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Books : Nonfiction : Law : Perspectives on Law : Conflict of Laws
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.
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Check Register/Credit/Expense, 8-3/4 x 14-3/4, 40-Page Book / A combination checkbook and expense distribution journal. Eliminates check stub records and hand copying data into a separate journal, cutting rewrite time as much as 70%. Useful in computerized accounting as data entry or backup documentation. Form Type: Check Register; Format: 40-Page Book; Form Size (W x H): 14 3/4 in x 8 3/4 in; Sheet Size (W x H): 14 3/4 in x 8 3/4 in.
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A refresher course on rights and personal freedom. What is your position on prostitution, pornography, gambling and other victimless crimes? This book will make readers consider their rights and the rights of others in a more humanistic and caring way. First serial to Playboy. (Prelude Press)
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"Leashing the Dogs of War" receives Outstanding Academic Title Award by the library journal CHOICE. Read the CHOICE review at http: //www.usip.org/newsmedia/ crocker_hampson_all/index.html. Since "Turbulent Peace" was first published in 2001, the international landscape has changed profoundly. "Leashing the Dogs of War" replaces its well-established predecessor as the definitive volume on the sources of contemporary conflict and the array of possible responses to it. The authors-more than forty of the most influential and innovative analysts of international affairs-present multiple perspectives on how best to prevent, manage, or resolve conflicts around the world. "Leashing the Dogs of War" assesses the nature and extent of the changes wrought by 9/11 and its aftermath, and explores their wide-ranging implications. For the United States, of course, the changes have been dramatic. It has engaged in a war on terrorism and has become both a third party in certain conflict arenas and a direct party to the conflict in Iraq and Afghanistan. But these events have also affected other actors, from the United Nations to humanitarian NGOs to collective defense and security organizations such as NATO and the OSCE.At the same time, some things have not changed. Failed states, economic stagnation, weapons proliferation, nuclear missiles, and identity-based conflicts continue to threaten global security. Looking at the combination of old and new threats, are traditional instruments of negotiation, mediation, peacekeeping and peace enforcement still effective in managing and resolving conflict? How do conflict management efforts and the campaign against terrorism interact in various securityenvironments? Are our institutions-be they states, coalitions of the willing, international organizations, or NGOs-capable of creating and implementing a peacemaking strategy? All these questions are addressed in this new volume.Authoritative, provocative, and insightful, "Leashing the Dogs of War" offers an unparalleled breadth and depth of analysis of conflict in today's world. It is a "must read" not only for students of international relations and conflict resolution but also for anyone-in government and outside-seeking to understand the dynamics of contemporary conflict and the best means of resolving it.
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Rather than bringing peace to the region, the Texas Rangers contributed to the violence and were often brutal in their injustices against Spanish-speaking inhabitants, who dubbed them los diablos Tejanos - the Texas devils.In revealing a barbaric code of conduct on the Rio Grande frontier, Collins shows that much of the Ranger Myth doesn't hold up to close historical scrutiny.
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The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law, including the newly finalized Rome II Regulation. The book is invaluable for the practitioner as well as being one of the leading students' textbooks in the field, giving comprehensive and accessible coverage of the basic principles of private international law, a popular law school option.
It offers students, teachers and practitioners not only a rigorous academic examination of the subject, but also a practical guide to the complex subject of private international law. Written by academics who both previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession and trusts.
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Develop perspective on the conflicts of law arena with Siegel's broad vantage point. Topics covered include issues involving domicile; jurisdiction; adjudication; statute of limitations; foreign law; contract and business cases; torts; "renvoi"; Erie Doctrine; judgments; and family (marriage, dissolution of marriage, property incidents, and custody).
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Intended to assist students in reviewing all aspects of procedural and substantive law that bear upon multi-state and International cases, such as jurisdiction of courts, federal/state court problems, recognition of judgments, pervasive problems of characterization and public policy, and approaches and solutions to choice-of-law problems by subject matter. Contains extensive review questions and model exam questions (with model answers), as well as numerous tables cross-referencing its coverage to all major casebooks in law school use and to Scoles and Hay’s Hornbook Conflict of Laws, 3d.
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The Enemy Combatants Papers presents the five major enemy combatant cases of the post-9/11 era. Presented in narrative form, these original documents tell the story that clarifies the questions at the heart of the American detention of alleged combatants in the war on terror. These documents discuss the right to counsel, the right to a trial, the right for the accused to see the evidence against him, and the intersection between domestic and international law. The book highlights the tension between the needs of national security and the liberties allotted to alleged enemies of the state by highlighting the basic question of what the U.S. Constitution guarantees and to whom. In these documents, the reader can follow the evolving arguments about presidential powers in time of war, habeas corpus, the Geneva Conventions, balance of powers, and matters of detention and prisoner treatment. Complemented with a comprehensive timeline and appendices that include the relevant cases from the Civil War, World War II, and the Korean War and the premises for setting up military commissions and Combatant Status Review Tribunals, this book is meant for those who seek to understand the issues - legal, political, and military - that have dominated the search for balance between justice and security in the war on terror.
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This textbook aims to clarify the most significant problems encountered in the American conflict of laws. Includes chapters on domicile, marriage, divorce, custody and support; torts; contracts; property; constitutional limitations on choice of law; and judgments and international problems.
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Convenient and Effective Sum and Substance audio series examining the conflict of laws in a clear, succinct, timesaving format. Includes Quick Reference Indexing, allowing you to quickly locate all topics in the recording, and informed exam tips to maximize your performance. Section titles discuss, amongst others: Definition, History and Sources of Law, Domicile, Jurisdiction, Incidental Issues/Jurisdiction, Notice, Transfer/Federal Courts, Choice of Law—In General, Escape Devices, Governmental Interest Analysis/Tort, Choice of Laws/Contract, Statutes of Fraud, Usury, Worker's Compensation Awards, Property, Trusts and Estates, Domestic Relations Law, Recognition of Judgments, Defenses, Enforcement, and Review of Judgments.
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One of the great legal minds of our time, Daube's depth of scholarship in a range of subjects-ancient literature, English literature, ancient law, medical ethics, much more-was matched by a dazzling agility and originality of mind-for instance: though raised in an Orthodox Jewish home, he produced strikingly original work on the New Testament.
David Daube's life spanned almost the entire 20th century and he was witness to its history. Born a Jew in Germany in 1909, he spent World War II and its aftermath in Britain on the faculties of Cambridge, Aberdeen, and Oxford. He came to the United States in the '60s-to the University of California at Berkeley where he reveled in what he called the "unmanicured, unclubbable, countercultural attitudes." Through it all he never lost his love for the land of his birth-though it didn't love him back for many years: he was on Hitler's list of those to be put to death once Germany had conquered England.
Not your typical fusty professor, he was a brilliant and charming commentator on matters personal, political, social, and philosophical. The reader of these jottings (set down in the 1970s and '80s) will understand within a page or two why those who knew him treasured him as a friend, mentor, and intellectual provocateur. These private reflections, gathered by one of his most distinguished students, are charming, insightful, thought-provoking, sometimes profound, and sometimes just amusing. His commentaries on political and social issues of his time ranged from bravely original thought on Israel and the Palestinians to an amusing and enlightening review of the sensational porn film Deep Throat.
Here are some sample jottings:
"I love women. They provide the unhappiness that I need in life."
"People are more struck by the asininity of the law when they are trapped by it than when they are let off."
"We are all of us survivors all the time; everything that is, is a survivor relative to what has fallen by the wayside. Naturally, having escaped from Hitler's clutches myself, I am a bit more alive to the whole business than the average guy."
The books's editor, Calum Carmichael, Professor of Comparative Literature and Adjunct Professor of Law at Cornell, has degrees in science, historical theology, and law from the Universities of Glasgow, Edinburgh, and Oxford. He teaches biblical and cognate (Near Eastern and Talmudic) literature as well as courses on law and literature in antiquity. He is the author of nine books that focus primarily on biblical law; the editor of a six volume series devoted to the work of David Daube who was his teacher at Oxford; and the author of a memoir, Ideas and the Man: Remembering David Daube.
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How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development? The authors of "Civil War and the Rule of Law" address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.
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After your casebook, "Casenotes" will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs.
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Read the Introduction.
Culture is the lens through which we make sense of the world. In any conflict, from petty disputes to wars between nation-states, the players invariably view that conflict through the filter of their own cultural experiences. This innovative volume prompts us to pause and think through our most fundamental assumptions about how conflict arises and how it is resolved.
Even as certain culturally based disputes, such as the high-profile cases in which an immigrant engages in conduct considered normal in the homeland but which is explicitly illegal in his/her new country, enter public consciousness, many of the most basic intersections of culture and conflict remain unexamined. How are some processes cultured, gendered, or racialized? In what ways do certain groups and cultures define such concepts as "justice" and "fairness" differently? Do women and men perceive events in similar fashion, use different reasoning, or emphasize disparate values and goals?
Spanning a wide array of disciplines, from anthropology and psychology to law and business, and culling dozens of intriguing essays, The Culture and Conflict Reader is edited for maximum pedagogical usefulness and represents a bedrock text for anyone interested in conflict and dispute resolution.
Contributors include: Kevin Avruch, Peter W. Black, Jeffrey Z. Rubin, Frank E. A. Sander, John Paul Lederach, Heather Forest, Sara Cobb, Janet Rifkin, Ryunosuke Akutagawa, Laura Nader, Pat Chew, Stella Ting-Toomey, Harry C. Triandis, Christopher McCusker, C. Harry Hui, Anita Taylor, Judi Beinstein Miller, Carol Gilligan, Trina Grillo, James W. Grosch, Karen G. Duffy, Paul V. Olczak, Michele Hermann, Martha Chamallas, Loraleigh Keashly, Phil Zuckerman, Tracy E. Higgins, Howard Gadlin, Janie Victoria Ward, Kyeyoung Park, Taunya Lovell Banks, Margaret Read MacDonald, Mary Patrice Erdmans, Manu Aluli Meyer, Doriane Lambelet Coleman, Bruce D. Bonta, Paul E. Salem, Mohammed Abu-Nimer, Marc H. Ross, Z.D. Gurevitch, Mari J. Matsuda, Charles R. Lawrence III, Hsien Chin Hu, Glenn R. Butterton,Walter Otto Weyrauch, Maureen Anne Bell, Martti Gronfors, Thomas Donaldson, Marjorie Shostak, and Heather Forest.
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On a horrific night in October 1975, Erwin Simants brutally murdered six members of the Henry Kellie family in tiny Sutherland, Nebraska. Massive media attention to the grisly story soon spawned a historic collision between two of the most cherished American constitutional protections the First Amendment's guarantee of a free press and the Sixth Amendment's guarantee of a criminal defendant's right to a fair trial before an impartial jury.
Rights in the Balance is the story of the complex legal battles set in motion that tragic night on the western Nebraska plains. In juxtaposition to the criminal prosecution of Erwin Simants, Mark Scherer traces the Nebraska Press Association's battle to overturn a gag order imposed on the media by state court judges. Prohibited from publishing certain details about the crimes and the Simants prosecution, the association set its own arduous legal course that would lead ultimately to the U.S. Supreme Court and the landmark ruling issued in Nebraska Press Association v. Stuart. The decision, one of the most closely followed in American constitutional history, remains one of the high court's most significant statements and controlling precedents on the troublesome and recurring conflict between the rights of free press and fair trial.
Balancing the nuances of myriad legal considerations against the very human dimensions of both the constitutional litigations and the Simants prosecution, Scherer offers up a narrative accessible not only to communications and legal specialists and scholars but also the interested general public.