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Books > Law
The Washington State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Washington's constitutional
history that focuses on the document's 19th century populist roots,
it provides an in-depth, section-by-section analysis of the entire
constitution, detailing the many significant changes made since its
initial drafting. This treatment, along with a table of cases,
index, and bibliography, provides an unsurpassed reference guide
for lawyers, judges, scholars, and members of the general public.
The second edition of The Washington State Constitution has been
significantly expanded to detail the impact of the late nineteenth
century Populist movement on both the structure and content of
Washington's 1889 constitution. The book includes current and
important developments in the theory of state constitutional
interpretation in Washington State, describes the significant
expansion, over the past decade, in the Washington Supreme Court's
independent reliance on the state's constitution rather than the
federal constitution in many constitutional doctrines, particularly
those related to individual rights. The title also includes
up-to-date analysis of significant developments in a number of
areas, including the rights of criminal defendants; personal
freedoms of speech, religion and privacy; powers and constraints on
the state legislature and the governor; the initiative, referendum
and recall; and the application of Washington's unique public
education clause.
The Washington State Constitution was cited in the following
notable cases:
- League of Educ. Voters v. State, ____ Wn.2d ____, 295 P.3d 743,
758-59 (2013.) (both majority and dissent)
- In re Bond Issuance of Greater Wenatchee Regional Events Center
Public Facilities, 175 Wash.2d 788,813, 816, 287 P.3d 567, 580
(2012) (dissent)
- Bellevue School Dist. v. E.S., 171 Wash.2d 695, 717, 257 P.3d
570, 581 (2011)
The Oxford Commentaries on the State Constitutions of the United
States is an important series that reflects a renewed international
interest in constitutional history and provides expert insight into
each of the 50 state constitutions. Each volume in this innovative
series contains a historical overview of the state's constitutional
development, a section-by-section analysis of its current
constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of
the Center on State Constitutional Studies at Rutgers University,
this series provides essential reference tools for understanding
state constitutional law. Books in the series can be purchased
individually or as part of a complete set, giving readers unmatched
access to these important political documents.
What happens when the international community simultaneously
pursues peace and justice in response to ongoing conflicts? What
are the effects of interventions by the International Criminal
Court (ICC) on the wars in which the institution intervenes? Is
holding perpetrators of mass atrocities accountable a help or
hindrance to conflict resolution? This book offers an in-depth
examination of the effects of interventions by the ICC on peace,
justice and conflict processes. The 'peace versus justice' debate,
wherein it is argued that the ICC has either positive or negative
effects on 'peace', has spawned in response to the Court's
propensity to intervene in conflicts as they still rage. This book
is a response to, and a critical engagement with, this debate.
Building on theoretical and analytical insights from the fields of
conflict and peace studies, conflict resolution, and negotiation
theory, the book develops a novel analytical framework to study the
Court's effects on peace, justice, and conflict processes. This
framework is applied to two cases: Libya and northern Uganda.
Drawing on extensive fieldwork, the core of the book examines the
empirical effects of the ICC on each case. The book also examines
why the ICC has the effects that it does, delineating the
relationship between the interests of states that refer situations
to the Court and the ICC's institutional interests, arguing that
the negotiation of these interests determines which side of a
conflict the ICC targets and thus its effects on peace, justice,
and conflict processes. While the effects of the ICC's
interventions are ultimately and inevitably mixed, the book makes a
unique contribution to the empirical record on ICC interventions
and presents a novel and sophisticated means of studying,
analyzing, and understanding the effects of the Court's
interventions in Libya, northern Uganda - and beyond.
In the critical period when Islamic law first developed, a new
breed of jurists developed a genre of legal theory treatises to
explore how the fundamental moral teachings of Islam might operate
as a legal system. Seemingly rhetorical and formulaic, these
manuals have long been overlooked for the insight they offer into
the early formation of Islamic conceptions of law and its role in
social life. In this book, Rumee Ahmed shatters the prevailing
misconceptions of the purpose and form of the Islamic legal
treatise. Ahmed describes how Muslim jurists used the genre of
legal theory to argue for individualized, highly creative
narratives about the application of Islamic law while demonstrating
loyalty to inherited principles and general prohibitions. These
narratives are revealed through careful attention to the nuanced
way in which legal theorists defined terms and concepts particular
to the legal theory genre, and developed pictures of multiple
worlds in which Islamic law should ideally function. Ahmed takes
the reader into the logic of Islamic legal theory to uncover
diverse conceptions of law and legal application in the Islamic
tradition, clarifying and making accessible the sometimes obscure
legal theories of central figures in the history of Islamic law.
The book offers important insights about the ways in which legal
philosophy and theology mutually influenced premodern jurists as
they formulated their respective visions of law, ethics, and
theology. The volume is the first in the Oxford Islamic Legal
Studies series. Satisfying the growing interest in Islam and
Islamic law, the series speaks to both specialists and those
interested in the study of a legal tradition that shapes lives and
societies across the globe. The series features innovative and
interdisciplinary studies that explore Islamic law as it operates
in shaping private decision making, binding communities, and as
domestic positive law. The series also sheds new light on the
history and jurisprudence of Islamic law and provides for a richer
understanding of the state of Islamic law in the contemporary
Muslim world, including parts of the world where Muslims are
minorities.
From Louis Brandeis to Robert Bork to Clarence Thomas, the
nomination of federal judges has generated intense political
conflict. With the coming retirement of one or more Supreme Court
Justices--and threats to filibuster lower court judges--the
selection process is likely to be, once again, the center of
red-hot partisan debate.
In Advice and Consent, two leading legal scholars, Lee Epstein and
Jeffrey A. Segal, offer a brief, illuminating Baedeker to this
highly important procedure, discussing everything from
constitutional background, to crucial differences in the nomination
of judges and justices, to the role of the Judiciary Committee in
vetting nominees. Epstein and Segal shed light on the role played
by the media, by the American Bar Association, and by special
interest groups (whose efforts helped defeat Judge Bork). Though it
is often assumed that political clashes over nominees are a new
phenomenon, the authors argue that the appointment of justices and
judges has always been a highly contentious process--one largely
driven by ideological and partisan concerns. The reader discovers
how presidents and the senate have tried to remake the bench,
ranging from FDR's controversial "court packing" scheme to the
Senate's creation in 1978 of 35 new appellate and 117 district
court judgeships, allowing the Democrats to shape the judiciary for
years. The authors conclude with possible "reforms," from the
so-called nuclear option, whereby a majority of the Senate could
vote to prohibit filibusters, to the even more dramatic suggestion
that Congress eliminate a judge's life tenure either by term limits
or compulsory retirement.
With key appointments looming on the horizon, Adviceand Consent
provides everything concerned citizens need to know to understand
the partisan rows that surround the judicial nominating process.
This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.
In 1834, Sir John Herschel, perhaps the most celebrated astronomer of his time, arrived at the Cape of Good Hope to spend four years observing the southern sky.
Among his many other talents he was an accomplished artist, skilled in the use of an optical device known as a camera lucida. During these four years Herschel produced more than a hundred exquisite landscape sketches, some depicting the Feldhausen estate in the suburb of Wynberg, where he and his family lived, others meticulously recording scenes that enlivened his trips to Cape Point, to Table Mountain, to Hout Bay and to places in the farther reaches. Among the latter were Caledon, Franschhoek, Stellenbosch and Paarl.
These Herschel landscape drawings are an almost unmatched contribution to the artistic and historical record of the Cape in the early nineteenth century. They are reproduced in this title, together with a narrative text and background material that firmly set the illustrations in their social and geographical context. The result is an evocative picture of the Cape Peninsula and its environs at a time when they were still largely wild.
When International Law Works stands to change the way states and
scholars look at this contentious topic. In this seminal work,
Professor Tai-Heng Cheng addresses the current international law
debates and transcends them. Responding to influential statements
on international law by such scholars as Goldsmith, Posner,
O'Connell, and Guzman, Cheng presents a new framework that
decisionmakers should consider when they confront an international
problem that implicates the often competing policies and interests
of their own communities and global order. Instead of advocating
for or against international law as legitimate or binding, as many
commentators do, Cheng adknowledges both its shortcomings while
presenting a practical means of deciding whether compliance in a
given circumstance is beneficial, moral, or necessary. In this
manner Cheng shows how it is possible for decisionmakers to take
international law and its limitations seriously without actually
needing to determine whether or not international law is "law." To
demonstrate how his new proposal for approaching international law
would work in a real crisis, Cheng provides numerous case studies
from contemporary history that test his theory. Ranging topically
from the current global economic crisis to the West's war on
Islamist terrorism, these detailed and demonstrative case studies
set this book apart from similar works of international legal
scholarship. By combining theory with practice, When International
Law Works gives lawyers, judges, policymakers, academics and
students 'real world' guidance on how to face new global problems.
In doing so, this new book challenges readers to rethink the role
of law in an increasingly crisis-driven world.
What makes a juvenile delinquent develop into an adult criminal?
What defines-cognitively, developmentally, legally-the transition
from juvenile to adult and what determines whether patterns of
criminal behavior persist? In most US states and Western nations,
legal adulthood begins at age 18. This volume focuses on the period
surrounding that abrupt transition (roughly ages 15-29) and
addresses what happens to offending careers during it. Edited by
two leading authorities in the fields of psychology and
criminology, Transitions from Juvenile Delinquency to Adult Crime
examines why the period of transition is important and how it can
be better understood and addressed both inside and outside of the
justice system. Bringing together over thirty leading scholars from
multiple disciplines in both North America and Europe, this volume
asks critical questions about criminal careers and causation, and
whether current legal definitions of adulthood accurately reflect
actual maturation and development. The volume also addresses the
current efficacy of the justice system in addressing juvenile crime
and recidivism, why and how juveniles ought to be treated
differently from adults, if special legal provisions should be
established for young adults, and the effectiveness of crime
prevention programs implemented during early childhood and
adolescence. With serious scholarly analysis and practical policy
proposals, Transitions from Juvenile Delinquency to Adult Crime
addresses what can be done to ensure that today's juvenile
delinquents do not become tomorrow's adult criminals.
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United States Circuit Court of Appeals for the Ninth Circuit: George Hansen, A. E. Stone, J. E. Tate, George Albright, Louis Kerr, Frank J. Cleary, A. J. Macarthur and Mrs. Susie Macarthur, Plaintiffs in Error, Vs. W. A. Craig, C. A. Hamilton, Thomas Carr
(Hardcover)
United States Court of Appeals
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