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Law & Legal Reference

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by Kent Greenawalt (Author)Legal norms may forbid, require, or authorize a particular form of behavior. The law of contracts, for example, informs people how to enter into agreements that will bind both sides, and from this we establish legal requirements on how they should behave. In public law, legal standards provide authority to legislators and executive officials to set standards for citizens, and also give judges the authority to decide disputes by applying and interpreting governing st...
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by Juliette R. Scott (Author)As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical...
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by Benjamin S. Yost (Author)The specter of procedural injustice motivates many popular and scholarly objections to capital punishment. So-called proceduralist arguments against the death penalty are attractive to death penalty abolitionists because they sidestep the controversies that bedevil moral critiques of execution. Proceduralists do not shoulder the burden of demonstrating that heinous murderers deserve a punishment less than death. However, proceduralist arguments often pay insufficie...
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by Philip Pettit (Author), Kinch Hoekstra (Editor)Imagine a human society, perhaps in pre-history, in which people were generally of a psychological kind with us, had the use of natural language to communicate with one another, but did not have any properly moral concepts in which to exhort one another to meet certain standards and to lodge related claims and complaints. According to The Birth of Ethics, the members of that society would have faced a set of pressures, and made a series of adj...
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by Merrill Rotter (Editor), Heather Cucolo (Editor), Jeremy Colley (Editor)Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educ...
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by Franklin E. Zimring (Author)American Juvenile Justice is a definitive volume for courses on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the natu...
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by Michael Lerma (Author)What do traditional Indigenous institutions of governance offer to our understanding of the contemporary challenges faced by the Navajo Nation today and tomorrow? Guided by the Mountains looks at the tensions between Indigenous political philosophy and the challenges faced by Indigenous nations in building political institutions that address contemporary problems and enact "good governance." Specifically, it looks at Navajo, or Diné, political thought, focusing on tra...
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by Rhode (Author)Americans claim to care about character. Over four fifths want it taught in public schools, and 95 percent think that a president's character is important. And historically, philosophers, educators, politicians, religious leaders, judges, and the general public have agreed that charactershould be valued and reinforced. Yet in the United States, the institutions charged with that mission have consistently fallen short. Simply put, too little effort has been made to understand ...
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by Deborah L. Rhode (Author)By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the...
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by S. I. Strong (Author)How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and h...
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by Kenneth Watkin (Author)The international law governing armed conflict is at a crossroads, as the formal framework of laws designed to control the exercise of self-defense and conduct of inter-state conflict finds itself confronted with violent 21st Century disputes of a very different character. Military practitioners who seek to stay within the bounds of international law often find themselves applying bodies of law-IHRL, IHL, ICL-in an exclusionary fashion, and adherence to those boundar...
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by Liam Murphy (Author), Thomas Nagel (Author)In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of ...
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by Hugo Adam Bedau (Editor), Paul G. Cassell (Editor)When news breaks that a convicted murderer, released from prison, has killed again, or that an innocent person has escaped the death chamber in light of new DNA evidence, arguments about capital punishment inevitably heat up. Few controversies continue to stir as much emotion as this one, and public confusion is often the result. This volume brings together seven experts--judges, lawyers, prosecutors, and philosophers--to debate the death p...
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by Jay M. Feinman (Editor)1001 Legal Words You Need to Know explains and illuminates the most difficult and arcane vocabulary any American has to deal with--that of the law. This comprehensive--but never condescending--guide to the language of the American legal system carefully defines and explains every term, and many entries have supplementary notes and a sample sentence. These notes include information about grammar associated with certain terms, as well as an etymology section useful in ...
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by Jack L. Goldsmith (Author), Eric A. Posner (Author)International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why ar...
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by John Ruston Pagan (Author)In 1663, an indentured servant, Anne Orthwood, was impregnated with twins in a tavern in Northampton County, Virginia. Orthwood died soon after giving birth; one of the twins, Jasper, survived. Orthwood's illegitimate pregnancy sparked four related cases that came before the Northampton magistrates -- who coincidentally held court in the same tavern -- between 1664 and 1686. These interrelated cases and the decisions rendered in them are notable for the ways in wh...
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by Elizabeth Mertz (Author)In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.Author BiographyElizabeth Mertz is Senior Researcher, American Bar Foundation and Professor of Law, Wisconsin Law School. Number of Pages: 336 Dimensions: 0.85 x 9.24 x 6.18 IN Illustrated: Yes P...
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by James T. Patterson (Author)2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsoredracial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was num...
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by Alice Kessler-Harris (Author)In this volume, Alice Kessler-Harris explores the transformation of some of the United States' most significant social policies. Tracing changing ideals of fairness from the 1920s to the 1970s, she shows how a deeply embedded set of beliefs, or "gendered imagination" shaped seemingly neutralsocial legislation to limit the freedom and equality of women. Law and custom generally sought to protect women from exploitation, and sometimes from employment itself; but ...
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by Richard Godbeer (Author)The Salem witch hunt of 1692 is among the most infamous events in early American history; however, it was not the only such episode to occur in New England that year. Escaping Salem reconstructs the "other witch hunt" of 1692 that took place in Stamford, Connecticut. Concise and accessible, the book takes students on a revealing journey into the mental world of early America, shattering the stereotype of early New Englanders as quick to accuse and condemn. Drawing ...
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by Larry D. Kramer (Author)In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions o...
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by Siva Vaidhyanathan (Author)We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to ...
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by Wilfrid R. Prest (Author)The barristers were the most powerful and prosperous professional group in early modern England. This book systematically examines the barrister's working life during a half-century of rapid growth and structural change within the legal profession. Prest analyzes patterns of professional recruitment, training, and mobility and explores the participation of barristers in the cultural, religious, and political life of Elizabethan and early Stuart England. This is the...
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by John C. P. Goldberg (Author), Benjamin C. Zipursky (Author)Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and ...
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by Donald J. Shoemaker (Author)Theories of Delinquency is a comprehensive survey of the theoretical approaches towards understanding delinquent behavior. Donald Shoemaker aptly presents all major individualistic and sociological theories in a standard format with basic assumptions, important concepts, and critical evaluations. Theories covered include biological and psychological explanations, anomie and social disorganization, differential association, drift theory, labeling theory, critical...
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by Letizia Paoli (Author)Relying on previously undisclosed confessions of former mafia members now cooperating with the police, Letizia Paoli provides a clinically accurate portrait of mafia behavior, motivations, and structure in Italy. The mafia, Paoli demonstrates, are essentially multifunctional ritual brotherhoods focused above all on retaining and consolidating their local political power base. A truly interdisciplinary work of history, politics, economics, and sociology, Mafia Brotherh...
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by David J. Bodenhamer (Author)Though the U.S. Constitution was ratified in 1788, its impact on our lives is as recent as today's news. Claims and counterclaims about the constitutionality of governmental actions are a habit of American politics. This document, which its framers designed to limit power, often has made political conflict inevitable. It also has accommodated and legitimized the political and social changes of a vibrant, powerful democratic nation. A product of history's first m...
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by Michael C. Dorf (Author), Trevor W. Morrison (Author)The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of ...
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by James Crawford (Editor), Luke Crawford (Author)While the concepts of individual and collective human rights are well-known and have produced important changes in international law, there has emerged a "third generation" of human rights claims calling for the "rights of peoples." These include economic rights such as the right to development and the right to permanent sovereignty over natural resources, as well as more ambitious rights like the rights to peace and a healthy environment. Thi...
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by Birks (Author), Peter B. H. Birks (Editor), P. B. H. Birks (Editor)An exceptional series of seminars on criminal justice and human rights held in 1994 has given rise to this volume of essays. The contributors, among them distinguished members of the judiciary and respected academics, have produced a set of vigorous and topical essays which will be essential reading for anyone concerned about criminal law, the future direction of the British criminal justice system, and the currently evolvi...
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by Cynthia Lum (Author), Christopher S. Koper (Author)Today's police agencies are in a period of both crisis and reform as they try to improve their ability to deliver public safety to citizens in ways that are effective, legitimate, and sustainable. Evidence-based policing offers one such solution - an approach which emphasises the value that research can bring to police officers and, by extension, the public they serve. However, evidence-based policing is not just about the process of under...
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by Angela J. Davis (Author)What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-t...