"Interpreting The Constitution" doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.

Although Americans enjoy the convenience and economic benefits of the world's most advanced air transportation system, the future of the airline industry is clouded by capacity constraints, safety and environmental concerns, the consolidation of carriers, and, especially, airline labor relations under the Railway Labor Act. In this volume, William E. Thoms and Frank J. Dooley provide a comprehensive, authoritative overview of the history, the law, and the mechanics of modern airline labor bargaining. The authors trace the development of airline labor law, the representation and labor bargaining processes, and labor protection. The discussion is enhanced throughout by the inclusion of up-to-date case law. Other statutes which have an important impact on the employment relationship such as the Airline Deregulation Act are also considered in detail. Finally, the authors explore future issues which may affect relations between labor and management in the aviation industry.

The book begins by reviewing the background of airline labor law, providing insights into the origins of airline regulation. The authors then provide a thorough discussion of the Railway Labor Act negotiating process, including the requirements of the Act, procedural steps in major and minor disputes, the role of the National Mediation Board, and mandatory bargaining subjects. Six areas related to the settlement of disputes are then studied in greater detail: the distinction between major and minor disputes; the role of air transport system boards of adjustment; the purpose of emergency boards; the related concepts of impasse, economic self-help, and reinstatement; strikes, boycotts, and injunctions under the Railway Labor Act; and restrictions on subcontracting. The next two chapters examine other statutes affecting airline labor relationships and the labor protection provisions of the Railway Labor Act. The authors conclude by looking at future trends in aviation labor law and the impact of issues such as drug testing, employee ownership plans, and mergers on airline labor relations. Ideal as a set of readings for courses on transportation law, labor economics, and transportation management, this book will also be of significant interest to regulators, union leaders, and attorneys specializing in transportation issues.

Problems that face teachers and educators today include the lack of a sound culture of teaching and learning in the classroom, the lack of student discipline and poor classroom management skills. This edition presents a new approach to the ever-important subject of the teacher's task in the classroom and meets the new criteria for teacher education in classroom management, as set out in the Cotep document.

Brave and fascinating, as well as important . . . . A scholarly and comprehensive contribution to our growing knowledge of the history of homosexuality.
--Jeffrey Weeks

Recent years have seen enormous attention devoted to the history of sexuality in the Western world. But how has the West conceived of non-western societies been influenced by these other traditions? The Geography of Perversion and Desire is the first historical study to demonstrate convincingly that the representation cultural otherness, as found in European thought from the Enlightenment through modern times, is closely interrelated with modern constructions of homosexual identity. Travel reports and early ethnographic accounts of cross-gender roles in the Americas, Africa, and Asia corroborated the 18th century construction of the sodomite identity. Similarly, the late 19th-century construction of the third sex provoked much anthropological speculation on to genetic versus societal nature of male-to-male sexual relations, a precursor of current essentialist versus constructionist debates. An invaluable contribution to the ongoing debates on cultural and sexual otherness, this volume unravels how the categories of the modern sodomite and later homosexual were inextricably intertwined with essentialist definitions of racial identity. In encyclopedic detail, Bleys traces how cross-cultural records were collected, created, structured, manipulated, excerpted, reformulated, and omitted in interaction with changing beliefs about male-to-male sexuality. Focusing in such subjects as puritanism, sodomy, and ethnicity in colonial North America; cross-gender behavior and hermaphrodditism; the semiotics of genitalia; andthe parameters of sexual science, The Geography of Perversion and Desire is a breathtakingly thorough, cross cultural history of sexual categories.

Drawing on travel reports and early ethnographic accounts, The Geography of Perversion and Desire presents the first historical study to demonstrate convincingly that the representation of cultural otherness, as found in European thought from the Enlightenment to modern times, is closely interrelated with modern constructions of homosexual identity.

Naelstring belig die problematiek van transformasie in ’n nuwe Suid-Afrika en die soms fanatieke eise van swart bemagtiging. Die drama sentreer rondom ’n moeder wat weier om haar pasgebore baba se naelstring te knip. Die baba is egter nie bereid om die absurde situasie gelate te aanvaar nie en neem sy gehoor op ’n reis van swart komedie en deernisvolle maar pynlike interaksie. Pieter Fourie, dramaturg en dramaveteraan, is waarskynlik die enigste Suid-Afrikaanse kunstenaar wat diep spore as toneelspeler, regisseur, artistieke direkteur en skrywer getrap het. Met Naelstring deurbreek die bekroonde dramaturg Pieter Fourie opnuut die grense van sy oeuvre.

Mack explains criminal law in an easy-to-read format, complete with numerous examples that clarify some of the more difficult concepts. It is designed for anyone interested in exploring the basics of criminal law for personal, academic, or professional reasons. High-profile criminal trials have placed criminal law in the national spotlight. While these trials may contain straightforward factual circumstances, often the legal issues surrounding the criminal charges and defenses are complex and confusing. This book explains the basics of criminal law in an easy-to-understand format designed especially for the nonlawyer who has an interest in criminal law. The book approaches criminal law by discussing basic crimes and their elements to help readers understand the necessary requirements for charging and prosecuting crimes. To aid in understanding many of the concepts, the book includes numerous hypothetical situations that place some of the more difficult concepts in an "everyday" context, thereby making them more understandable. Criminal law defenses are also explored, in order to give readers an awareness of how and why some of the more popular defenses are presented in the criminal justice system. The book also provides an overview of the criminal trial process, from the arrest to the final verdict. Mack succeeds in demystifying criminal law by presenting it in an understandable format designed for the nonlegal scholar.

A comprehensive examination of the rulings, key figures, and legal legacy of the Stone Court. When President Franklin Roosevelt got the chance to appoint seven Supreme Court justices within five years, he created a bench packed with liberals and elevated justice Harlan Fiske Stone to lead them. Roosevelt Democrats expected great things from the Stone Court. But for the most part, they were disappointed. The Stone Court significantly expanded executive authority. It also supported the rights of racial minorities, laying the foundation for subsequent rulings on desegregation and discrimination. But whatever gains it made in advancing individual rights were overshadowed by its decisions regarding the evacuation of Japanese Americans. Although the Stone Court itself did not profoundly affect individual rights jurisprudence, it became the bridge between the pre-1937 constitutional interpretation and the "new constitutionalism" that came after.

This book covers significant themes explaining the practice of Islamic law. The first essay treats taqiyyah (literally, "caution"), the concealment of one's religion when to reveal it would incur danger, which is based on a Koranic passage. The author provides not only a legal and religious analysis of taqiyyah, but also, through the detailed examination of a prominent sixteenth-century Shiite scholar and cleric, reveals a complex pattern of behavior that allows Twelver Shi'is and other sectarian groups to reduce the risks entailed by participation in societies dominated by a Sunni majority. The second essay inquires into norms for physical and sexual contacts between individuals, even husbands and wives, defining rights to look, to touch, and even to mutilate. The third essay evaluates the Ottoman records of local fines. This report on legal regulations and their execution as well as on practices of law and tradition in villages of Northern Palestine creates a colorful picture of life in the sixteenth century.

In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in private law matters. Beneath the case's dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck.

When the American Railway Union went on strike against the Pullman Palace Car Company in 1894, it set into motion a chain of events whose repercussions are still felt today. The strike pitted America's largest industrial union against twenty-four railroads, paralyzed rail traffic in half the country, and in the end was broken up by federal troops and suppressed by the courts, with union leader Eugene Debs incarcerated. But behind the Pullman case lay a conflict of ideologies at a watershed time in our nation's history.

David Ray Papke reexamines the events and personalities surrounding the 1894 strike, related proceedings in the Chicago trial courts, and the 1895 Supreme Court decision, In re Debs, which set important standards for labor injunctions. He shows how the Court, by upholding Debs's contempt citation, dealt fatal blows to broad-based unionism in the nation's most important industry and to any hope for a more evenhanded form of judicial involvement in labor disputes-thus setting the stage for labor law in decades to come.

The Pullman case was a defining moment in the often violent confrontation between capital and labor. It matched wealthy industrialist George Pullman against Debs and gave a stage to Debs's fledgling attorney Clarence Darrow. Throughout the trial, capital and labor tried to convince the public of the justice of their cause: Debs decrying the company's treatment of workers and Pullman raising fears of radical unionists. Papke provides an analytically concise and highly readable account of these proceedings, offering insight into the strengths and weaknesses of the law at the peak of industrial capitalism, showcasing Debs's passionate commitment to workers' rights, and providing a window on America during a period of rapid industrialization and social transformation.

Papke shows that the law was far from neutral in defending corporate interests and suggests what the Pullman case, by raising questions about both the legitimacy of giant corporations and the revolutionary style of industrial unions, can teach us about law and legal institutions in our own time. His book captures the passions of industrial America and tells an important story at the intersection of legal and cultural history.

Introduction. An Experimental Approach to Victim Decision Making. Experimental Studies on the Role of Social Influence in Victim Decision Making. Eyewitness Identification by Theft Victims. Analyses Across Experimental Studies. Normative Expectations for Calling the Police. Archival Analyses. Self-Reports: Surveying Crime Victims. A Model of Crime Victim Decision Making. Summary and Implications of the Research. Appendix: A Lawsuit Against the Researchers. Index.

Intellectual property is rapidly becoming one of the most controversial aspects of American law with both domestic and international implications. The controversy over copyright law is largely a result of the rapidly growing internet which threatens clear copyright ownership. In fact, Halbert argues, the internet, through its emphasis on information exchange, inherently challenges the concept of intellectual property rights developed in the 18th century to protect written--not word-processed--works.

Halbert critiques the theoretical foundations and the present American approach to copyright law, and she concludes that we should not uncritically extend copyright law to the internet. More generally, we should keep the concept of intellectual property from colonizing knowledge and ideas. She attempts to describe how new technologies are brought within the boundaries of the intellectual property discourse and given legal legitimacy. Halbert touches on the historical roots of copyright law, the manner in which copyright law is used today, and provides a critique of our current attitudes toward intellectual property. Court cases, government documents, public policy recommendations, international trade agreements, the actions of key industries, and popular opinion provide insight into how intellectual property as a concept is being defined in the information age and used to enforce property boundaries. An important resource for scholars and professionals alike working in copyright related industries.

"Religion, Law, and Freedom: A Global Perspective" introduces readers to diverse perspectives on the interplay of religion, law, and communications freedom in different cultures around the world. Through discussion and analysis of the religious mores and cultural values that a nation adheres to, a greater understanding of that nation, its laws, and its freedoms can be cultivated. Rather than suggesting that harmony can be achieved without conflict, the essays in this volume seek to present the reader with a variety of perspectives from which to view and understand the relationships among religion, law, and freedom in various cultures. This multifaceted analysis, therefore, helps readers draw their own conclusions as to the best way to resolve cultural conflict brought about by the growing global community.

The book consists of fifteen chapters, authored or coauthored by 17 international scholars representing China, Germany, Israel, Iran, Japan, Latvia, Nigeria, Singapore, the United Kingdom, and the United States. The chapters are organized into four parts: "Perspectives on Eastern and Western Religions; Press Freedom in Religious and Secular Societies; Journalism, Advertising, and Ethical Issues;" and "Religion, Politics, Media, and Human Rights." This important contribution will especially appeal to researchers and students in such fields as mass communications, legal studies, cultural studies, political science, religion, intercultural communications, international communications, and journalism.

Watter idee sal blindes van 'n olifant he? Miskien dink hulle dis 'n muur, 'n pilaar of 'n slang. Dit is di? analogie wat uitgebuit word in hierdie eerste Afrikaanse inleidende handboek tot die literatuurwetenskap. Die letterkunde is immers ook 'n omvattende verskynsel en die algemene literatuurwetenskap 'n veelsydige dissipline. Die letterkunde word dus vanuit verskillende teoretiese hoeke beskou. Moderne teoretiese sienings (bv. New Criticism, Nuwe Historisme en Postkolonialisme) word verduidelik deur 'n klassieke teks, Jan Rabie se Droogte, deurlopend m.b.v. hierdie teoriee te belig. Gerigte vrae oor ander Suid-Afrikaanse kortverhale help verder om hierdie nuwer teoriee vir plaaslike lesers bruikbaar te maak. Daarna word basiese vrae oor die literatuurwetenskap behandel. Die boek is 'n onontbeerlike hulpmiddel vir elke ernstige letterkundestudent en 'n moet vir elke onderwyser en dosent wat op hoogte wil bly met ontwikkelinge in die literatuurstudie.

Inaugurating "Greenw4ood's Reference Guides to the United States Constitution" series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's "Gideon" ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America.

Included are:

A brief history of the topic

Lengthy and sophisticated analysis of the current state of the law

A bibliographical essay organizing and evaluating scholarly material for further research

A table of cases

Index

A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.

As part of a new series of Greenwood's comprehensive reference guides to the United States Constitution, Professor Durchslag's edition on the Eleventh Amendment's guarantee of state sovereign immunity is the most thorough and up-to-date treatment of that amendment. The Court's interpretation of the Eleventh Amendment over the past two centuries has been an attempt to balance the sovereign interests of the states against the primacy of federal law, and is currently its primary means of articulating its federalist doctrine. Beginning with an extensive history of the Eleventh Amendment and the ratification debates surrounding it, Durchslag proceeds to a chronological discussion of the development of the first generation of Eleventh Amendment jurisprudence from 1793 - 1890. The book then proceeds topically, tracing the developments of the various doctrinal components of the Amendment, and includes suggestions as to how they may evolve. The work concludes with an erudite bibliographic essay to guide the reader to relevant primary and secondary works, and is fully indexed. For constitutional students, scholars, and legal practitioners, as well as for political scientists and historians studying the constitution or federalism.