The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal clauses embodied in the text of the amendment: the right to a grand jury indictment for a serious crime and the freedom from double jeopardy for the same offense.

Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.

This accessible guide is intended for those persons who need to polish up their rusty maths, or who need to get a grip on the basics of the subject for the first time. Each concept is explained, with appropriate examples, and is applied in an exercise. The solutions to all exercises are set out in detail. The book uses informal conversational language and will change the perception that mathematics is only for special people. The author has taught the subject at different levels for many years.

Some towns in Nevada have legal brothels where sex can be bought lawfully, yet in Las Vegas, prostitutes and their patrons are regularly prosecuted for exchanging sex for money, just as they are elsewhere in the United States. While sex work has long been controversial, it has become even more contested over the past decade as laws, policies, and enforcement practices have become more repressive in many nations, partly as a result of the ascendancy of interest groups committed to the total abolition of the sex industry. Legalizing Prostitution maps out the current terrain. Using America as a backdrop, Weitzer draws on extensive field research in the Netherlands, Belgium, and Germany to illustrate alternatives to American-style criminalization and marginalization of sex workers. These cases are then used to develop a roster of "best practices" that can serve as a model for other nations considering legalization. Legalizing Prostitution provides a theoretically grounded comparative analysis of political dynamics, policy outcomes, and red-light landscapes in nations where prostitution has been legalized and regulated by the government, presenting a rich and novel portrait of the multifaceted world of legal sex for sale.

This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.

On March 8, 1971, the Supreme Court of the United States decided a case, "Griggs v. Duke Power Co.", brought by thirteen African American employees who worked as common laborers and janitors at one of Duke Power's facilities. The decision, in plaintiffs' favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In this book, Robert Belton, who represented the plaintiffs for the NAACP Legal Defense Fund and argued the case in the lower courts, gives a firsthand account of legal history in the making--and a behind-the-scenes look at the highly complex process of putting civil rights law to work.

Title VII of the Civil Rights Act of 1964 eliminated much blatant discrimination, but after its enactment and before "Griggs," businesses held the view that a commitment to equality required only eliminating policies and practices that were intentionally discriminatory--the "disparate treatment" test.

In "Griggs v. Duke Power Co.," the Supreme Court ruled that a "disparate impact" test could also apply--that the 1964 Civil Rights Act extended to practices with a discriminatory "effect." In tracing the impact of the "Griggs" ruling on employment practices, this book documents the birth, maturation, death, and rebirth of the disparate impact theory, including its erosion by later Supreme Court decisions and its restoration by congressional action in the Civil Rights Act of 1991.

Belton conducts us through this historic case from the original lawsuit to the Supreme Court decision in "Griggs" and beyond as he traces the post-"Griggs" developments in the lower courts, the Supreme Court, and Congress; he provides informed insights into both litigators' and judges' perspectives and decision-making. His work situates the case in its legal, social, and historical contexts and explores the relationship between public and private enforcement of the law, with a focus on the Legal Defense Fund's litigation campaign against employment discrimination. A detailed examination of the development of legal principles under Title VII, this book tells the story of this seminal decision on equal employment law and offers an unprecedented close-up view of personal conviction, legal strategy, and historical forces combining to effect dramatic social change.

Consider the horror we feel when we learn of a crime such as that committed by Robert Alton Harris, who commandeered a car, killed the two teenage boys in it, and then finished what was left of their lunch. What we don't consider in our reaction to the depravity of this act is that, whether we morally blame him or not, Robert Alton Harris has led a life almost unimaginably different from our own in crucial respects.

In "Does Law Morally Bind the Poor? or What Good's the Constitution When You Can't Buy a Loaf of Bread?," author R. George Wright argues that while the poor live in the same world as the rest of us, their world is crucially different. The law does not recognize this difference, however, and proves to be inconsistent by excusing the trespasses of persons fleeing unexpected storms, but not those of the involuntarily homeless. He persuasively concludes that we can reject crude environmental determinism without holding the most deprived to unreasonable standards.

If America's environmental laws and regulations are left unchanged, they will ultimately contribute to the destruction of the human and natural environments. Dunn and Kinney argue that the environmental movement as it now operates is counterproductive; solutions can be found only through rational, non-political efforts based on reality, not ideological propaganda. The authors show what the facts are and how they have been distorted to benefit what are often misguided, self-serving political agendas. For anyone uncertain of the facts and baffled by conflicting viewpoints, "Conservative Environmentalism" will come as fresh air, bringing hope and encouragement that solutions are possible.

The greatest environmental gains in human history have occurred in democratic First World nations over the past century--nations that have not only expanded their natural resources but also improved the human condition. The environmental Left has largely ignored these gains, stressing imperfections and promoting fear through unfounded, unproven theories or deceptions. specious evidence. To solve the problems they see, the Left uses regulations that severely impede technology and efficient productivity--the very things that improve environmental conditions. Rather than supporting the regulation of industrial productivity, Dunn and Kinney argue for its expansion. The authors compare downside and upside effects of environmental actions in both First World and Third World countries and examine the negative effects that U.S. EPA and U.S. AID edits and proscriptions have on development and the environment.

Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make your answers stand out. See how an expert crafts answers to up to 50 questions on EU Law. Discover how and why different elements of the answer relate to the question in accompanying Guidance. Plan answers quickly and effectively using Answer plans and Diagram plans. Gain higher marks with tips for advanced thinking in Make your answer stand out. Avoid common pitfalls with Don't be tempted to. Compare your responses using the Try it yourself answer guidance on the companion website. Practice answering questions and discover additional resources to support you in preparing for exams on the Companion website.

American judges and legal scholars have long misunderstood the intended meaning of the Ninth Amendment and its relationship to the Tenth. Because of misinterpretation, the Ninth and Tenth Amendments have not been used to fulfill their original purposes. The limited and unlimited powers of the federal government have been shaped greatly by that error. In this book the authors clarify the actual meaning of the Ninth Amendment and its connection to the Tenth Amendment in order to provide a clear understanding of the full potential of the two amendments. Historical and contemporary details are included to provide an appreciation of the intended purpose of the amendments. Issues regarding the misinterpretation of the Ninth and Tenth Amendments are clearly outlined and explained in depth, including such topics as: *The drafting of the Ninth and Tenth Amendments *Enumerated, necessary and proper, and reserved powers of the state governments and *Substantive due process. The book also includes a bibliographical essay with information on alternative sources for grasping the intended meaning of the amendments.

When the first edition of this book was published in 1977--to overwhelming critical and popular acclaim--it was the only publication to analyze wildlife law comprehensively as a distinct component of federal environmental law. The second edition, published in 1983, provided a thorough and authoritative update. Since then the intense public interest in wildlife law has been reflected in a tremendous growth in both litigation and new legislation. This, the third edition, thoroughly revises and updates the earlier edition in light of current legal perspectives on the conservation of wildlife and biological diversity.

Two decades after its first publication, this book remains the standard reference for anyone seeking to understand the statutes, regulations, and court decisions governing wildlife law. Like the two that preceded it, the new edition of "The Evolution of National Wildlife LaW" monumental achievement that will serve lawmakers, administrators, educators, conservationists, and scholars for years to come. -- From the Foreword by Bruce Babbitt.

Jag is ’n avontuur wat jou wegvoer van vier mure na die oop ruimtes van groot Afrika en jou laat kennis maak met ontbering en volharding, met lekker spog en lekker eet. En die oog, die kamera en die sakboekie vervang nie in een dag die jagroer nie. P.J. Schoeman se naam was vir geslagte Afrikaanslesers sinoniem met verhale waarin natuurkennis en natuurgevoeligheid saampraat. Vir diegene wat as jong lesers met Schoeman kennis gemaak het, sal die lees van hierdie hersiene heruitgawe ’n nostalgiese ervaring wees – ’n erfenis om aan vandag se jong lesers oor te dra.

This study is a useful survey of a range of crucial problems in the current industrial relations system. Whether the US's present collective bargaining system can accommodate the massive dislocations of global competitive capitalism is a debatable, and vital, question. This collection offers important insights into the matter. "Choice"

A collection of specially written essays by distinguished legal scholars and practicing lawyers, this book explores the ways in which collective bargaining practices have been forced to adapt and change in response to a radical restructuring in the labor and personnel relations of American businesses. As the contributors demonstrate, current trends--such as a shift from manufacturing to service employment, deregulation, a hostile political environment, and a host of mergers and acquisitions--have made an understanding of traditional labor law doctrine increasingly less central to actual practice. Practitioners today need a thorough grasp of complex new workplace regulations and a mastery of the interplay between legal rules and practical constraints on transactions like plant closings, assets or stock sales, bankruptcy reorganization, and union representation on corporate boards of directors. Labor Law and Business Change places these changes within a comprehensive legal and practical framework and provides expert advice to those who must deal with these developments in the course of structuring particular business transactions.

Insurance attorney Peter Lencsis provides a unique, objective description of the insurance regulatory system as it exists today in the United States. Concise but comprehensive, it provides an easily grasped, immediately useful explanation of how the regulatory system works. Because of the federal McCarran-Ferguson Act, most insurance regulation is left to the individual states, and is thus non-uniform. But there is still a common pattern to state regulation, explains Lencsis, due in large part to the activities of the National Association of Insurance Commissioners and its own uniform standards. Lencsis covers the formation and licensing of insurance companies and the regulation of their underwriting and investment activities, as well as the insurance insolvency laws and guaranty funds, assigned risk plans, reinsurance, holding companies, and the regulation of agents and brokers. An important resource for insurance industry professionals, and others in regulatory agencies of the public sector.

R.C. Van Caenegem is the successor of Henri Pirenne and of F.L. Ganshof at the University of Ghent. These essays reflect Van Caenegem's main interests over his career: the Common Law in England and Customary Law in the Low Countries; the differences between institutional development in England and in the rest of Europe; and the forces making for autocratic as opposed to representative government. A number of pieces discuss the nature of history itself: how it compares with the sciences and what it can teach us. Two essays commemorate the lives and work of Pirenne and Ganshof.

Constant change and apparent self-contradictions seem to be integral parts of the numerous laws that confront people making security-related decisions. Why is it that sometimes it is necessary to get a warrant before making a search or give warnings before conducting an interview and sometimes it isn't? In some situations it seems legally safe to require drug tests while in others, the law seems to say it can't be done. Does the law look at the theft of a list of customers the same way it looks at the theft of computer hardware? It is the intent of this book to remove some of the confusion and uncertainty in answering these questions by reducing situations to their basic elements and observing how the different courts treat them.

As a starting point, the author believes that it is essential for those involved in private security to understand their own mission and appreciate that they are not law enforcement officers. This concept is critical because of the marked differences in the rights and duties of the two sectors. The author then focuses on employer-employee relationships and considers the interrelationships of federal constitutional law, labor and discrimination laws, arbitration and state constitutional, statutory and tort laws. Attention is paid to the increasing exposure to state tort claims, such as unjust discharge, as the union-organized sector decreases in size. Business property rights are balanced against those of non-employees such as customers, trespassers, shoplifters, and demonstrators. Trends in the law are commented on and particular attention is given to those areas where business is being assigned more responsibility. As an example, it is pointed out that some courts are holding merchants located on quasi-public properties, such as malls, liable for injuries inflicted by strangers on customers. These legal issues are supplemented by a discussion of new legal avenues concerning theft of trade secrets and other properties. Special attention is given to certain government-regulated areas such as transportation and there is inquiry into why some institutions including universities must make decisions based on a different set of security rules. This book covers a wide range of subjects from assault on employees to wire fraud by strangers. It should be of value to those involved in any way in the security business, employee relations people who are an integral part of the employment process, and lawyers advising in these multi-faceted areas.

Although personal injury law has been much criticized--by legal groups, insurers, health care providers, the business community, legislators, victims, and others--no concrete legal reforms have been enacted that would create a more equitable compensation system for accident victims of all sorts. In this volume, Sugarman offers both a penetrating critique of current personal injury law and a pioneering proposal for new compensation arrangements and new mechanisms for controlling unreasonably dangerous conduct. Sugarman argues persuasively that personal injury law as it is currently constructed generates more perverse behavior than desired safety, that it is an intolerably expensive and unfair system of compensating victims, and that in practice it fails to serve any commonsense notion of justice. His solution is the abolition of personal injury law and the institution of reforms based on social insurance and employee benefits.

Sugarman begins by examining the justifications advanced in support of existing personal injury law, demonstrating that these goals are either unachieved or inefficiently pursued. He argues that current tort law discourages business innovation, undermines our health care system, diverts the time and attention of engineers, executives, and others from their main tasks, leaves many victims uncompensated while allowing others inappropriate punitive damages, artificially inflates insurance costs, and more. In the second section, Sugarman criticizes already proposed reforms, arguing that they do not go nearly far enough to address the serious short falls of the current system. Finally, Sugarman delineates his own three-part reform proposal: eliminate tort remedies for accidental injuries; build on existing social insurance and employee benefit plans to assure generous, yet fair compensation to all accident victims; and build on existing regulatory schemes to promote accident avoidance and to provide effective outlets for public complaints. Practicing attorneys, lobbyists, policymakers and business, consumer, and insurance leaders will find "Doing Away with Personal Injury LaW" a provocative contribution to the continuing debate on the best means of reforming the victim compensation system.

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.

Are you a lawyer, law student or firm owner who wants to position yourself as an innovator or law-industry change-maker?

Do you want to embrace the Fourth Industrial Revolution and its enabling legal technologies to promote more meaningful access to justice?

Do you yearn to exploit technology to do more with less to build a sustainable legal business in the age of legal tech?

If so, then Leah Molatseli’s pioneering guide to becoming a legal tech startup is essential reading.

This book reflects the journey of a brave, resilient attorney who witnessed first-hand the need for ordinary citizens to gain greater access to justice. This led her to adopt new technology that works for the client by cutting costs, improving efficiency and reaching people more effectively. #Legaltech Startups and Innovation will equip other forward-thinking practitioners to do exactly the same

This invaluable resource investigates U.S. immigration and policy, making links the ethnic and religious affiliations of immigrants to the United States to trends in immigration, both legal and unauthorized. U.S. Immigration Policy, Ethnicity, and Religion in American History is rich with data and document excerpts that illuminate the complex relationships among ethnicity, religion, and immigration to the United States over a 200-year period. The book uniquely organizes the flow of immigration to the United States into seven chapters covering U.S. immigration policy making; the Open Door Era, 1820–1880; the Door Ajar Era, 1880–1920; the Pet Door Era, 1920–1950; the Dutch Door Era, 1950–1985; the Revolving Door Era, 1985–2001; and the Storm Door Era, 2001–2018. Each chapter analyzes trends in ethnicity or national origin and the religious affiliations of immigrant groups in relation to immigration policy during the time period covered.

International Economic Law (southern) African perspectives and priorities is the first book dedicated to examining international economic law from a (southern) African perspective. This field of law profoundly affects African countries’ (and, indeed, every individual country’s) sustainable development and aspirations for economic growth.

International Economic Law (southern) African perspectives and priorities examines the international legal framework and how it intersects with the domestic regulatory frame work of South Africa and other (southern) African countries and their economic policies. It offers fresh, diverse and balanced perspectives on international economic law by (primarily) African authors and addresses topics that are the most relevant on the continent for academics, practitioners and students in this field. The book aims to continue the conversation in the light of Africa’s increasing participation in all facets of global economic affairs by providing stake holders – both within and outside Africa – with another source for understanding the priorities for (southern) African countries in international economic law.