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Books > Law > Laws of other jurisdictions & general law > General
The story of how little Academy Chicago Publishers (co-owned by the author and her husband, Jordan Miller) tried to publish the late John Cheever's uncollected short stories, and was blocked from doing so by Cheever's family, is now a familiar part of publishing lore (and law).
Since the first shots rang out at Lexington and Concord, signaling the beginning of open war between the colonies and England, America has been credited with a singular conviction, a concern for military veterans' and others' economic and political rights. The idea of America as a promised land of economic opportunity, social mobility, and political freedom has not always flourished. Historians have both given it reality and shaken its substance as they exposed an undercurrent of greed, class conflict, and corruption. In this book Harold Hyman explores the question of American singularity, using the Northwest Ordinance, the Homestead and Morrill acts, and the G.I Bill to measure individual access to land, education, and law. The Northwest Ordinance, enacted in 1787 to encourage settlement of the nation's untamed territories, mandated the establishment of public schools and stable property rights in newly settled lands--specific terms which enshrined the basic liberties secured by the Revolutionary War. Hyman shows that through the Homestead and Morrill acts of 1862, legislators sought to preserve the values of the Union and to prepare for the entrance of the black man into citizenship. Equal access to public lands in the West and to state land-grant universities, countered the economic and social injustices blacks and poor whites would face after the Civil War. Finally, Hyman asserts that the G.I. Bill preserved beneficial social programs forged during the depression, carrying into post-World War II America a widespread concern for education and housing opportunities. Examining the legislation that emerged from three periods of conflict in American history, Hyman reveals a consistent pattern favoring equal access to land, education, and law--a progression of singular, if sometimes flawed, attempts to embody in our statutes the values and aspirations that sparked our major wars.
This book reappraises the constitutional fundamentals of EU foreign relations law. The essays in the book examine and reassess the basic principles of EU foreign relations law that have emerged over 50 years of incremental Treaty-based and judicial development and explore the particular character of the EU's "external constitution". They have been written against a background of change and debate: the deliberation over the character of the appropriate constitutional framework which has surrounded the drafting of the Constitutional and Reform Treaties, the increasingly cross-pillar nature of much EU external action, and renewed interest in the accountability of foreign relations policy and practice to democratic and judicial review within and without the EU. This collection will be of interest not only to EU foreign relations law specialists but also to those concerned with broader constitutional issues within EU law. In exploring the legal context in which the EU seeks to develop an international identity, and to structure and execute policies at the international level, the collection will also interest those working in international relations.
Judge Mac Swinford was one of the longest-serving federal judges in United States history. During his lengthy tenure in the Kentucky courts, he came to know and appreciate the deep complexity of the law, understanding that it could be solid and fluid, broad and narrow, kind and harsh, changeless yet always evolving. In this service to the state and to the law, he felt that it was often his fellow lawyers who touched and educated him most. Kentucky Lawyer presents the most humorous, enlightening, and poignant moments of a remarkable fifty-year career. Judge Swinford offers a unique Kentucky history, recounting instances of the drama and romance of the Kentucky bar. In "A Kentucky Ghost Story," he takes readers to the banks of Crooked Creek in Harrison County, where the spirit of a wrongfully accused man still affects judicial decisions. "Cost of Love" recalls a trial in Carlisle County in which a scorned lover files suit against her ex-fianc? for breach of promise, claiming ten thousand dollars for a broken heart. Remembering some of Kentucky's most revered and respected jurists, Judge Swinford relates American culture in its most intimate and significant sense, through the acts and expressions of local leaders in the everyday affairs of life. His stories of humble commitment highlight the lives of men such as Henry Clay, Lieutenant Governor Rodes K. Myers, and Senator Joe C.S. Blackburn, who championed unpopular cases and stood on the forefront of government and community affairs. Kentucky Lawyer pays tribute to some of Kentucky's "truly great men," with the hope that legend will preserve them for us in memory. Now back in print, this classic book illuminates the varied work and world of the twentieth-century lawyer with elegance and humor.
SBIR Basics - The Numbers (Accounting, Costs, Rates, Audits, and More) Lea A. Strickland, MBA CMA CFM CBM This book is for the SBIR recipient. It contains the building blocks of the concepts for accounting, financial and administrative requirements that are associated with federal funding. The information is basic and to the point. Key areas covered include: 3/4 accounting systems 3/4 budgets 3/4 audits 3/4 direct costs 3/4 indirect costs 3/4 indirect rate calculations 3/4 indirect cost proposals 3/4 program income 3/4 and more Understand the requirements and enable your business to get maximum impact from every dollar of
This is a must-read for summer runners, baby-boomers, and anyone who suspects that they or a loved one has been harmed by medical errors in our health care system. Hundreds of thousands of Americans die each year from medical errors, but most mistakes are kept secret from patients. After learning a few basic tools of cardiology, the reader shares a journey of heartbreaking mystery and discovery as a father pieces together the events that led to the death of his 19-year old son, despite extensive evaluation by a "team" of cardiologists. That personal struggle opens into a broad-ranging examination of our profit-driven health care system. The story concludes with an appeal for ten patient's rights to protect us all before we personally encounter the dangers of our health care system.
This book discusses a variety of topics such as cell phone seizure and examination, electrical fire investigation, potential vulnerabilities when using historic electrical devices, interpersonal conduct in the Middle East, Russia, and the USA, intellectual property theft, spy cases, and various motivations for crime in a manner that everyone can understand. We also discuss various test equipment and software used for collecting evidence from both physical evidence and invisible radio frequency artifacts. We also discuss electronic equipment that is used to destroy various documents as well as both human and automated processes used to reconstruct small shreds of paper. We discuss real cases regarding document reconstruction such as the American Embassy in Iran and the recently discovered East German (secret police) Stasi shredded records. We also discuss the Hanssen spying case using a PDA and low tech techniques such as the dead drop. Lastly, Jeff Marsh, a brilliant man who became disabled due to an unfortunate accident, demonstrates with the help of Dr. Doherty, various devices such as clocks and mustard jars with concealed purposes that may be used by undercover surveillance professionals or private investigators in a variety of settings, once proper approval is given. Jeff also discusses recreation and conversation as a means of exercising our intellect and informally learning from other people.
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
Illustrated With Seventeen Engravings Including Four Charts And Diagrams. Contents: Summary Facts of Anatomy; Rape; Indecent Assaults; False Assaults; Public Offenses Against Decency; Perversions of the Sexual Instinct; Inversion of the Sexual Instinct; Inversion of Degenerates or Uranism; Exhibitionism; Fetishism; Sadism and Masochism; Bestiality, Necrophilia, Nymphomania, Satyriasis, Erotomania.
Drawing on such diverse but related disciplines as economics, cognitive psychology, statistics, and game and decision-making theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, labor management disputes, environmental treaty making, and politics. When does it pay for parties to a dispute to cooperate, and when to compete? How can third-party negotiators further resolutions and avoid the pitfalls that deepen the division between antagonists? Offering answers to these and related questions, this book is a comprehensive guide to the latest understanding of ways to resolve human conflict.
Now more than ever, architects need an interpretive guide to understand how the building code affects the early design of specific projects. This easy-to-use, illustrative guide is part of a new series covering building codes based on the International Building Code for 2006. This book presents the complex code issues inherent to healthcare facility design in a clear, easily understandable format.
1903. With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.
Eight leading authorities from around the world have collaborated to produce this volume which provides a thorough treatment of mineral royalties. Intended as a reference for anyone interested in mineral sector taxation, it examines the many facets of royalties ranging from their justification, to the types of royalties used historically and presently. It analyzes royalty policy from the viewpoints of various stakeholders and indicates the strengths and weaknesses of different royalty types. Key practical issues such as tax administration, revenue distribution, transparency and reporting are covered. A CD-ROM, included with the book, contains an extensive appendix of actual royalty legislation from over forty nations.
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907 1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government."
Author Dr. David I. Goldenberg takes an empowering view of the rules governing both Home Owner Associations (HOAs) and condominiums. Problems arise when bad or obsolete rules are enforced or good rules are either ignored or ineptly enforced. Owners and board members alike must learn the rules and proper ways to modify outdated rules. It's a matter of record that the traditional approaches ignore the problem, move, appeal to a hobbled regulatory agency, sue or recall the board and/or seek corrective legislation rarely help homeowners. These strategies fail because they deal slowly and ineptly with incidents experienced by individual families. His expertise led Dr. Goldenberg to a radically new way to resolve the increasingly numerous and intense problems arising from living in an existing HOA or Condo and to prevent their occurrence in a new formed community of either sort. Dr. Goldenberg specializes in developing practical solutions to top management problems in business economics, corporate strategy and governance. His work is original and effective. It ranges from high theory in creating new ways to handle problems to low cunning in implementing his recommendations. Moving into a Homeowners Association HOA and later a Condo exposed Dr. Goldenberg to the legalistic methods of governing HOAs and Condos. He found them appallingly irrational, ineffective and inefficient. Unless, of course, the real aim was to promote full-employment among attorneys, politicians, and bureaucrats. This book shows homeowners how to correct the underlying causes of their problems - whether a matter of law, politics, or perverse individuals - and thus put an end to the rising number of unnecessary, irritating and costly incidents. A Condo Commandos 101 Reality Book.
The principal aim of this book is to provide guidance and encouragement for the expert who is a newcomer to personal participation in legal proceedings in his or her professional role. "book is intended to fulfil: not to furnish grist for the intense analysis of recondite issues, but to give professionals without extensive experience of the adversarial way of resolving disputes a practical introduction to the problems which they are likely to face, and to the ways in which they should prepare for and perform their various functions. As such it fills a real need." Lord Mustill, Foreword Contents .Emergence of the Expert Witness .Access to Justice Report .Appointment of Experts .The Written Report of the Expert Witness .Outline of Civil Proceedings .Outlines of Civil and Criminal Court Hearings .Rules of Evidence .Hearsay Evidence .The Expert in the Witness Box .The Expert Witness as Advocate .Expert Witnesses in Arbitration Cases .Liability of the Expert Witness .Terms of Appointment .The Psychiatrist and the Mental Health Review Tribunal .The Integrity of the Expert Witness A judge and a surveyor have collaborated to produce a book of real practical use: invaluable for any expert.
Departing from a broad understanding of law in Mozambique, this work analyses the complex network of judicial systems by interrogating the roles of the entities intervening in the system in colonial and postcolonial contexts. The main objective is to promote an empirically sound and dynamic understanding of the relationships between the multiple judicial entities present in the country within the context of cultural transformation in Africa. Overall, the book is intended as a contribution to current debates on the formation of the state in Mozambique from the nineteenth century.
This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.
"The Spirit of Japanese Law" focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. "The Spirit of Japanese Law" concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
The book analyses the administrative system in the European Union with a focus on the efficiency and legitimacy of the administrative practices. The administrative system of the European Union is described as a hybrid between a traditional national and an international administration. In the analysis three distinct theoretical perspectives are used (a structural, a procedural and a cultural), thus ensuring that a broad variety of factors are included. Furthermore, in the analysis the administration is seen from the perspective of an individual Eurocrat, but, simultaneously, the overall institutional perspective is maintained by a focus on the effects of the special characteristics of the administrative practices on the efficiency and legitimacy of the administration.
After I began to practice, I realized that the attorneys that I practiced with were more often than not in a fowl mood. Some were never cheerful or pleasant. I enjoyed most of the work involved in my practice, but many of my associates did not. After about nine months, I decided that the main problem with the profession was that there were too many attorneys. The pressure of having to compete for clients and advertise just to survive made it unbearable for nearly every one I met. For example, I had a friend who had quit a lucrative position with an insurance agency to attend law school and, then, to practice law. We would go to lunch together on many occasions. He had a wife, who worked full time and they had several children. The conversion at lunch always turned into his complaining about the lack of business or fees for his practice. He complained so much that I got to the point I didn't enjoy going to lunch with him anymore. At times I have tried to call other lawyers about a particular case only to get a recording saying that the phone had been temporarily disconnected. This has happened with lawyers who had been practicing for twenty years Well, I decided that I could do my part to correct this situation. I knew it wouldn't be easy, but this book is my attempt to help potential attorneys see if they really want to be lawyers and, more importantly, to see if the law profession wants them.
Although there have been several books written on the subject of "Body" and weapon/evidence "Recovery," none have focused on diver safety and human anatomy to the degree that this book has. The author has focused on diver safety issues that include safety practices found in the commercial diving industry as well as OSHA and the United States Coast Guard. The information base is not only diverse but very informative to the reader/student. This book covers issues regarding the Health Insurance Portability and Privacy Act (HIPPA) that has yet to be considered in any other diving related text. The importance of victim confidentiality is extended in the area of Underwater Forensics Research due to the fact that this level of diver training includes both medical and legal guidelines. The information provided in this section is informative and easily understood by the reader. Underwater Forensics Research provides the reader with an informative section in forensics which includes but is not limited to post mortem physiology. The author explains each stage of post mortem changes as well as important procedural considerations for documentation with regard to "authorized" chain of custody and related issues. The glossary of terms covers every detail of the book while providing the reader with an easy to understand explanation of each term used. The reader will be surprised with how easy this book is to understand. Although the book is extensive in information, you will find that it is rather uncomplicated in reading. This book is just as informative for a judge as it is for the physician and professional diver/student. This book would be an invaluable asset for any law enforcement agency, medical examiners office, emergency department, first responder/Medic, professional diver/s, RN, LPN, teacher and those interested in hyperbaric exposure.
During the 1960s and 1970s a remarkable series of books was produced by academic staff in the field of accounting at the University of Sydney. It was a period when academic research was largely analytical rather than empirically-based. For the most part, the interests of academics at Sydney were largely directed at questioning the status quo - either in the way accounting or auditing was practiced, or in the conventional wisdom expressed in text books of the time. The Sydney Accounting Classics series reflects the diversity of interests of the 'Sydney school' at that time. It also recognises the tremendous impact of the foundation professor of accounting, R.J. Chambers. This reprint series ensures that the ideas developed during this period remain available to new generations of scholars and researchers. The Sydney Accounting Classics series is an intiative of the Accounting Foundation, in association with Sydney University Press. Securities and Obscurities: In this book Chambers presents examples of financial practices in the UK, US, Canada and Australia and exposes the deficiencies in reported financial information. Chambers intended the work to be controversial. It continued his contention that precise definitions of accounting terms needed to be agreed upon, to ensure that investors, company directors, auditors and accountants were talking about the same things.
Pro se Reference How I Sued a Lawyer for Malpractice - And How I Won You Can Do It Too - Pro Se Pro se - For Yourself The Pro se Reference describes Lobo's experience in his successful quest to sue a lawyer for malpractice. Included are the legal documents Lobo used to win his case, including an example of the actual lawsuit which Lobo researched, composed and filed, acting Pro se. There are financial templates that can be used to validate your damages. Information on the whole process; including Court appearances, Discovery, Depositions, Settlement, and Trial will illuminate the Pro se process. Also, written and screen shot illustrations show how to set up and use your computer, so that tool can be used effectively to fight your Pro se case. There are examples of the communications you will need to write, and respond to, in order to communicate with the various parties connected to your lawsuit. You too, acting Pro se, can sue a lawyer for malpractice. And you too, can win. Lobo has dedicated the Pro se Reference to You - Representing Yourself, Pro se. Is the Pro se Reference guaranteed to win my case? No, it is not. Nobody, not even the most experienced, successful, licensed, practicing attorney can guarantee that a case can be won (if they are being realistic and if the process is honest). Lobo is not an attorney, and the Pro se Reference is not legal advice. But, if you are going to pursue your legal claim against a lawyer for malpractice you must prepare yourself. Please understand that the attorney whom you are considering suing, and their attorney; they WILL be prepared. The Pro se Reference is designed to illuminate your situation, and help you prepare - the actual work itselfis up to you. Do you really want satisfaction? Get Mad. Get Mean. Get Referenced. Get Prepared. Give 'em Hell. |
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