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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 contains contributions from the third Commission on European Family Law (CEFL) conference which took place in Oslo in June 2007. The general topic, 'European Challenges in Contemporary Family Law, ' has been divided into five themes: The Harmonization of Family Law --- Children and Their Parents --- Irregular Marriages and the Influence of Multiculturalism --- (Property) Relations between Spouses and Cohabitants --- Cross-Border Family Relationships. These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. European family law has experienced, in a profound and deep way, social and demographic changes in this short period of time. Just a few of the important recent developments include: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock --- women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners --- new techniques in artificial insemination --- the growing social acceptance of same-sex relationships
"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.
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.
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.
This book focuses on ecological damage: the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms (such as liability insurance, direct insurance, risk-sharing agreements, environmental funds, other guarantees and capital markets), to both prevent and compensate for ecological damage. Three new compensation models are proposed in this research, mainly based on the desirability and feasibility of a mandatory financial security system. In addition to briefly exploring the existing experience in the US, the EU and international regimes, this book also provides both theoretical and empirical research on the Chinese compensation system, which the existing literature has largely neglected. This book will be of interest to legal scholars, environmental agencies and insurers, and students.
These ancient African stories, carried over from generation to generation, contain magical, romantic and mysterious qualities equaling the best of European fairy-tales. Enjoy the art of African story-telling!
If you've ever wondered where to find fast answers to questions such as these about our sometimes baffling world, now you can quickly locate the best information science has to offer in these enjoyable pages. Using a question-and-answer format that is fun to read and easy to understand, Dr Charles Cazeau takes you through more than 450 of the most intriguing science questions, from the profound to the amusingly trivial. In the process he demonstrates just how fascinating our natural world is and how science helps us to explore and unravel nature's many wonders. Well organised for easy use, this entertaining yet educational guide to basic science begins with questions about the fringes of the universe and then moves inward through our solar system and continues with the Earth itself, covering evolution, plants, animals, and questions about health and nutrition. Dr Cazeau also devotes a section to the history of the human race and another to the many questions raised these days about the existence of UFOs, ghosts, mysterious powers of the mind, and other aspects of the paranormal. Whether you read this book from cover to cover or skip around to find the answers to your own special questions, you will give yourself an education painlessly and realise that science is not only important but fun.
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.
Written by an experienced trial lawyer, this book will help you understand the art of cross-examination. Not only will it prepare you for the courtroom, but it will also help you become a successful lawyer. One of the most well-known courtroom situations, the cross-examination is the formal interrogation of a witness called by the other party in a court of law to challenge or extend testimony already given. It is the prosecutor or defense attorney's opportunity to strengthen his or her own case by questioning the opposite side's witness. To do so with expertise, calm, and finesse is a hard-learned but invaluable skill. In The Absolute Beginners Guide to Cross-Examination, trial lawyer and teacher Samuel A. Stern demonstrates that conducting an effective cross-examination is a learned skill and that his comprehensive teachings are its foundation. This contemporary and clear guide is designed so that you can quickly and effectively cross-examine. Learn how to successfully cross-examine a witness in this easy-to-read, step-by-step guide. This book will be a integral addition to the shelf of every law student, lawyers who have newly passed the bar exam, law professors, and even seasoned practicing lawyers. Cross-examination is an art, and Stern teaches you the finest aspects of it in The Absolute Beginners Guide to Cross-Examination.
Of all amendments to the U.S. Constitution, the Fourth has been called the most ambiguous, and it is from that amendment that search and seizure laws are primarily drawn. Students will learn about the legal issues and cases argued concerning protection of property and privacy, searching homes and businesses, searching people in public places, searching automobiles and baggage, and wiretapping. The Exclusionary Rule and the right to privacy beyond search and seizure are specifically examined in detail.
This volume contains a collection of Tadzhikistan legal texts translated and edited by the author. All material is translated anew and is prefaced by a note on the legislative history of each enactment and a contextual observation. The documents translated in this volume have been chosen for their importance in understanding the Tadzhikistan state structure and legal system and the peace process intended to achieve civil accord. There is also a strong emphasis upon the enactments of key importance to the foreign investor. The scope of this work should provide the practitioner, legal scholar, government legal advisor, and student a reference tool for understanding contemporary Tadzhikistan legal structures.
Illustrating the emergence of male rape as a social and legal issue, this book highlights the myths and misconceptions that keep this a hidden crime.This book researches a topic that remains highly taboo and under-researched. It draws on experiences of male survivors of rape. It explores attitudes of the police in dealing with this sensitive issue. It considers the role of the media in fuelling myths about male rape. Focusing on male-on-male rape, this book looks at the common myths surrounding this taboo issue, including the idea that 'men who rape other men must be homosexual' and that 'real men can't be raped'. It also reveals that men are not only raped in prison, as is commonly believed, and that they suffer similar trauma to female survivors of rape.
Written by authorities on the legal systems of France, Britain, Germany, the United States, Israel, and Canada, this book explores the growing confrontation between democracy and racist incitement. The authors consider existing and prospective laws as they trace the efforts to enact and enforce laws that can curb racism in the early stages of its growth without violating democratic freedoms. Throughout the book, the authors discuss their own legal and political cultures and how the subject countries are affected by historical encounters with racism. Both France and Britain have strong racist political forces and existing laws to combat them. Special attention is given to Le Pen, whose electoral support has been estimated nationally at more than twenty percent, and to the effect Britain's new legislation has had on the country's racist movement. The United States represents a case where strong constitutional guarantees against impingement upon freedom of expression have prevented the passage or juridical validation of laws restricting racist incitement. Israel finds itself struggling to define a legal remedy that can be used against racist incitement by the Kahane movement. Canada, now seeking a legal climate that will foster multiculturalism, strives to define laws against incitement that will be consistent with its newly established Charter of Freedom. And Germany, as it faces the enormous problems resulting from unification, is forced to reflect upon its own past and the challenges that an active racist movement poses for the country's future. Recommended for sociologists, political scientists, and criminal law specialists.
Zingo examines the conflicts inherent in restricting hate speech--the controversial speech codes--and freedom of expression as it affects the lives and rights of gay men and lesbians. While much has been written on speech code restrictions having to do with race and gender, both in the press and academic literature, few scholars or serious writers before Zingo have focused on the necessity and/or sagacity of instituting legal sanctions on hate speech based on sexual orientation/preference. After providing an overview of the social and legal condition of outsiders, Zingo examines how the law has evolved on the issues of free speech, equality jurisprudence, and the hate speech controversy. She then analyzes these issues in the context of sexual identity, equality, and non-discrimination and concludes with a review of the Supreme Court's rulings on hate speech regulation. Throughout she discusses the extent to which such speech codes adequately protect lesbians and gay men in American society. A major study for students and scholars of Constitutional Law and policymakers and others concerned with gay and lesbian issues and free speech.
Martin Gardner, author of numerous books on science, mathematics, and pseudo-science, has assembled thirty-four extraordinary essays by eminent philosophers, scientists, and writers on the fundamental aspects of modern science. As Gardner makes clear in his preface to the formerly titled Sacred Beetle and Other Great Essays in Science, his intent is not to teach the reader science or to report on the latest trends and discoveries. "Rather, the purpose of this book is to spread before the reader, whether his or her interest in science be passionate or mild, a sumptuous feast of great writing - absorbing, thought-disturbing pieces that have something to say about science and say it forcibly and well." Gardner's entertaining biographical commentaries make Great Essays in Science a rich store of good reading and an informal history of the people and ideas that have shaped our culture and transformed our everyday lives. This collection includes works by Isaac Asimov, Rachel Carson, Charles Darwin, John Dewey, Albert Einstein, Jean Henri Fabre, Sigmund Freud, Stephen Jay Gould, Aldous Huxley, Julian Huxley, William James, Ernest Nagel, Bertrand Russell, Carl Sagan, Lewis Thomas, H.G. Wells, and others.
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