernism in the Islamic world. While acknowledging the regional differences in the local characteristics of the Shari'a, this work provides a straightforward introduction to procedure and punishment, discussing the major concepts, principles, and practices. The establishment of the Shari'a signified a progressive step in the development of legal practice as it modified the Islamic customs of retaliation and blood revenge. Nevertheless, Islamic law differs from common and civil codes due to its religious and virtually unchangeable nature.

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. "Virginia Journal of International LaW"

American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.