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An exploration of the U.S. Supreme Court during an era of dramatic sectionalism, slavery, and the Civil War. The Taney Court: Justices, Rulings, and Legacy presents an in-depth analysis of the decisions and impact of the U.S. Supreme Court during the three-decade tenure of Roger B. Taney, one of the most important chief justices in U.S. history. A careful analysis of landmark decisions such as Dred Scott v. Sandford, Charles River Bridge v. Warren Bridge, and Prigg v. Pennsylvania shows how the court interpreted issues of commerce, contracts, slavery, and separation of powers, and how, despite its perception as being pro-states rights, it actually expanded federal judicial power. Profiles of the 20 justices who served on the Taney Court place a special emphasis on those who made the most significant impact, including Taney, Joseph Story, Benjamin Curtis, and John A. Campbell.
Is cost-benefit analysis the best means to determine and formulate public policies? To answer this question Jeffrey Leigh Sedgwick examines its application to crime and criminal justice and the implications of that application. In this interdisciplinary study, Sedgwick first assesses the value of applying economic models to the social problem of crime. He compares economic models to sociological ones and then addresses the question of whether economic models are compatible with the values of a liberal political order. He shows that cost-benefit analysis suffers from technical and ethical problems when used to set law enforcement goals. Current techniques for measuring the costs of crime are crude and unreliable, he argues, and overreliance on citizen and consumer preference may lead to the adoption of policies incompatible with American political traditions and respect for human rights. Sedgwick concludes that economic analysis cannot, by itself, lead to the adoption of effective and publicly defensible policies to combat crime.
Read Peter's Op-ed on Trump's Immigration Ban in The New York Times The rise of dual citizenship could hardly have been imaginable to a time traveler from a hundred or even fifty years ago. Dual nationality was once considered an offense to nature, an abomination on the order of bigamy. It was the stuff of titanic battles between the United States and European sovereigns. As those conflicts dissipated, dual citizenship continued to be an oddity, a condition that, if not quite freakish, was nonetheless vaguely disreputable, a status one could hold but not advertise. Even today, some Americans mistakenly understand dual citizenship to somehow be “illegal”, when in fact it is completely tolerated. Only recently has the status largely shed the opprobrium to which it was once attached. At Home in Two Countries charts the history of dual citizenship from strong disfavor to general acceptance. The status has touched many; there are few Americans who do not have someone in their past or present who has held the status, if only unknowingly. The history reflects on the course of the state as an institution at the level of the individual. The state was once a jealous institution, justifiably demanding an exclusive relationship with its members. Today, the state lacks both the capacity and the incentive to suppress the status as citizenship becomes more like other forms of membership. Dual citizenship allows many to formalize sentimental attachments. For others, it’s a new way to game the international system. This book explains why dual citizenship was once so reviled, why it is a fact of life after globalization, and why it should be embraced today.
Public Interest Law Groups focuses on a special segment of the profession, namely groups `that provide cost-free legal care to willing clients' including `legal aid and legal services groups, interest groups that litigate, and public-interest law firms.' . . . It ought to be an automatic purchase for law school libraries and it will fulfull needs for information about these organizations in large public and academic libraries. Wilson Library Bulletin In recent years, public interest law has shifted from an exclusive interest in the expansion of rights in such areas as consumer protection, environmental law, and discrimination to a parallel concern with seeking limits to freedoms and rights in both the public and private sector. In addition, public interest law firms have introduced diversified litigation strategies that were uncommon even a decade ago. This volume is the only comprehensive work to reflect these recent changes in the complexion and strategies of public interest litigation. Following an introduction describing the major shifts that have occurred in public advocacy, the authors present over 300 profiles of firms, groups, and organizations that litigate in behalf of the public interest and/or use the courts to achieve policy ends. Organizations surveyed include groups that focus on the protection of special interests, rights, or resources and those that offer legal aid in diverse areas, as well as legal organizations such as the American Bar Association. Among the areas of concern are the advancement of science in the public interest, conservation, consumer interests, abortion, constitutional and civil rights, and the rights of groups ranging from the elderly, women, children, and the handicapped to American Indians and other minorities. Additional groups and significant public interest cases are listed at the end of the book. An important source of information for those wishing more data on a particular group or the scope of today's public interest litigation, this book is recommended for legal, public, and academic library reference collections.
This publication examines the family, school and society from a sociopedagogical perspective. Some of the relevant topics that are discussed in detail are: the family: - its 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.
A practicing analyst combines broad training and research and hands-on experience in this first comprehensive reference/text assessing criminal, investigative, and strategic analysis techniques and reports, while showing how they support every facet of law enforcement today. The sourcebook gives a history of the field of analysis and of the education and training of analysts; lists and describes analytical techniques in an easy-to-access A to Z arrangement; offers a step-by-step approach to the development of public and strategic reports; discusses the applications of analytical techniques in violent crime, organized crime, narcotics, white collar crime, and street crime; highlights the work of important agencies, organizations, and individuals in the field of analysis; and points to future needs and uses for criminal analysis. A glossary, appendix description of computer software, and lengthy bibliography further enrich this reference guide and teaching tool for analysts, law enforcement officers, and criminal justice students and experts.
Providing legal analysis and touching upon social history and art history themes, this work offers an objective review of five art trials. Spanning the last 20 years, specific areas of law are examined with each trial: First and Fifth Amendments, copyright law, contract law, valuation of art, and misrepresentation. Art, outside of the legal vacuum, has been embroiled in a battle initiated by social conservatives to promote decency. Three trials involving this struggle and the National Endowment of the Arts are analyzed. The valuation of art is examined in the context of Andy Warhol's estate and copyright law is considered because of the appropriation of contemporary images by Jeff Koons. Although each trial is reviewed distinctly, all are interwoven to present major issues relating to contemporary art. Entertaining aspects of each trial contribute to the understanding of art and law. For art students, copyright, contract and constitutional analysis in the context of actual hearings is an invaluable resource outlining afforded protections and options. To scholars interested in contemporary art and its encounters with the law, this text bridges the gap between two seemingly disparate worlds.
Effective school marketing is an essential resource for learners, practitioners and policy-makers. School managers will find the title extremely useful as it not only ensures the immediate benefits of a school marketing approach to school management, such as successful fundraising, but also contributes to long-term whole school development.
The teenager has often appeared in culture as an anxious figure, the repository for American dreams and worst nightmares, at once on the brink of success and imminent failure. Spotlighting the “troubled teen” as a site of pop cultural, medical, and governmental intervention, Chronic Youth traces the teenager as a figure through which broad threats to the normative order have been negotiated and contained. Examining television, popular novels, science journalism, new media, and public policy, Julie Passanante Elman shows how the teenager became a cultural touchstone for shifting notions of able-bodiedness, heteronormativity, and neoliberalism in the late twentieth century. By the late 1970s, media industries as well as policymakers began developing new problem-driven ‘edutainment’ prominently featuring narratives of disability—from the immunocompromised The Boy in the Plastic Bubble to ABC’s After School Specials and teen sick-lit. Although this conjoining of disability and adolescence began as a storytelling convention, disability became much more than a metaphor as the process of medicalizing adolescence intensified by the 1990s, with parenting books containing neuro-scientific warnings about the incomplete and volatile “teen brain.” Undertaking a cultural history of youth that combines disability, queer, feminist, and comparative media studies, Elman offers a provocative new account of how American cultural producers, policymakers, and medical professionals have mobilized discourses of disability to cast adolescence as a treatable “condition.” By tracing the teen’s uneven passage from postwar rebel to 21st century patient, Chronic Youth shows how teenagers became a lynchpin for a culture of perpetual rehabilitation and neoliberal governmentality.
This book looks back on 25 years of pioneering EU trade mark practice, as viewed by various experts from all over Europe. EU trade mark law - and by extension, trade mark law of the EU Member States - has substantially evolved during these past 25 years. The success of the EU trade mark resulted in a shift from a 'bottom-up' harmonization of national trade mark systems to a 'top-down' approach, based on the EU trade mark system. The first two contributions focus on the EUIPO's convergence efforts with the national trade mark offices and the impact of EU case law on national trade mark practice, respectively. Further on the evolution of the EU trade mark system is addressed through a wide variety of subjects of substantive law. The last chapter offers and analysis of the impact of Brexit on EU trade marks. Flip Petillion (editor) is a leading domestic and international dispute resolution counsel and arbitrator and regularly publishes on various topics related to intellectual property and arbitration (PETILLION, Belgium). With contributions by Ana-Maria Baciu and Andreea Bende (Simion & Baciu, Rumania), Alexander Schnider (GEISTWERT, Austria), Claus Barrett Christiansen and Maria Rose Kristensen (Bech-Bruun Law Firm, Denmark), Diego Noesen (PETILLION, Belgium), Gerard Kelly and Jane Bourke (Mason Hayes & Curran LLP, Ireland), Jan Peter Heidenreich (Preu Bohlig, Germany), Eva Lachmannova (Sindelka & Lachmannova, Czech Republic), Matthew Harris (Waterfront Solicitors LLP, UK), Paul Micallef Grimaud and Nikolai Lubrano (Ganado Advocates, Malta), Richard Wessman, Stojan Arnerstal and Sofia Bergenstrahle (Vinge, Sweden)
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Professor Bruce Harris has left an indelible mark on public law in New Zealand and across the common law world. In particular, his suggestion that there exists a 'third source' of executive action, in addition to statutory and prerogative powers, has influenced scholarship and judicial decisions in New Zealand, the United Kingdom, and elsewhere. In this Festschrift, leading commentators explore key themes from his work. The first theme is the nature of executive power. Claire Charters argues that the future New Zealand constitution must pay greater attention to Maori legal concepts and substantive protections for tangata whenua. She suggests that a pressing concern is holding the Executive to account and restraining its power, particularly vis-a-vis Maori. Edward Willis examines the legitimate extent of 'third source' powers in the context of constitutional pragmatism. Three sections discuss issues concerning the judiciary. In the first section, Nicola Wheen discusses the problems inherent in ambiguous standards of environmental protection. The second section deals with judicial method and creativity. John Ip argues that the remedy of declarations of inconsistency with enumerated rights amounts to justifiable judicial creativity; Taylor Burgess critiques courts' unwillingness to lead social change, while Paul Rishworth examines the creativity inherent in judicial restraint. Caroline Foster extends the volume's analysis to international law, arguing that creativity by international courts and tribunals has given rise to global regulatory standards. The third section addresses judicial appointment and accountability. Sir Edmund Thomas argues that more independence is required in judicial appointments' processes, while ATH Smith argues that more protections are needed to protect judicial independence. The final theme concerns the future of the unwritten constitution. John Dawson explores the place of Te Tiriti o Waitangi (the Treaty of Waitangi), the founding agreement between the Crown and Maori, in New Zealand's constitutional arrangements. Paul Craig explores the difference in the modalities of constitutional change between written and unwritten constitutions. Finally, Sam Bookman discusses the role of constitutional scholars in the unwritten constitution. As courts and legislatures around the world grapple with the changing demands made of public law, this volume addresses important questions about the powers of the state, the role of judges, and Crown-Indigenous relations. This book engages with these questions through a distinctive approach that is both pragmatic and nuanced. This volume is indispensable for students, scholars and practitioners engaged in the study of common law constitutions in New Zealand and beyond.
The sixty-seventh volume of the Annotated Leading Cases of International Criminal Tribunals contains the most important decisions taken by the ICC from 27 January 2014 to30 January 2015. It provides the reader with the full text of the decisions identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on these decisions. Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx.
This book is a critique of the jury and a collection of statements about various aspects of the jury made by observers during the past 200 years. Its purpose is to help laymen think about and understand issues involving the jury.
Until now, an approach to land use management planning that not only addresses economic issues, but also environmental concerns and health issues of land use has been lacking. These issues are vital for public policy makers, decision-makers throughout the private sector, as well as all businesses and industries that share space with the communities they serve and draw from. This volume covers the legal and regulatory aspects of land use management, the process of land use planning, and all of the related environmental, health, and societal impacts that land use planning entails. This book provides a clear, multidisciplinary approach to a very complex set of issues. An essential resource not only for public administrators, policymakers, and planners, but for people with corresponding responsibilities in business and industry, their attorneys and other advisors, and for their colleagues with similar concerns. Because of their inestimable importance, land use decisions require thorough study and evaluation before project implementation--but what makes this a challenge is the uncommon breadth of knowledge and familiarity with a wide range of disciplines that decision makers must process--and yet few have the necessary background and training. El-Ahraf, Qayoumi, and Dowd have thus had to attack their topic from a variety of viewpoints and disciplines, such as urban plannning, environmental science, energy use, public health, as well as from the viewpoints of people whose concerns are primarily socioeconomic and legal. They take these disparate and often conflicting viewpoints and integrate them, giving readers a systematic way to acquire a holistic appreciation of the topic. Although the book focuses primarily on land use in the United States, it borrows relevant examples from international data. It is therefore useful not only as a text for college courses in the area of public health and urban planning, but as a reference for professionals in many different fields with related concerns.
The procedures of summary judgment as well as other preclusive devices have been hailed by many as an effective solution to the current overload facing American courts. In addition to promising speed, these alternative methods also contribute to reduced legal and court costs. Freedman presents a comprehensive discussion of the major preclusive legal mechanisms, amply supported by relevant case law and decisions. The author not only describes the use of such devices in detail but also indicates the circumstances under which such actions are most likely to be successful. Following an introduction, Freedman presents an in-depth treatment of the motion for summary judgment and adjudication without trial. A general chapter on accelerated judgments is followed by a detailed description of the declaratory judgment. Subsequent chapters explore the uses of various preclusive techniques including provisional remedies, requests for admission and other time-saving devices, intervention and interpleader, release-dismissal and settlement agreements, bifurcation, and the summary jury trial. A separate chapter is devoted to the preclusive doctrines of res judicata and collateral estoppel, while the concluding chapter discusses court sanctions for nonpreclusion. Taken as a whole, this is a cogent, well-documented exploration of the use of preclusive methods in contemporary litigation.
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