When it adopted a new constitution in 1969, the Seminole Nation was the first of the Five Tribes in Oklahoma to formally reorganize its government. In the face of an American legal system that sought either to destroy its nationhood or to impede its self-government, the Seminole Nation tenaciously retained its internal autonomy, cultural vitality, and economic subsistence. Here, L. Susan Work draws on her experience as a tribal attorney to present the first legal history of the twentieth-century Seminole Nation.

Work traces the Seminoles' story from their removal to Indian Territory from Florida in the late nineteenth century to the new challenges of the twenty-first century. She also places the history of the Seminole Nation within the context of general Indian law and policy, thereby revealing common threads in the legal struggles and achievements of the Five Tribes, including their evolving relationships with both federal and state governments.

As Work amply demonstrates, the history of the Seminole Nation is one of survival and rebirth. It is a dramatic story of an Indian nation overcoming formidable obstacles to move forward into the twenty-first century as a thriving sovereign nation.

A few lawsuits have changed the entire shape of the computer industry as nearly every aspect of computers has come under litigation. These courtroom battles have confused not only computer and legal amateurs, but lawyers, juries, and judges too. The result has been illogical legal opinions, reversals on appeal, and an environment in which the outcome of key legal battles is not only unpredictable but could change the industry's direction yet again. Graham surveys the past and shows how it points to the future. He illustrates how the absence of statutes specifically protecting software has frequently forced courts to simultaneously create and apply the law. Graham covers the whole spectrum of computer hardware and software, addressing the litigation that affected each part of the product chain. In 23 chapters he cuts through the legalese while still offering enough substance to introduce lawyers unfamiliar with intellectual property law to the evolving legal landscape of this dynamic and contentious industry. No prior legal background is required to understand GrahaM's presentation, however. The result is a comprehensive and fascinating study of this newest of new century industries, and a book that will guide --and caution -- anyone now in it or who expects to be a part of it tomorrow.

Graham shows how the course of litigation in the computer industry has substantially paralleled the growth of the industry itself. Yet, while computer law has been an active field, it is also an unpredictable one. The law governing computers was particularly sketchy prior to 1976, Graham explains, when it was unclear whether programmers had any legal rights to the software they developed. In l976 Congress modified the statutes to specify that software was indeed eligible but unfortunately offered little guidance to the courts on how to apply copyright laws to software. With each lawsuit the courts added to the sketchy foundation of copyright laws, developing the law as they went along. Graham shows that because the courts have so often made the law as they applied it, many computer-related lawsuits had an especially profound impact on the industry. By outlining this history of the development of computer law and its effect on the computer industry, Graham provides a broad outline of the state of computer law today, and a fascinating look at the industry itself.

The ability to communicate effectively is one of the most important life skills a person can possess. It can pave the way to success, not only in terms of career but also in every other aspect of life where communication plays a role. 

Advanced communication skills focuses on essential communication skills and competencies for all aspects of the world of work. Advanced communication skills takes an integrated theory and practical approach to learning. It is designed to foster workplace communication in order to benefit interpersonal relationships, which in turn leads to personal enrichment, greater job satisfaction and increased productivity. The final chapter contains a selection of case studies with questions to assist in the evaluation of communication skills.

Advanced communication skills is aimed at managers, personal assistants, professional secretaries and all those studying towards certificates, diplomas or degrees in colleges and universities. It fully covers the syllabus for Communication N5/N6 at technical and vocational education and training colleges, and will prepare students for the national examinations in these subjects.

Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses on the core doctrines that constitute free speech jurisprudence. It provides a historical evolution of the doctrine and examines the key Supreme Court decisions affecting it.

This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech.

This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Because there is no way of ascertaining exactly how effective (or ineffective) an individual allocution is, case law, sociolinguistic and historical resources, and judges' final remarks are used to develop hypotheses about defendants' communicative goals as well as what might constitute an ideal defendant stance from a judge's point of view. The corpus is unique because, unlike official transcripts, the transcripts used for this study include paralinguistic features such as hesitations, wavering voice, and crying-while-talking. Among its highlights, the book proposes that although a ritualized apology formula (e.g., "I'm sorry " or "I apologize ") would appear to be a good fit for the context of allocution and even appears to be expected, the use of these formulas carries implications in this context that do not serve defendants' communicative goals. I argue that the application of Austin's (1962) performative-constative continuum reveals that offense-related utterances that fall closer to the constative end are more consistent with the discursive constraints on the speech event of allocution. Further, I propose that the ideologies associated with allocution, in particular the belief that allocution functions as a protection for defendants, obscures the ways in which the context constrains what defendants can say and how effectively they can say it.

"Waller's biography captures the energy, creativity, sense of humor and commitment of this original legal scholar and the nation's greatest anti-trust lawyer, who had the guts to battle the McCarthy scourge of the 1950s. Every law student should read this book about a genuine legal hero. It will give them a sense of lawyering as a noble profession."
--Joseph A. Califano, Jr., The National Center on Addiction and Substance Abuse at Columbia University

aSoebce Wakker has written a useful biography of Thurman Arnold, collecting in one place the available materials and adding the results of his own research.a
--The American Journal of Legal History

"Antitrust is a dry subject, but fortunately Waller knows it, and so did Arnold. Both have the flair to make it come alive."
--"Chicago Tribune"

"The tale is nicely told and brings out the complications of being an aggressive antitrust enforcer in a political administration deeply ambivalent about competition policy."
--"Antitrust Review"

"Waller has succeeded in capturing the essence of a lawyer, often described as a blend of Voltaire and a cowboy, who made such important contributions to twentieth century jurisprudence."
--"The Law and Politics Book Review"

"Everyone who knows of Thurman Arnold understands he was larger than life. But I would not have imagined that anyone could bring him to life. That is what Spencer Waller has done in this absorbing biography."
--Laura Kalman, Professor of History, University of California, Santa Barbara, and author of "Abe Fortas: A Biography"

Thurman Arnold (1891-1969) was a major iconoclast of American law and a great liberal of the 20th century. In this firstbiography of Arnold, Spencer Weber Waller traces Arnold's life from his birth in Laramie, Wyoming, and explores how his western upbringing influenced his distinctive views about law and power. After studying at Princeton and Harvard Law School, Arnold practiced law in Chicago, served in World War I, and eventually returned to Laramie, where he was a prominent practitioner, mayor, and state legislator in the 1920s.

As the rise of national corporations began to destroy the local businesses that were the core of his legal practice, Arnold turned from the courtroom to the academy, most notably at Yale Law School, where he became one of the leading spokesmen for the legal realism movement. Arnold's work attracted the attention of Franklin Roosevelt, who appointed him to head the Antitrust Division during the New Deal. He went on to establish Arnold, Fortas & Porter, which became the epitome of the modern Washington, DC law firm, and defended pro-bono hundreds of clients accused of Communist sympathies during the McCarthy era.

One of the few individuals who shaped 20th century American law in so many of its facets, Arnold's biography is long overdue, and Waller honors his life and legacy with a book that is both vividly narrated and extensively researched.

Sentencing: A Reference Handbook offers a complete overview of the complex sentencing procedures devised by the federal government and each of the 50 states. From the Code of Hammurabi (1800 BC) to the present, Sentencing: A Reference Handbook follows the historical evolution of the process of criminal punishment, then focuses on the U.S. judicial system to show how American sentencing laws have changed in response to surges of different types of crime, or to other factors such as prison overcrowding. To help readers understand the complex issue of criminal sentencing, this informative volume describes the major sentencing procedures used in American courts (determinate, indeterminate, guidelines-based, and mandatory), highlighting the merits and flaws of each with well-documented cases and examples. Coverage includes a range of contentious issues, including the disproportionate application of the death penalty, sex offender laws, punishing the addicted and the mentally ill, and balancing punishment with rehabilitation.

This comprehensive publication examines the family, school and society from a sociopedagogical perspective. Some of the relevant topics that are discussed in detail are: the family - family dynamics, functions and types; the vulnerability of the modern family; educational errors and relationship disturbances. The school's responsibilities and educational communication are discussed, as well as environmental deprivation and compensatory education, and multicultural education. The structural and dynamic characteristics of society are examined, including several social evils.

In this thoroughly revised Fourth Edition, Glenn Wong provides a comprehensive review of the various sports law issues facing professional, intercollegiate, Olympic, high school, youth, and adult recreational sports. Major topics include tort liability, contracts/waivers, antitrust law, labor law, constitutional law, gender discrimination, drug testing, intellectual property law, broadcasting laws pertaining to sports agents, business and employment law, Internet gambling, and athletes with disabilities. Significant additions here include new court decisions, agreements (contracts and collective bargaining agreements), and legislation (federal, state, association, and institutional rules and regulations). Discussions of legal concepts are supplemented with summaries and excerpts from hundreds of actual sports cases. Wong cites a variety of books, law review articles, newspaper articles, and Web links for those requiring further information on particular topics. This text-professional guide serves as an invaluable resource to those involved, or studying to become involved, in the vast industry of sports.

At a time when police abuses and errors make the headlines, it is important to understand just what goes into the decisions that police make when they are confronted with various crime scenarios in the line of duty. Required to respond within the law, many officers are able to respond in a legal manner to crime situations in which court decisions are written clearly and with easily applied guidelines. But what happens when those decisions and laws are written in a way that invites interpretation and varies from situation to situation? Based on a case study of New York City police officers, this important volume analyzes how officers contend with often-ambiguous laws in the face of specific crime scenarios. In addition, the author explores other influences on police decision making, including officer characteristics and attitudes, and makes policy recommendations in an effort to encourage the reinforcement of legal guidelines so that the rights of individuals are appropriately balanced with the duty to control crime. Based on a survey of nearly 1,300 officers' responses to specially designed hypothetical crime scenarios, this study illustrates how police officers are likely to react with regard to the law in these situations. While officers tend to act legally where the laws are clear, less clearly articulated laws leave the police with a variety of different options for action in ambiguous situations. For instance, in weapons scenarios, the survey showed that officers would often take advantage of ambiguity in the law with regard to how they may respond. In drug scenarios, officers will increase their tendency to do a search if the situation is slightly ambiguous, though they willdecrease their search responses when the situation appears to be highly ambiguous. Eterno carefully examines the various responses and the laws that are meant to guide what police may or may not do in given situations, concluding that better laws and bright-line rules will help to check and balance the need to fight crime aggressively while preventing the abuse of authority that may arise in questionable circumstances.

Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution. The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.