Recent Acquisitions

Children: Rights and Childhood is widely regarded as the first book to offer a detailed philosophical examination of children's rights. David Archard provides a clear and accessible introduction to a topic that has assumed increasing relevance since the book's publication. Divided clearly into three parts, it covers key topics such as: John Locke's writings on children, Philippe Ariès's Centuries of Childhood, children's moral and legal rights, a child's right to vote and to sexual choice, parental rights to privacy and autonomy,and defining and understanding child abuse. The third edition has been fully revised and updated throughout with a new chapter providing an in-depth analysis of the United Nations Convention on the Rights of the Child (UNCRC) and Part II has been restructured to move the reader from general theoretical considerations of children's rights through to practical issues.

In the United States, millions of children are undocumented migrants or have family members who came to the country without authorization. The unique challenges with which these children and youth must cope demand special attention. Illegal Encounters sheds light on the unique ways in which policies, laws, and legal categories shape so much of daily life for young immigrants. The book makes visible the burdens, hopes, and potential of a population of young people and their families who have been largely hidden from public view and are currently under siege, following their movement through complicated immigration systems and institutions in the United States. By combining different perspectives from advocates, service providers, attorneys, researchers, and young immigrants, the volume presents rich accounts that can contribute to informed debates and policy reforms.

Litigating the Rights of the Child examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends.

This volume is in part intended to celebrate the 25th anniversary of the United Nations Convention on the Rights of the Child. We are now a generation on from its formulation, and, as this varied collection of articles by leading thinkers in the field reflects, children's rights have come a long way. Yet the aim of this volume is not to look back, but to take stock and look forward. It explores subjects as diverse as socio-economic rights, corporal punishment, language and scientific progress as they relate to children and their rights, and offers new insights and new ideas. Edited by one of the most respected and leading scholars in the field, The Future of Children's Rights constitutes a stimulating and useful resource for academics and practitioners alike.

Child Law expands on the 2006 UNICEF Report’s contention that children are “invisible” in law and policy. In law, children’s right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants; and as inmates in prison camps.​

With unprecedented numbers of children on the move in search of safety, Protecting Migrant Children explores the complex legal and human rights issues that arise when children cross borders as migrants. It critically examines the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children. The book brings together an interdisciplinary and multinational group of experts to assess the nature and root causes of child migration in different parts of the world, featuring national and comparative case studies in Australia, Canada, Europe, the United States and parts of Asia and Africa. The contributors address systematically the many challenges experienced and posed by young people who cross borders in search of protection, or a better quality of life. Identifying the many universal issues facing states who play host to these children, the book lays the foundations for new paradigms in law, policy and practice in the reception and management of child migrants, refugees and victims of trafficking.

This important edited collection is the culmination of research undertaken by the Children's Rights Judgments Project. This initiative involved academic experts revisiting existing case law, drawn from a range of legal sub-disciplines and jurisdictions, and redrafting the judgment from a children's rights perspective. The rewritten judgments shed light on the conceptual and practical challenges of securing children's rights within judicial decision-making and explore how developments in theory and practice can inform and (re-)invigorate the legal protection of children's rights. Collectively, the judgments point to five key factors that support a children's rights-based approach to judgment writing. These include: using children's rights law and principles; drawing on academic insights and evidence; endorsing child friendly procedures; adopting a children's rights focused narrative; and using child-friendly language.
Each judgment is accompanied by a commentary explaining the historical and legal context of the original case and the rationale underpinning the revised judgment including the particular children's rights perspective adopted; the extent to which it addresses the children's rights deficiencies evident in the original judgment; and the potential impact the alternative version might have had on law, policy or practice.

This new book, edited by Forrest S. Mosten and Adam Cordover, puts the spotlight on the wisdom and practice-derived insights of 25 authors who command vast experience in the trenches of their Collaborative practices. The book is an essential guide to convert a passion and commitment to peacemaking into the successful business of providing a respectable, dignified family law practice.

This publication well illustrates the difference that a highly trained and skilled attorney can make in the life of a child in need. Each chapter portrays a real-life case of a child in crisis and describes in detail the lawyering that was brought to bear to achieve the best outcome for that child. In describing these cases, the authors share a wealth of valuable information including primers on relevant statutory and case law, tips on conducting investigations, advice on utilizing experts, guidance on including social workers and other child-serving professionals on the legal team, and multiple checklists for motions practice and trial advocacy that will assist practitioners in various areas of the law.

The well-being of children should be a social priority, and should consider the family circumstances into which children are born. Putting Children's Interests First in U.S. Family Law and Policy details the rise of a federal policy of 'sexual expressionism', which prioritizes adults' interests over children's welfare. It describes the costs to children in the areas of family structure and stability, and the federal programs attempting to ameliorate the situation of non-marital children. Offering a detailed empirical and ethical critique both of 'sexual expressionism' and of the related federal programs, this study will be of interest to scholars and activists supporting children, women and the poor.

Adopting a child is an extraordinarily important decision. In this authoritative guide, adoption experts Robert and Jeffrey Kasky provide the information needed to navigate the adoption process and to successfully adopt a child. The book discusses the various types of adoptions, alerts readers to adoption scams, and guides readers in selecting a reputable attorney or adoption agency.

The need to repair damaged relationships that have occurred between a parent and a child is one of the biggest and most salient issues before the family courts today. This thoughtful and detailed guide helps family lawyers and related professionals understand and aid in the process of reconnecting parents and children who have had their relationship damaged by family matters. Family courts are increasingly looking at ways to reconnect parents and children whose relationships have been damaged over time. "Reunification Therapy" or "Reunification Counseling" are two common terms for procedures that are applied in attempts to reconnect a parent and a child. There can be a high level of frustration by judges, parents, and children as various procedures are implemented. Attorneys often must agree to Reunification Therapy on behalf of their clients without having clear guidelines in terms of goals, plans, methods, timelines, and defined measurable outcomes.

Author Daniel J. Hynan, Ph.D., ABAP, considers everything from ongoing controversies to empirical research to practical yet crucial considerations in the day-to-day lives of families. Accessible to professionals with all levels of experience in the area, this book integrates practical considerations about parenting plans with scientifically based and professional information. It begins by describing many of the controversies in the parenting plan arena, then provides a description of the foundation for building a good parenting plan.

Children are the central focus in any custody case, but all too often attorneys, judges, and parents can lose sight of this. This book focuses on the means that allows the child’s voice to be heard-- the appointment of a child's attorney. With the questions this raises about why to listen to the child, how to solicit the child's opinion, and what issues this may cause, this handbook presents a logical framework for addressing those questions and providing the most productive answers.

The U.S. Children’s Bureau identified inadequate representation of children as a chief obstacle to achieving a well-functioning child welfare system. This practical guide shares findings from the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep), a project of the University of Michigan Law School supported by the U.S. Children’s Bureau. Lawyers trained in the Six Core Skills of the QIC Best Practice Model improved process and outcomes for children. The book identifies the practice model, its six core skills, improved child outcomes, and more.

This is a unique family law resource, reflecting the real-world issues that are critical for working with child clients in dependency and family court settings. The authors--a psychologist who has worked with children since the mid-1980s, and an attorney who almost exclusively represents children in dependency court matters--recognize that lawyers who represent children must understand them, the system in which they are engaged, the services available to them, the schools they attend, their ethnic and cultural issues, their special needs, the legal issues they face outside of family and juvenile courts, and more.

A respected legal resource, The Indian Child Welfare Act Handbook provides a comprehensive source to assist lawyers, social workers, counselors, and others whose professions and interests involve them with Native American children. This updated edition incorporates the hundreds of new legal decisions since the last edition in 2008, including the impact of the recent Department of Interior’s ICWA regulations and two critical Supreme Court decisions. The authors examine case law from courts around the country -- this is an issue not confined to reservations and their border towns.

"Family defense does not undermine the values of child protection; it advances them." Family defense is still in its infancy in establishing itself as an important legal field. This book is written to provide advice, guidance, and encouragement to lawyers and other advocates who wish to be a family defender, and describes what family defenders should do to increase the chances of families remaining intact.

This book promotes high-quality legal representation for all clients in child welfare proceedings. It collects in one easy reference three ABA practice standards (for children’s attorneys, child welfare agencies, and parent attorneys) a model act on child representation, and an infographic on high-quality legal representation. These resources provide a solid framework for new and experienced attorneys to guide ethical and uniform practice, protect clients’ rights, navigate challenges, and understand each other’s roles in the system.

Every year, numerous crimes occur involving child eyewitnesses. But how reliable is child eyewitness evidence? This book summarises the research on how well children can describe an event and perpetrator and how well they can identify the perpetrator. It shows that although children may be less advanced in these skills than adults, they nonetheless can provide invaluable evidence.

Pulitzer Prize-winning author Jon Meacham helps us understand the present moment in American politics and life by looking back at critical times in our history when hope overcame division and fear. Our current climate of partisan fury is not new, and in The Soul of America Meacham shows us how what Abraham Lincoln called the "better angels of our nature" have repeatedly won the day. He writes about the Civil War, Reconstruction, and the birth of the Lost Cause; the backlash against immigrants in the First World War and the resurgence of the Ku Klux Klan in the 1920s; the fight for women's rights; the demagoguery of Huey Long and Father Coughlin and the isolationist work of America First in the years before World War II; the anti-Communist witch-hunts led by Senator Joseph McCarthy; and Lyndon Johnson's crusade against Jim Crow. Each of these dramatic hours in our national life have been shaped by the contest to lead the country to look forward rather than back, to assert hope over fear--a struggle that continues even now. While the American story has not always--or even often--been heroic, we have been sustained by a belief in progress even in the gloomiest of times. In this inspiring book, Meacham reassures us, "The good news is that we have come through such darkness before"--as, time and again, Lincoln's better angels have found a way to prevail.

In How to Be an Antiracist, Kendi takes readers through a widening circle of antiracist ideas--from the most basic concepts to visionary possibilities--that will help readers see all forms of racism clearly, understand their poisonous consequences, and work to oppose them in our systems and in ourselves. Kendi weaves an electrifying combination of ethics, history, law, and science with his own personal story of awakening to antiracism. This is an essential work for anyone who wants to go beyond the awareness of racism to the next step: contributing to the formation of a just and equitable society.

During the long, hot summers of the late 1960s and 1970s, one man began a campaign to open some of America's most exclusive beaches to minorities and the urban poor. That man was anti-poverty activist and one-time presidential candidate Ned Coll of Connecticut, a state that permitted public access to a mere seven miles of its 253-mile shoreline. Nearly all of the state's coast was held privately, for the most part by white, wealthy residents. This book is the first to tell the story of the controversial protester who gathered a band of determined African American mothers and children and challenged the racist, exclusionary tactics of homeowners in a state synonymous with liberalism. Coll's legacy of remarkable successes--and failures--illuminates how our nation's fragile coasts have not only become more exclusive in subsequent decades but also have suffered greater environmental destruction and erosion as a result of that private ownership.

Some Americans insist that we're living in a post-racial society. But racist thought is not just alive and well in America--it is more sophisticated and more insidious than ever. And as award-winning historian Ibram X. Kendi argues, racist ideas have a long and lingering history, one in which nearly every great American thinker is complicit. In this deeply researched and fast-moving narrative, Kendi chronicles the entire story of anti-black racist ideas and their staggering power over the course of American history. He uses the life stories of five major American intellectuals to drive this history: Puritan minister Cotton Mather, Thomas Jefferson, abolitionist William Lloyd Garrison, W.E.B. Du Bois, and legendary activist Angela Davis. As Kendi shows, racist ideas did not arise from ignorance or hatred. They were created to justify and rationalize deeply entrenched discriminatory policies and the nation's racial inequities. In shedding light on this history, Stamped from the Beginning offers us the tools we need to expose racist thinking and, in the process, he gives us reason to hope.

In this groundbreaking and important book, Danielle McGuire writes about the rape in 1944 of a twenty-four-year-old mother and sharecropper, Recy Taylor, who strolled toward home after an evening of singing and praying at the Rock Hill Holiness Church in Abbeville, Alabama. The president of the local NAACP branch office sent his best investigator and organizer--Rosa Parks--to Abbeville. In taking on this case, Parks launched a movement that exposed a ritualized history of sexual assault against black women and added fire to the growing call for change.

The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at "whites only" lunch counters lies a series of underappreciated legal dilemmas - about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students' actions initiated a national conversation over whether the Constitution's equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.

In this dramatic reexamination of the Jim Crow South, Anders Walker demonstrates that racial segregation fostered not simply terror and violence, but also diversity, one of our most celebrated ideals. By resituating the decision in the context of Southern intellectual history, Walker places diversity on a new footing, independent of affirmative action but also free from the constraints currently placed on it by the Supreme Court. With great clarity and insight, he offers a new lens through which to understand the history of civil rights in the United States.

This narrative nonfiction book contains stories of people of African origin who were never enslaved, born free, or who obtained liberty through court proceedings in the U.S. They lived in a society that sought to systematically deprive them of liberty and other human rights. This history of Free Blacks in Virginia reveals the human ability to persevere against adverse odds arising from the color of their skin, or their gender, or both. It interweaves legal history with stories of what happened to those African Americans who were free before the Civil War and lived their lives in the shadows of a complicated world.

Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment in 2020, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?

Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant's taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases, Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members. With clarity and passion, he lays out the scope of the legal system's dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

As Robert J. Spitzer demonstrates in Guns Across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in thecountry's first three centuries than in recent years. The first "gun grabbers" were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern "stand your ground" laws, and the so-called "right of rebellion" to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-hidden truth: that gun regulations are in fact as American as apple pie.

Jim Crow laws were wiped off the books decades ago, but today an extraordinary percentage of the African American community is warehoused in prisons or trapped in a parallel social universe, denied basic civil and human rights—including the right to vote; the right to serve on juries; and the right to be free of legal discrimination in employment, housing, access to education and public benefits. Alexander shows that, by targeting black men through the War on Drugs and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of colorblindness. The New Jim Crow challenges the civil rights community—and all of us—to place mass incarceration at the forefront of a new movement for racial justice in America.

Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. Gilbert King delivers this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair--saving him, against all odds, from being sentenced to death for a crime he did not commit.

In this groundbreaking narrative history, Ari Berman charts both the transformation of American democracy under the Voting Rights Act and the counterrevolution that has sought to limit voting rights, from 1965 to the present day. The act enfranchised millions of Americans and is widely regarded as the crowning achievement of the civil rights movement. And yet, fifty years later, we are still fighting heated battles over race, representation, and political power, with lawmakers devising new strategies to keep minorities out of the voting booth and with the Supreme Court declaring a key part of the Voting Rights Act unconstitutional. Berman brings the struggle over voting rights to life through meticulous archival research, in-depth interviews with major figures in the debate, and incisive on-the-ground reporting. In vivid prose, he takes the reader from the demonstrations of the civil rights era to the halls of Congress to the chambers of the Supreme Court. At this important moment in history, Give Us the Ballot provides new insight into one of the most vital political and civil rights issues of our time.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

Voting rights are a perennial topic in American politics. Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

From 1865, Susan B. Anthony and Elizabeth Cady Stanton led campaigns for equal rights for all but were ultimately defeated by a Congress and reformers intent on applying suffrage established with constitutional amendments and legislation to men only. Ignoring all women, black and white, advocates argued that enfranchising black men would solve race problems, masking the effect on women. This book weaves Anthony's and Stanton's campaigns together with national and congressional events, in the process uncovering relationships among these events and revealing the devastating impact on the women and their campaign for civil rights for all citizens.

When Women Won the Vote focuses on the final decade (1910-1920) of American women's fight for the vote--a fight that had already been underway for more than sixty years, and which culminated in the passage of the 19th amendment in 1920. Sandra Opdycke reveals how woman suffragists campaigned in communities across the country, building a mass movement and tirelessly publicizing their cause. Meanwhile, in Washington DC, the main suffrage organization led by Carrie Chapman Catt courted the President and Congress with diplomatic skill, while the smaller National Woman's Party, headed by Alice Paul, intensified political pressure with confrontational picketing and demonstrations. Supported by primary documents and online eResources, this book adds context by describing the historical events that shaped this crucial decade in American women's fight for the vote.

Four generations of women fought for the right to vote. Suffrage not only reminds us of the laws that conspired against women's equality in the post-Civil War United States, but it also illustrates--through the eyes of the suffragists themselves--the cultural and religious norms that had held women in second-class status for centuries. Early suffragists grappled with isolation and outright hostility as they lectured around the nation, even as they tried to reassure the public that politicized women would still serve the family. Others espoused outrage by organizing public protests. This book shows how lasting political change comes about through a combination of working from within the system and outside of it, and deftly illustrates the tensions within the movement. Although the vote was finally won in 1920, it was not without tremendous sacrifice. The book lays bare the strategies that led to the single-minded focus on the vote and the consequences of postponing action on so many other issues that remained for later generations to address, including reproductive freedom, labor rights, and equal pay.

In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of 'intentionless free speech' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.

To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.

This documentary tells the inspiring and heartwarming story of Mildred and Richard Loving, an interracial couple who married in 1958 despite Virginia's anti-miscegenation laws. After hearing the Loving v. Virginia case, the U.S. Supreme Court ruled unanimously in favor of the Lovings on June 12, 1967. This precedent-setting decision resulted in 16 states being ordered to overturn their bans on interracial marriage. Alabama was the last holdout, finally repealing its anti-miscegenation law in 2000.
Director: Nancy Buirski
Writers: Nancy Buirski and Susie Ruth Powell

The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Judge Keith's forty-five plus years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction.

From one of the most brilliant and influential lawyers of our time comes an unforgettable true story about the redeeming potential of mercy. Bryan Stevenson was a gifted young attorney when he founded the Equal Justice Initiative, a legal practice dedicated to defending the poor, the wrongly condemned, and those trapped in the furthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man sentenced to die for a notorious murder he didn't commit. The case drew Stevenson into a tangle of conspiracy, political machination, and legal brinksmanship - and transformed his understanding of mercy and justice forever. 

We the Corporations chronicles the astonishing story of one of the most successful yet least well-known "civil rights movements" in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation's earliest days to gain equal rights under the Constitution--and today have nearly all the same rights as ordinary people.
In this heated political age, nothing can be timelier than Winkler's tour de force, which shows how America's most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

In the "MeToo" era, this much-needed resource provides critical background and best practices for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Sexual harassment is a form of harassment on the basis of sex, and retaliation claims have continued to increase. Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act.

In this volume ten expert historians and legal scholars examine the Civil Rights Act of 1866, the first federal civil rights statute in American history. The act declared that all persons born in the United States were citizens without regard to race, color, or previous condition of slavery. Designed to give the Thirteenth Amendment practical effect as former slave states enacted laws limiting the rights of African Americans, this measure for the first time defined U.S. citizenship and the rights associated with it. Essays examine the history and legal ramifications of the act and highlight competing impulses within it, including the often-neglected Section 9, which allows the president to use the nation's military in its enforcement; an investigation of how the Thirteenth Amendment operated to overturn the Dred Scott case; and New England's role in the passage of the act.

In Gay Priori, Libby Adler offers a comprehensive critique of mainstream LGBT legal agendas in the United States and a new direction for LGBT law reform. Adler shows how LGBT equal rights discourse drives legal advocates toward a narrow array of reform objectives--namely, same-sex marriage, anti-discrimination protections, and hate crimes statutes. This approach means that many legal issues that greatly impact the lives of the LGBT community's most marginalized members--especially those who are transgender, homeless, underage, or nonwhite--often go unnoticed. Such a narrow focus on equal rights also fixes and flattens LGBT identities, perpetuates the uneven distribution of resources such as safety, housing, health, and wealth, and limits the capacity for advocates to imagine change. To combat these effects, Adler calls for prioritizing the redistribution of resources in ways that focus on addressing low-profile legal conditions such as foster care and other issues that better meet the needs of LGBT people.

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. Coming at a time when explicit racism is resurfacing, Hernández's look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power. In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.

Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, this book describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone--including students, faculty, administrators, and alumni--when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought--and a greater tolerance for both.

This book provides the first national study of this intense and challenging struggle which disrupted and refashioned institutions in almost every state. It also illuminates the context for one of the most transformative educational movements in American history through a history of black higher education and black student activism before 1965.

The story of Richard and Mildred Loving, an interracial couple, whose challenge of their anti-miscegenation arrest for their marriage in Virginia led to a legal battle that would end at the US Supreme Court. Based in part on the documentary "The Loving story" by Nancy Buirski.
Writer/Director: Jeff Nichols
Cast: Joel Edgerton, Ruth Negga, Marton Csokas, Nick Kroll, Michael Shannon

The Internet of Things : Legal Issues, Policy, and Practical Strategies features chapters on IoT legal and policy issues by some of the leading authorities and thinkers from government, academia, and private practice. More than 30 experts from a variety of backgrounds and points of view address a wide range of topics relating to the IoT with a multidisciplinary approach.

This book emphatically redresses the anachronistic 'monolocation' production/trade model by reconstructing the WTO as a world trade community from a social perspective.

Air law has evolved and grown along with the aviation industry. Today, there is an elaborate and wide-ranging collection of international conventions, treaties, and air transport agreements, as well as a highly developed body of domestic law having an international application that governs air transport. Behind the glamour of air transportation is a myriad of issues relating to aviation security, aviation safety, the use of airports and air navigation services, as well as environmental concerns that are at play and that require extensive analysis and study. Since the first edition of the book in 2008, there have been significant developments in aviation law, public policy, and technology. Several major diplomatic conferences have been convened by the International Civil Aviation Organization (ICAO), and these conferences have drafted major treaties. Additionally, in 2016, the ICAO General Assembly adopted a Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). New technologies also now capture the attention of Air Law, including Unmanned Aerial Vehicles (drones) and space transportation.

In today’s global marketplace, it is essential for companies create and implement anti-corruption policies and procedures to meet their legal compliance obligations and mitigate risks. In a single, concise publication, Stuart H. Deming successfully integrates the critical factors that require consideration in designing and implementing an effective anti-bribery compliance program. In so doing, he provides a practical framework that is invaluable in almost any legal setting.

Joint Tenancies remains the only work at this time inviting careful thought about the commercial landlord’s risk and reward scenarios in leasing to marijuana businesses. The book seeks to teach readers about issues to take to heart in the Cannabis industry real estate leasing process and to be successful in doing so. Toward the end of the book, some forms are included that offer ideas for how a landlord might treat this type of transaction. Using these forms, or anything like them, won’t guarantee that a landlord avoids forfeiture or personal criminal prosecution if that landlord veers off the regulatory rails. Any potential commercial landlord must proceed with extreme caution. Part of that process is to obtain competent legal advice from an experienced attorney in the local community.

In Foreclosed, Christopher K. Odinet gives voice to the stories of homeowners that have been neglected, particularly those facing foreclosure and deep financial distress. The book reveals the powerful and often invisible mortgage servicing industry, the tremendous discretionary power it wields over the housing lives of most Americans, and the servicing problems that still persist today. In doing so, it unveils a quiet and dangerous market shift in mortgage servicing - namely, an ongoing move toward a shadow banking sector where regulation is weak - that threatens the stability of our housing finance system. Ultimately, the book demonstrates how the law does not afford homeowners the protection most think and how regulation of these mortgage middlemen remains weak. Foreclosed should be read by anyone concerned with the state of housing and home ownership in the United States.

The legal frameworks for procurement that states have developed contain both similarities as well as critical differences, making it difficult for suppliers who provide products to multiple states. This book delineates each state's law, practice, and key issues, offering time-saving access to information in a single volume. Each chapter is written by individuals knowledgeable in each state's' laws and processes, and includes: a listing of purchasing laws and regulations; descriptions of purchasing methods; and explanations of bid protest procedures, contract claims processes, and administrative and judicial review.

The 2017 A201 Deskbook identifies and analyzes every significant change made to the A201 document, and also includes for the first time a section-by-section critical analysis of the A201, with case law interpretations and practice tips.

Banking law is a vast and multifaceted area of practice that can be daunting. The Keys to Banking Law provides you with a thorough history of banking law and guides you through today’s system of financial regulation that is unlike anything else in the world. The second edition has been updated and expanded to include new chapters on Bank Deposits and Short-Term Borrowing; Safety and Soundness/Risk Management; and Bank Resolution and Orderly Liquidation Authority.

In nearly every forum, blockchain has been described as one of the most transformative and disruptive technologies in decades. Blockchain for Business Lawyers identifies the principal challenges of blockchain (distributed ledger technology) in seven separate fields of law, reviews legal developments, and suggests possible resolutions in light of these developments.

Electronic Payment Systems explores the innovations in payment systems, and the legal and technological questions that they present. Written by experts in the field, this book provides a topical discussion of the principal electronic payment systems utilized today, including important regulatory issues that concern money laundering, tax enforcement, and sanctions regimes.

A charging order is a remedy by which a judgment-creditor may collect against a member’s interest in an LLC or a partner’s interest in a partnership. With the increased popularity of LLCs, charging orders are becoming more common and it is crucial that both planners and those seeking to collect on judgments understand what a charging order does and does not do. Likewise, those seeking to resist a charging order need to understand how they may do so. Written by Jay Adkisson, a nationally-recognized expert on charging orders, with input from members of the Business Law Section’s LLCs, Partnerships and Unincorporated Entities Committee, The Charging Orders Practice Guide will help you understand the complexities of this area of the law.

This comprehensive and valuable guide is designed to assist companies and their counsel in assessing the risk of being hacked from anywhere in the world. Beginning with an introduction to the importance of cybersecurity due diligence, the Guide explains to M&A counsel and their clients the key requirements of the cybersecurity due diligence process that should be part of every M&A transaction.

Accessible to practitioners with varying degrees of experience in the subject, An Estate Planner’s Guide to Buy-Sell Agreements for the Closely Held Business provides guidance for assisting owners of a closely held business in structuring arrangements to deal with the withdrawal of an owner from the ownership of the business. The book explains the important differences to consider when drafting an agreement for a business operating as a corporation (either a C or S corporation), a partnership, or a limited liability company (LLC).

We the Corporations chronicles the astonishing story of one of the most successful yet least well-known "civil rights movements" in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation's earliest days to gain equal rights under the Constitution--and today have nearly all the same rights as ordinary people.
In this heated political age, nothing can be timelier than Winkler's tour de force, which shows how America's most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

Nonprofit Law is a practical and quick reference for the attorney who needs answers to basic questions to advise the client on nonprofit issues. Written by leaders in the field, this resource covers the formation, tax, governance, and documentation, as well as other areas including mergers and sale of assets of nonprofits, and dissolution of nonprofits.

Internal Corporate Investigations, Fourth Edition, guides you through the steps necessary to conduct a proper and thorough legal investigation. Each chapter covers one aspect of conducting an investigation, clearly describing and advising you on the methods and skills involved, while providing you with practical tips on anticipating, recognizing, and avoiding the traps you are certain to encounter.

This book focuses on the federalization of corporate governance in the United States from both historical and contemporary perspectives. Although the states traditionally have regulated the sphere of corporate governance - encompassing the relations among and between the subject corporation,its directors, it officers, its stockholders, and other stakeholders - federal law today impacts the governance of publicly-traded companies to a greater degree than ever before in U.S. history. This book discusses the evolution and development of corporate governance from a federal law perspective from the commencement of the twentieth century to the present. It examines the tension between state company law and federal law, analyzes the federal historical developments, explains the ramifications of the federal legislation enacted during the past two decades, and recommends corrective measures that should be implemented. The book accordingly provides an original, historical, and contemporary analysis of the federalization of corporate governance - a subject that impacts this country's economic well-being in a very fundamental way.

As the legal industry evolves and changes to accommodate technological advancements and challenges that regular face in-house counsel, it is imperative to stay abreast of current issues. To address these issues, the Guide for In-House Counsel: Practical Resource to Cutting-Edge Issues provides practical advice on meeting the daily challenges including attorney-client privilege, internal investigations, cybersecurity issues, trademarks and more. Each chapter covers key topics and issues that arise within a particular area of the law, which are identified throughout the book as practice pointers.

Published in a comprehensive, one-volume compendium for easy reference and guidance are the three pieces addressing the statutory and contractual underpinnings of the modern trust indenture. They are: The Revised Model Simplified Indenture; The Model Negotiated Covenants and Related Definitions; and, The Annotated Trust Indenture Act.

Written by veteran M&A practitioners with experience in dealing with the myriad governance issues that develop in M&A transactions, this indispensable guide gives directors, management and legal and financial advisors a detailed framework for providing effective oversight of M&A deals. Additionally, it is a valuable roadmap for establishing good board process for M&A transactions, and outlines the courts’ expectations of both the target and the buyer board at key points in the M&A process.

In its second edition, this guidebook is intended to serve as a resource and toolbox for deal lawyers who seek to more effectively plan, manage, and execute M&A transactions. Written by seasoned M&A practitioners, this valuable guide will help you work faster and smarter, meeting the demands of increasingly sophisticated clients and keeping pace with today’s dynamic legal marketplace. As a practical resource, this guide contains essential tools that deal lawyers can consult, customize, and adapt as they effectively scope, plan, manage, and execute M&A transactions. Deal velocity continues to accelerate as a result of advances in technology, instant communication and virtual due diligence and closings.

The Bankruptcy Handbook for Franchisors and Franchisees explores bankruptcy issues relevant to franchisors and franchisees and the unique challenges that each must address in bankruptcy cases of the other. The chapter authors and editors, all experienced franchise law practitioners, address bankruptcy from every angle, including the different scenarios presented in the most commonly occurrence of a franchisee filing for bankruptcy, versus a franchisor bankruptcy filing.

The third edition of Advising the Small Business is updated with new information, checklists, and forms regarding issues that small businesses face. Whether a lawyer is approaching an issue from scratch or dealing with an existing situation, this book will help legal counsel provide more effective legal and strategic guidance to small business clients, produce relevant documents, and spot issues that require further research or a specialist.

Serving as an analytical tool and a comprehensive, practical guide for franchise law practitioners, this is an exceptionally useful resource for "old hands" as well as for those who are new to the practice of franchise law. Written by a team of experienced franchise lawyers, this book serves not only as an important resource for understanding the provisions of the FTC Rule, as well as guidance from state regulatory agencies and NASAA. The book also contains the invaluable Franchise Rule Toolkit and additional source materials essential to interpreting the FTC Rule's disclosure requirements.

This updated fourth edition is a valuable and practical “go-to” reference for general practitioners, business lawyers, and corporate counsel who need to quickly learn and understand the intellectual property (IP) issues that arise in various business contexts. This fourth edition is updated and expanded to include three new chapters IP assignments; music licensing; and IP issues that arise in advertising, and recent changes to the existing 20 chapters.

Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions--some of which have proved remarkably durable even in the face of contrary evidence--and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Author Stephen C. Yeazell argues that today's system has in some ways overcome--albeit inconsistently--disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today--even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

This Benchbook provides a comprehensive overview of case management, best practices, and decision making in United States business courts. Providing an overview of 25 states with business courts, the Benchbook identifies and details business court administration, procedures, and best practices nationwide, and addresses common legal issues decided by business courts.

Business Bribes: Corporate Corruption and the Courts details two dozen of the most important and interesting U.S. judicial opinions dealing with commercial bribery, both domestic and foreign. The industries involved include agriculture, women’s handbags, and Indian casinos, and the deals take place from Alaska to Florida and, around the globe, from Venezuela to Hungary and Azerbaijan. The bribes in these cases, numerous and generous, take the form of cash, stock, shares of future profits, vouchers, stock options, wire transfers, luxury vacations, and a wide range of other financial incentives.

This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today.

Following the dissolution of the Soviet Union in 1991, the Russian financial system was transformed from a centrally planned command economy to a market-based economy. With increasing business transactions and investment in Russia, implementing effective investment strategies and successful business relationships with (and between) Russian entities will require the ability to navigate the business laws of Russia. Written for attorneys, business professionals, government officials, academics, and the general public, Russia Corporate, Financial, and Commercial Law provides an authoritative legal resource on the Russian legal system, laws, rules, regulations, and court decisions. This book is the only legal reference to provide practical legal lessons, case studies and a detailed analysis for conducting business with Russia.

This book contains practical insider advice on conducting business in Asia. The four most comprehensive chapters examine China, India, Japan, and Korea, which are the dominant players in the region. Other chapters reveal the unique aspects of doing business in smaller but still vital economies such as Indonesia, Thailand, Singapore, Malaysia, the Philippines, and Taiwan. Then, sometimes overlooked and emerging economies with great potential such as Vietnam are explored. Long-term success overseas requires taking the time to educate, plan, prepare, and execute with both a specific business strategy and cultural sensitivity in mind.

Get the most out of cutting-edge blockchain technology using the hands-on information contained in this comprehensive resource. Written by a team of technology and legal experts, Blockchain: A Practical Guide to Developing Business, Law, and Technology Solutions demonstrates each topic through a start-to-finish, illustrated case study. The book includes financial, technology, governance, and legal use cases along with advantages and challenges. Validation, implementation, troubleshooting, and best practices are fully covered.

Created by programmers from the mid-90s onwards and launched by technology disruptors in 2008 on the back of the biggest corporate failings in trust and honesty the modern world has seen, Blockchain collects facts as diverse as Wikipedia and churns them out randomly. Heralded as the next big thing, blockchain has the potential to radically change the way lawyers work, and even threaten their very existence. So, what is it, and how does it work? This book, featuring opinions and experience from some of the most knowledgeable thought leaders on the subject, aims to cut through the hype and explore the many different facets of blockchain, and what it will mean for the legal profession.

Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you "mine" money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as "smart contracts," to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation--a blockchain's greatest asset--subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

This guide, written by CSR legal practice leaders and non-attorney experts, is a comprehensive resource and valuable practice tool for in-house and outside counsel to help their companies, firms, and clients develop effective CSR programs. The book includes discussions on governance and sustainability, community relations, environmental matters, reporting, stakeholder engagement, aboriginal rights, labor and supply chain practices, and more.

It's raining bad data, half-truths, and fake news out there, and some of this nonsense is having devastating consequences. Daniel J. Levitin shows how corporate and government reports, statistics, and news stories can mislead, and reveals the ways the public is fooled by numbers and logic. Case studies are offered to demonstrate the applications of logical thinking to quite varied settings, spanning courtroom testimony, medical decision making, magic, modern physics, and conspiracy theories.

The Black Migrant Athlete analyzes the construction of race in Western societies through a study of the black African migrant athlete. Munene Franjo Mwaniki presents ten black African migrant athletes as a conceptual starting point to interrogate the nuances of media representations of the migrant and immigrant experience with a global perspective. By using celebrity athletes such as Hakeem Olajuwon, Dikembe Mutombo, and Catherine Ndereba as entry points into a global discourse, Mwaniki explores how these athletes are wrapped in social and cultural meanings by predominately white-owned and -dominated media organizations. Drawing from discourse analysis and cultural studies, Mwaniki examines the various power relations via media texts regarding race, gender, sexuality, class, and nationality.

A good visualization can communicate the nature and potential impact of information and ideas more powerfully than any other form of communication. A new generation of tools and massive amounts of available data make it easy for anyone to create visualizations that communicate ideas far more effectively than generic spreadsheet charts ever could. In Good Charts, "dataviz" maven Scott Berinato provides an essential guide to how visualization works and how to use this new language to impress and persuade. This book is much more than a set of static rules for making visualizations. It taps into both well-established and cutting-edge research in visual perception and neuroscience, as well as the emerging field of visualization science, to explore why good charts (and bad ones) create "feelings behind our eyes." Along the way, Berinato also includes many engaging vignettes of dataviz pros, illustrating the ideas in practice.

In every era of communications technology - whether print, radio, television, or Internet - some form of government censorship follows to regulate the medium and its messages. Today we are seeing the phenomenon of 'machine speech' enhanced by the development of sophisticated artificial intelligence. Ronald K. L. Collins and David M. Skover argue that the First Amendment must provide defenses and justifications for covering and protecting robotic expression. It is irrelevant that a robot is not human and cannot have intentions; what matters is that a human experiences robotic speech as meaningful. This is the constitutional recognition of 'intentionless free speech' at the interface of the robot and receiver. Robotica is the first book to develop the legal arguments for these purposes. Aimed at law and communication scholars, lawyers, and free speech activists, this work explores important new problems and solutions at the interface of law and technology.

To allow or restrict hate speech is a hotly debated issue in many societies. While the right to freedom of speech is fundamental to liberal democracies, most countries have accepted that hate speech causes significant harm and ought to be regulated. Richard Moon examines the application of hate speech laws when religion is either the source or target of such speech. Moon describes the various legal restrictions on hate speech, religious insult, and blasphemy in Canada, Europe and elsewhere, and uses cases from different jurisdictions to illustrate the particular challenges raised by religious hate speech. The issues addressed are highly topical: speech that attacks religious communities, specifically anti-Muslim rhetoric, and hateful speech that is based on religious doctrine or scripture, such as anti-gay speech. The book draws on a rich understanding of freedom of expression, the harms of hate speech, and the role of religion in public life.

Author Cherian George calls "hate spin" strategy a double-sided technique that combines hate speech (incitement through vilification) with manufactured offense-taking (the performing of righteous indignation). He argues that governments must protect vulnerable communities by prohibiting calls to action that lead directly to discrimination and violence.

Social media offers a platform for individual self-expression and the sharing of information. However, social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from both public and private law perspectives and outlines how the law has endeavored to adapt the existing tools to social media.The expert contributors explore a range of ideas to investigate the intersection between law and social media and they provide an insight into the challenges the legal community currently face. This collection explores key topics such as public and private law implications, the gap between the lay and legal understandings of social media, the conflict of laws regarding social media and the individual rights associated with social media.

Every successful lawyer requires the knowledge and complex skills to communicate effectively with fellow citizens from a wide variety of ethnicities and belief systems. Kiss, Bow, or Shake Hands provides insights into understanding how an individual’s culture can influence a case or a negotiation that is not only a valuable skill but also an imperative in today's diverse business environment.

Public speaking is a skill that can be learned, just like any other skill such as writing, playing an instrument, a sport or being a chef. A quick and easy read, this book provides you with the basic and advance techniques, and insider knowledge, you need to improve your presentations, whether in or out of court. Attorneys and non-attorneys alike will find a multitude of techniques that can be used immediately to improve their presentation skills. Being Heard: Presentation Skills for Attorneys consolidates the most helpful and effective tips of the trade in order for you and your staff to become better public speakers. These tools have been time-tested and will help to ensure that both in and out of the courtroom, the reader projects the image and message that you want.

This handbook deals with social media laws and related governance principally in the United States (including a separate chapter on records management within the context of social media), while providing the reader with ample coverage of key global regions, including Canada, the European Union, Australia, and Asia.

While technology positively impacts the legal profession and improves workflows, a lawyer must also master social media skills and know that all existing rules of ethics still apply while navigating the brave new world of status updates, tweets, Instagram followers, and YouTube uploads. Written to assist lawyers navigate the often slippery slope of digital communication such as Twitter, Facebook, and more, this pertinent book offers necessary guidance for one’s ethical responsibilities in social media.

The Telecom Antitrust Handbook, Third Edition is intended to serve as a comprehensive review and analysis of the application of antitrust law and principles to the telecommunications industries (including wireline and wireless telecom, broadband access, and video programming distribution) for use by telecom and antitrust counsel in evaluating the many competitive issues that arise in the telecom markets.

Social Media Law, 3rd Edition, examines social and new media issues through the lens of law and policy. With social networking and the use of social media and new media always growing, it is essential for attorneys and law students to understand the trends in these platforms when advising clients of the potential risks and pitfalls of social media and social networking use. This edition covers a wide range of recent court decisions; privacy issues regarding employers and employees on social media; and social media directives issued by the Securities and Exchange Commission and Federal Drug Administration.

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies - remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed.

The Hartford Guidelines on Speech Crimes in International Criminal Law are a comprehensive survey of individual criminal responsibility for harmful speech acts under international criminal law. The Guidelines offer a restatement of current international law concerning speech crimes with a view to assisting international agencies, national authorities and other actors contemplating appropriate regulatory responses to inciting speech and associated human rights violations.

Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, this book describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone--including students, faculty, administrators, and alumni--when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought--and a greater tolerance for both.

Communications Sector Protection and Homeland Security is an eye-opening account and an important reference source of a complex sector. Communications systems are the backbone for much of the critical infrastructure within the United States and many of the other infrastructure components are completely dependent on them to perform their missions. They serve part in parcel with other key national security and emergency preparedness resources. This book examines the importance that communication sector has for national security policy and issues of homeland security.

You can't copyright facts, but is news a category unto itself? Without legal protection for the "ownership" of news, what incentive does a news organization have to invest in producing quality journalism that serves the public good? This book explores the intertwined histories of journalism and copyright law in the United States and Great Britain, revealing how shifts in technology, government policy, and publishing strategy have shaped the media landscape. Publishers have long sought to treat news as exclusive to protect their investments against copying or "free riding." But over the centuries, arguments about the vital role of newspapers and the need for information to circulate have made it difficult to defend property rights in news. Beginning with the earliest printed news publications and ending with the Internet, Will Slauter traces these countervailing trends, offering a fresh perspective on debates about copyright and efforts to control the flow of news.

The Sit-Ins tells the story of the student lunch counter protests and the national debate they sparked over the meaning of the constitutional right of all Americans to equal protection of the law. Christopher W. Schmidt describes how behind the now-iconic scenes of African American college students sitting in quiet defiance at "whites only" lunch counters lies a series of underappreciated legal dilemmas - about the meaning of the Constitution, the capacity of legal institutions to remedy different forms of injustice, and the relationship between legal reform and social change. The students' actions initiated a national conversation over whether the Constitution's equal protection clause extended to the activities of private businesses that served the general public. The courts, the traditional focal point for accounts of constitutional disputes, played an important but ultimately secondary role in this story. The great victory of the sit-in movement came not in the Supreme Court, but in Congress, with the passage of the Civil Rights Act of 1964, landmark legislation that recognized the right African American students had claimed for themselves four years earlier. The Sit-Ins invites a broader understanding of how Americans contest and construct the meaning of their Constitution.

Looking forward to the 100-year anniversary of the passage of the Nineteenth Amendment in 2020, this collection of original essays takes a long view of the past century of women's political engagement to gauge how much women have achieved in the political arena. The volume looks back at the decades since women won the right to vote to analyze the changes, developments, and even continuities in women's roles in the broad political sphere. Ultimately, the book asks two important questions about the last 100 years of women's suffrage: 1) How did the Nineteenth Amendment alter the American political system? and 2) How has women's engagement in politics changed over the last 100 years? As the volume traces women's forceful presence and limitations in politics over the past century, it also helps us look forward to consider the next 100 years: what additional victories might be won and what new defeats will need women's response?

As Robert J. Spitzer demonstrates in Guns Across America, gun ownership is as old as the nation, but so is gun regulation. Drawing on a vast new dataset of early gun laws reflecting every imaginable type of regulation, Spitzer reveals that firearms were actually more strictly regulated in thecountry's first three centuries than in recent years. The first "gun grabbers" were not 1960's Chablis-drinking liberals, but seventeenth century rum-guzzling pioneers, and their legacy continued through strict gun regulations in the 1920s and beyond. Spitzer examines interpretations of the Second Amendment, the assault weapons controversy, modern "stand your ground" laws, and the so-called "right of rebellion" to show that they play out in America's contemporary political landscape in ways that bear little resemblance to our imagined past. Not only can gun rights and rules coexist, but they have throughout American history. Guns across America reveals the long-hidden truth: that gun regulations are in fact as American as apple pie.

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Presidential power is perhaps one of the most central issues in the study of the American presidency. Since Richard E. Neustadt's classic study, first published in 1960, there has not been a book that thoroughly examines the issue of presidential power. Presidential Power: Theories and Dilemmas by noted scholar John P. Burke provides an updated and comprehensive look at the issues, constraints, and exercise of presidential power. This book considers the enduring question of how presidents can effectively exercise power within our system of shared powers by examining major tools and theories of presidential power, including Neustadt's theory of persuasion and bargaining as power, constitutional and inherent powers, Samuel Kernell's theory of going public, models of historical time, and the notion of internal time. Using illustrative examples from historical and contemporary presidencies, Burke helps students and scholars better understand how presidents can manage the public's expectations, navigate presidential-congressional relations, and exercise influence in order to achieve their policy goals.

Noted political scientist Benjamin Ginsberg has written an essential text on the United States presidency. An invaluable resource, Ginsberg's comprehensive analysis emphasizes the historical, constitutional, and legal dimensions of presidential power. He explores the history and essential aspects of the office, the president's relationship to the rest of the executive branch and to a subordinated Congress, and the evolution of the American president from policy executor to policy maker.

In an era of intense partisan polarization and institutional dysfunction, Investigating the President delves into the dynamics of congressional investigations and how Congress leverages this tool to counterbalance presidential power. Douglas Kriner and Eric Schickler construct the most comprehensive overview of congressional investigative oversight to date, analyzing nearly thirteen thousand days of hearings, spanning more than a century, from 1898 through 2014. The authors examine the forces driving investigative power over time and across chambers, identify how hearings might influence the president's strategic calculations through the erosion of the president's public approval rating, and uncover the pathways through which investigations have shaped public policy. Put simply, by bringing significant political pressure to bear on the president, investigations often afford Congress a blunt, but effective check on presidential power--without the need to worry about veto threats or other hurdles such as Senate filibusters.

Birthright citizenship has a deep and contentious history in the United States, one often hard to square in a country that prides itself on being "a nation of immigrants." Even as the question of citizenship for children of immigrants was seemingly settled by the Fourteenth Amendment, vitriolic debate has continued for well over a century, especially in relation to U.S. race relations. Most recently, a provocative and decidedly more offensive term than birthright citizenship has emerged: "anchor babies." With this book, Leo R. Chavez explores the question of birthright citizenship, and of citizenship in the United States writ broadly, as he counters the often hyperbolic claims surrounding these so-called anchor babies. Chavez considers how the term is used as a political dog whistle, how changes in the legal definition of citizenship have affected the children of immigrants over time, and, ultimately, how U.S.-born citizens still experience trauma if they live in families with undocumented immigrants. By examining this pejorative term in its political, historical, and social contexts, Chavez calls upon us to exorcise it from public discourse and work toward building a more inclusive nation.

Most Americans take for granted their right to vote, whether they choose to exercise it or not. But the history of suffrage in the U.S. is, in fact,the story of a struggle to achieve this right by our society's marginalized groups. In The Right to Vote, Duke historian Alexander Keyssar explores the evolution of suffrage over the course of the nation's history. Examining the many features of the history of the right to vote in the U.S.--class, ethnicity, race, gender, religion, and age--the book explores the conditions under which American democracy has expanded and contracted over the years. Keyssar presents convincing evidence that the history of the right to vote has not been one of a steady history of expansion and increasing inclusion, noting that voting rights contracted substantially in the U.S. between 1850 and 1920. Keyssar also presents a controversial thesis: that the primary factor promoting the expansion of the suffrage has been war and the primary factors promoting contraction or delaying expansion have been class tension and class conflict.

From 1865, Susan B. Anthony and Elizabeth Cady Stanton led campaigns for equal rights for all but were ultimately defeated by a Congress and reformers intent on applying suffrage established with constitutional amendments and legislation to men only. Ignoring all women, black and white, advocates argued that enfranchising black men would solve race problems, masking the effect on women. This book weaves Anthony's and Stanton's campaigns together with national and congressional events, in the process uncovering relationships among these events and revealing the devastating impact on the women and their campaign for civil rights for all citizens.

When Women Won the Vote focuses on the final decade (1910-1920) of American women's fight for the vote--a fight that had already been underway for more than sixty years, and which culminated in the passage of the 19th amendment in 1920. Sandra Opdycke reveals how woman suffragists campaigned in communities across the country, building a mass movement and tirelessly publicizing their cause. Meanwhile, in Washington DC, the main suffrage organization led by Carrie Chapman Catt courted the President and Congress with diplomatic skill, while the smaller National Woman's Party, headed by Alice Paul, intensified political pressure with confrontational picketing and demonstrations. Supported by primary documents and online eResources, this book adds context by describing the historical events that shaped this crucial decade in American women's fight for the vote.

Four generations of women fought for the right to vote. Suffrage not only reminds us of the laws that conspired against women's equality in the post-Civil War United States, but it also illustrates--through the eyes of the suffragists themselves--the cultural and religious norms that had held women in second-class status for centuries. Early suffragists grappled with isolation and outright hostility as they lectured around the nation, even as they tried to reassure the public that politicized women would still serve the family. Others espoused outrage by organizing public protests. This book shows how lasting political change comes about through a combination of working from within the system and outside of it, and deftly illustrates the tensions within the movement. Although the vote was finally won in 1920, it was not without tremendous sacrifice. The book lays bare the strategies that led to the single-minded focus on the vote and the consequences of postponing action on so many other issues that remained for later generations to address, including reproductive freedom, labor rights, and equal pay.

In this volume, Bradley C. S. Watson brings together the leading scholars who have sparked one of the most important intellectual and political movements of our times: the criticism of the progressive intellectual synthesis that has dominated American thought and politics over much of the last century, and has provided the framework in which the administrative state has expanded and flourished. The contributors address the most important questions raised by this movement: what is the meaning of progressivism? What is the nature of the Founders' Constitution and the progressive challenges to it? What is the significance of recent scholarship and public opinion that have arisen in opposition to the progressive vision? What are the implications of American progressivism for twenty-first century politics and policy? Progressive Challenges to the American Constitution addresses the growing doubt about the scope and sustainability of expanded government power.

Intellectual property law is built on constitutional foundations and is underpinned by the twin freedoms of freedom of expression and freedom of economic enterprise. In this thoughtful evaluation, Gustavo Ghidini offers up a reconstruction of the core features of each intellectual property paradigm, including patents, copyright, and trademarks, suggesting measures for reform to allow intellectual property to become socially beneficial for all. Rethinking Intellectual Property is a deeply reflective conceptualization of the modern principles of intellectual property law at both a national and an international level. This book will be invaluable reading for anyone interested in the conceptual foundations of intellectual property law, and challenges the reader to re-examine their understanding of the field.

Reclaiming Constitutionalism articulates an argument for why the constitutional phenomenon remains attached to the state – despite the recent advent of theories of global constitutionalism. Drawing from the idea that constitutionalism historically sought to build social consensus, this book argues that the primary aim of constitutionalism is to create social peace and to shield, rather than to limit, the power of political elites in any given state. Implicit in the effort to preserve social peace is the fundamentally important acknowledgement of social conflict. Constitutionalism seeks to offer a balance between opposing social forces. However, this balancing process can sometimes ignite, rather than appease, social conflict. Constitutionalism may thus further a project of social struggles and emancipation, for it incorporates within its very nucleus the potential for an agonistic version of democracy. In light of the connection between social conflict and constitutionalism, this book explores the conditions for and locations of the former. From the state and the EU to the global level, it considers the role of citizenship, national identities, democracy, power, and ideology, in order to conclude that the state is the only site that satisfies the prerequisites for social conflict. Reclaiming constitutionalism means building a discourse that opens up an emancipatory potential; a potential that, under current conditions, cannot be fulfilled beyond the borders of the state.

While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. This book is the starting point of a more comprehensive theory of the right to democratic belonging. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.

This documentary tells the inspiring and heartwarming story of Mildred and Richard Loving, an interracial couple who married in 1958 despite Virginia's anti-miscegenation laws. After hearing the Loving v. Virginia case, the U.S. Supreme Court ruled unanimously in favor of the Lovings on June 12, 1967. This precedent-setting decision resulted in 16 states being ordered to overturn their bans on interracial marriage. Alabama was the last holdout, finally repealing its anti-miscegenation law in 2000.
Director: Nancy Buirski
Writers: Nancy Buirski and Susie Ruth Powell

This book represents a comprehensive coverage of the doctrine of sovereign immunity; one chapter provides a summary of the sovereign immunity laws in all US states. The book provides the reader with a knowledge and understanding of the sovereign immunity doctrine but also covers the important legal problems and road blocks that confront attorneys who represent victims of improvident government actions. One chapter discusses the immunity of foreign States regarding claims filed against foreign governments in United States courts and when and how a claim can be brought successfully against a foreign State in a court in the United States for violations, among others, of international law. The book is an invaluable reference work for attorneys who may represent victims of governmental misconduct; attorneys should read this book in advance to filing a lawsuit against the government in any context.

We the Corporations chronicles the astonishing story of one of the most successful yet least well-known "civil rights movements" in American history. Hardly oppressed like women and minorities, business corporations, too, have fought since the nation's earliest days to gain equal rights under the Constitution--and today have nearly all the same rights as ordinary people.
In this heated political age, nothing can be timelier than Winkler's tour de force, which shows how America's most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.

In Glass and Gavel, noted legal expert Nancy Maveety has written the first book devoted to alcohol in the nation's highest court of law, the United States Supreme Court. Combining an examination of the justices' participation in the social use of alcohol across the Court's history with a survey of the Court's decisions on alcohol regulation, Maveety illustrates the ways in which the Court has helped to construct the changing culture of alcohol. "Intoxicating liquor" is one of the few things so plainly material to explicitly merit mention, not once, but twice, in the amendments to the U.S. Constitution. Maveety shows how much of our constitutional law--Supreme Court rulings on the powers of government and the rights of individuals--has been shaped by our American love/hate relationship with the bottle and the barroom. From the tavern as a judicial meeting space, to the bootlegger as both pariah and patriot, to the individual freedom issue of the sobriety checkpoint--there is the Supreme Court, adjudicating but also partaking in the temper(ance) of the times. In an entertaining and accessible style, Maveety shows that what the justices say and do with respect to alcohol provides important lessons about their times, our times, and our "constitutional cocktail" of limited governmental power and individual rights.

When we think of constitutional law, we invariably think of the Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Federal Appellate Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting our individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these accounts tell just part of the story. The book corrects this omission by looking at each issue (and some others as well) through the lens of many constitutions, not one constitution, of many courts, not one court, of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to our vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

The decision in Dred Scott v. Sandford (1857), that African Americans were unable to become American citizens and therefore lacked standing to sue in federal court, and that Congress had no authority to prohibit slavery in the territories, was truly monumental in its impact on the nation and immediately generated widespread public debate. For more than one hundred and fifty years, there existed no single source containing the nine opinions that comprise the Dred Scott decision alongside the contemporary intellectual commentary. This volume not only fills that scholarly void but also includes Professor Lind's bibliographic essay which traces the production and transmission history of Dred Scott and details many previously unrecorded bibliographic aspects of the separately printed decision. In doing so, Lind adds important elements to the historiography of a landmark in American judicial thought--a decision which provided the textual ammunition for both sides of a debate that further divided the nation as it marched toward civil war.

By any standards, Professor Henry Paul Monaghan is a giant figure in American constitutional law. Monaghan, the Harlan Fiske Stone Professor of Constitutional Law at Columbia, is a prolific scholar and renowned classroom teacher whose work is characterized by insight and by independence of thought. Other scholars, practicing lawyers wrestling with difficult issues in constitutional law and federal courts law, and Supreme Court justices alike are students of his many articles and essays. This selection of what Professor Monaghan sees as the essential core of his scholarship enables the reader to grasp the overall shape of Monaghan's profound understanding of the law of the United States Constitution.

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. More than any other work on the market, Mark Graber's book highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

The fundamental fact about our Constitution is that it is old - the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity and Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge - the ultimate translator - has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity and Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

The First World War profoundly affected the American political system by transforming constitutional law and providing the predicate for the modern administrative state. In this groundbreaking study, William G. Ross examines the social, political, economic and legal forces that generated this rapid change. Ross explains how the war increased federal and state economic regulatory powers, transferred power from Congress to the President, and altered federalism by enhancing the powers of the federal government. He demonstrates how social changes generated by the war provided a catalyst for the expansion of personal liberties, including freedom of speech, freedom of the press, and the rights of women, racial minorities, and industrial workers. Through a study of constitutional law, gender, race, economics, labor, the prohibition movement, international relations, civil liberties, and society, this book provides a major contribution to our understanding of the development of the American Constitution.

In this book, Michael J. C. Taylor outlines an intellectual history of the six essential phrases of the Preamble of the U.S. Constitution. These phrases convey what the essential goals and purposes of the Constitution are, and this book's essential mission is to discern both the original intent of the Framers, as well as the Enlightenment legacy they left to us. This book examines the writings of the Framers, as well as the various works that inspired their ideas and the abstract concepts they studied.

In this volume ten expert historians and legal scholars examine the Civil Rights Act of 1866, the first federal civil rights statute in American history. The act declared that all persons born in the United States were citizens without regard to race, color, or previous condition of slavery. Designed to give the Thirteenth Amendment practical effect as former slave states enacted laws limiting the rights of African Americans, this measure for the first time defined U.S. citizenship and the rights associated with it. Essays examine the history and legal ramifications of the act and highlight competing impulses within it, including the often-neglected Section 9, which allows the president to use the nation's military in its enforcement; an investigation of how the Thirteenth Amendment operated to overturn the Dred Scott case; and New England's role in the passage of the act.

Over three decades after its initial publication, Louis Fisher's durable classic remains at the head of its class; a book that Congressional Quarterly called "as close to being indispensable as anything published in this field." This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton's impeachment battles to the recent controversies over President Bush's conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context.

The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies - remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed.

Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how "winner-take-all" and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections. This timely analysis of election law and politics outlining key structural election reforms combines distinct analysis of presidential, Senate, and U.S. House elections reforms, while also addressing reforms at the state and local government level. The author argues for fundamental structural changes to U.S. elections like Proportional Representation and Ranked Choice Voting, without requiring any constitutional amendments. Analysis of recent political developments such as progress on the National Popular Vote Interstate Compact, the adoption of Ranked Choice Voting state-wide in Maine, and the 2018 Supreme Court gerrymandering cases add real-world relevance and applicability.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

As President Trump and Congressional Democrats battle over the findings of the Mueller report, talk of impeachment is in the air. But what are the grounds for impeaching a sitting president? Who is subject to impeachment? Is impeachment effective as a safeguard against presidential misconduct? What challenges does today's highly partisan political climate pose to the impeachment process, and what, if any, meaningful alternatives are there for handling presidential misconduct? For more than twenty years, The Federal Impeachment Process has served as the most complete analysis of the constitutional and legal issues raised in every impeachment proceeding in American history. Impeachment, Michael J. Gerhardt shows, is an inherently political process designed to expose and remedy political crimes--serious breaches of duty or injuries to the Republic. Subject neither to judicial review nor to presidential veto, it is a unique congressional power that involves both political and constitutional considerations, including the gravity of the offense charged, the harm to the constitutional order, and the link between an official's misconduct and duties. For this third edition, Gerhardt updates the book to cover cases since President Clinton, as well as recent scholarly debates. He discusses the issues arising from the possible impeachment of Donald Trump, including whether a sitting president may be investigated, prosecuted, and convicted for criminal misconduct or whether impeachment and conviction in Congress is the only way to sanction a sitting president; what the "Emoluments Clause" means and whether it might provide the basis for the removal of the president; whether gross incompetence may serve as the basis for impeachment; and the extent to which federal conflicts of interest laws apply to the president and other high ranking officials. Significantly updated, this book will remain the standard work on the federal impeachment process for years to come.

A detailing of the precise nature of impeachment law, by a respected attorney and legal scholar. The book includes a study of the language of the law and its precise grounds and repercussions; how the founding fathers based US impeachment rules on British law; and a history of the law's application in American history, including details of the 18 cases of impeachment that have taken place (of judges and legislators as well as several presidents).

Americans tend to believe in government that is transparent and accountable. Those who govern us work for us, and therefore they must also answer to us. But how do we reconcile calls for greater accountability with the competing need for secrecy, especially in matters of national security? Those two imperatives are usually taken to be antithetical, but Heidi Kitrosser argues convincingly that this is not the case -- and that our concern ought to lie not with secrecy, but with the sort of unchecked secrecy that can result from "presidentialism", or constitutional arguments for broad executive control of information. In Reclaiming Accountability, Kitrosser traces presidentialism from its start as part of a decades-old legal movement through its appearance during the Bush and Obama administrations, demonstrating its effects on secrecy throughout. Taking readers through the key presidentialist arguments -- including "supremacy" and "unitary executive theory" -- she explains how these arguments misread the Constitution in a way that is profoundly at odds with democratic principles. Kitrosser's own reading offers a powerful corrective, showing how the Constitution provides myriad tools, including the power of Congress and the courts to enforce checks on presidential power, through which we could reclaim government accountability.

The Law of the Executive Branch: Presidential Power places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the U.S. Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.

A timely account of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, author David J. Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country's revered and colorful presidents at their most trying times: Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately, and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.

Cass R. Sunstein provides a succinct citizen's guide to an essential tool of self-government. He illuminates the constitutional design behind impeachment and emphasizes the people's role in holding presidents accountable. Despite intense interest in the subject, impeachment is widely misunderstood. Sunstein identifies and corrects a number of misconceptions. For example, he shows that the Constitution, not the House of Representatives, establishes grounds for impeachment, and that the president can be impeached for abuses of power that do not violate the law. Even neglect of duty counts among the "high crimes and misdemeanors" delineated in the republic's foundational document. With an eye toward the past and the future, Impeachment: A Citizen's Guide dispels the fog surrounding impeachment so that Americans of all political convictions may use their ultimate civic authority wisely.

To End a Presidency addresses one of today's most urgent questions: when and whether to impeach a president. Laurence Tribe and Joshua Matz provide an authoritative guide to impeachment's past and a bold argument about its proper role today. In an era of expansive presidential power and intense partisanship, we must rethink impeachment for the twenty-first century. This is an essential book for all Americans seeking to understand how the crucial but fearsome power should be exercised.

Local Government, Land Use, and The First Amendment serves as a general overview of the areas in which the First Amendment and land use law intersect. Topics of discussion include regulations on signs and billboards, artwork and aesthetics, religious land uses, adult businesses, and speech on private and public property.

America's Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration's treatment of disloyal persons during the Civil War, President Wilson's organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt's handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Vietnam war. A chapter on the post 9-11 treatment of suspected terrorists covers surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. Author Thomas J. Reed concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.

Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country's leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky's stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.

This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.

Since the beginning of the Supreme Court of the United States in 1789, seventeen men have held the Chief Justice position. The first three held the position for a total of eleven years, and the next two (Marshall and Taney) held the Chief Justice position for the next sixty-three years (the two longest chiefs in our history). This book seeks to examine the position of Chief Justice more closely, to describe the position's origins and duties, and explore the court under each of the seventeen chiefs. Exploration includes the background and careers of the chiefs before becoming Chief Justice, discusses the cultural times and puts their rise and tenure in our nation's context, while discussing some of the key associate justices who sat with each of the seventeen. Each chapter also focuses on some key decisions of the Chief Justices' courts.

This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions, beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

Before taking her place as the second woman on the Supreme Court of the United States, Ruth Bader Ginsburg quietly led a revolution and forever changed life in America for both men and women. Reserved and quiet, she didn't set out to be a trailblazer, but there was something in her way: the law. Hundreds of years of legal precedent, a line of devastating Supreme Court cases, and countless statutes depriving women of equal citizenship and keeping them from full participation in the legal and political process. Mixing social and legal history with a moving and intimate biography, award-winning author Teri Kanefield captures a turbulent era and tells the story of how Ruth Bader Ginsburg defied expectations to become one of the most influential and powerful women in America.

No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at Law School in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings, doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family and believed in serving her country, who, when she became the most powerful woman in America, built a bridge forward for the women who followed her.

Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.

Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.

On matters of access, the Supreme Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question.

In Law and Legitimacy in the Supreme Court, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. This book offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon's account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government--and how we've come to accept it at our peril. It is the nine justices who too often now decide the controversial issues of our time--from abortion and same-sex marriage, to gun control, campaign finance and voting rights. Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court - Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices' aggrandizement of power over the decades - from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn't partisan: conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

In this major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions—largely through the power of dissent. Dissent on the court and off has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

In the 1972 Furman v. Georgia decision, the U.S. Supreme Court ruled capital punishment unconstitutional because of its arbitrary and capricious administration. Four years later in Gregg v. Georgia (1976), the Court approved a system with special guidelines to reduce or eliminate the problems earlier identified. But has it worked as intended? Deadly Justice offers a comprehensive overview of our nation's modern experiment with capital punishment. At a time when other countries have abandoned judicial execution, the U.S. attempted to fix its own flawed system. The book's empirical focus shows that not only has the modern system retained the vast majority of the issues that concerned the Justices in Furman, but several new problems have arisen as well; cost, botched lethal injections, decades of delay, geographic concentration in just a few states and jurisdictions within states, enormous rates of reversal, and last minute stays of execution. Thus, if anything, the modern death penalty not only fails the Furman test, but it scores even worse than the historical death penalty which was declared unconstitutional in 1972. Deadly Justice examines how exactly efforts to improve the system have failed.

Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

The story of Richard and Mildred Loving, an interracial couple, whose challenge of their anti-miscegenation arrest for their marriage in Virginia led to a legal battle that would end at the US Supreme Court. Based in part on the documentary "The Loving story" by Nancy Buirski.
Writer/Director: Jeff Nichols
Cast: Joel Edgerton, Ruth Negga, Marton Csokas, Nick Kroll, Michael Shannon

For increasingly data-savvy clients, lawyers can no longer give "it depends" answers rooted in anecdata. Clients insist that their lawyers justify their reasoning, and with more than a limited set of war stories. The considered judgment of an experienced lawyer is unquestionably valuable. However, on balance, clients would rather have the considered judgment of an experienced lawyer informed by the most relevant information required to answer their questions. Data-Driven Law: Data Analytics and the New Legal Services helps legal professionals meet the challenges posed by a data-driven approach to delivering legal services. Data-driven decision-making requires firms to think differently about their workflow. Most firms warehouse their files, never to be seen again after the matter closes. Running a data-driven firm requires lawyers and their teams to treat information about the work as part of the service, and to collect, standardize, and analyze matter data from cradle to grave.

Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements provides practical guidance and best practices to help you understand cloud agreements. Information and approaches to create useful cloud computing agreements that meet your clients’ business and legal requirements include: how to evaluate vendors and recognize agreements that heavily favor the vendor; detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients’ needs; warranties, indemnities, and limitations of liability in cloud contracts; best practices for cloud privacy and maintaining security; practical tips for effective cloud negotiations to better arm you to create “win-win” cloud agreements; alternative dispute resolution, litigation strategies, and bankruptcy considered in the context of cloud agreements; mitigating risk through cyberliability insurance; negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution; and more!

The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

In his fourth edition of A Manual of Style for Contract Drafting, Kenneth A. Adams has updated and expanded his valuable guide by more than 100 pages of new and updated material. For those who draft, review, negotiate, or interpret contracts, this is an essential desk reference.

Contract Drafting serves as a complete how-to guide for lawyers new to transactional practice or for more experienced lawyers looking to reinforce their skills. This clearly-written guide explains how the drafting process works; how transactional lawyers work from prior documents to produce effective and complete legal documents that protect the client’s interests. It is an supremely practical guide that is straightforward and to the point, organized for ease of use and full of important tips and techniques.

Contract Drafting: Powerful Prose in Transactional Practice is a complete how-to guide for all lawyers who desire to hone their drafting skills. The book explains the contract drafting process in terms of content and style, demonstrating through authentic examples how to revise template documents to produce effective and complete contracts that protect the client’s interests.

Using his extensive knowledge of the law and contracts, veteran attorney R.J. Spjut provides a valuable framework for identifying risks in most transactions and the contractual terms and conditions used to allocate and manage those risks. Unlike other texts in this area, Transaction Risk provides a systematic description of transaction risks and the applicable contractual terms that are used to manage them.

In this book, the authors explore the relationship between federal procurement and the Civil False Claims Act (FCA), which is the federal government's principal civil tool in its anti-fraud efforts. The book describes the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts.

This new second edition provides a framework for prime contractors and subcontractors to negotiate the terms and conditions of service subcontracts in support of federal government customers. This guide is based on the published Federal Acquisition Regulation and Department of Defense FAR Supplement texts as of November 30, 2018.

This concise resource offers citations to state codes and cases, as well as providing a practical guide through analysis and reasoning of specific topics. In addition, it offers a firm analytic foundation for those who will need to perform more in-depth research on any of the given procurement topics for their specific jurisdiction.

The fourth edition of Government Contract Law is a comprehensive, step-by-step guide through all aspects of federal government contracting and incorporates numerous significant changes in procurement since the Third Edition was published. Based on the Contract Attorney's course of The Judge Advocate General's Law Center and School, this valuable deskbook is designed to help attorneys safely navigate the entire federal contracting process, from pre-bidding through award, and on to protest and litigation.

The fourth edition of Government Contract Law is a comprehensive, step-by-step guide through all aspects of federal government contracting and incorporates numerous significant changes in procurement since the Third Edition was published. Based on the Contract Attorney's course of The Judge Advocate General's Law Center and School, this valuable deskbook is designed to help attorneys safely navigate the entire federal contracting process, from pre-bidding through award, and on to protest and litigation.

Summarizes the Federal Acquisition Regulation System (FARS), improper business practices and personal conflicts of interest, publicizing contract actions, outsourcing/privatization, and competition requirements. Addresses acquisition plans, contractor qualifications, contract delivery, and performance. Explains socio-economic policies, commercial items, options, sealed bidding, and negotiation. Reviews general contracting requirements, intellectual property, cost accounting standards, cost principles, financing, protests, disputes, and appeals. Explores research and development contracting, construction and architect-engineer contracts, inspection and warranty, value engineering, delays, suspension of work, modifications, subcontracting, and government contract termination.

Written by many of the top experts in government contracts and construction law, Federal Government Construction Contracts contains detailed analysis and citations in all areas of the government construction contract law. This completely revised and updated edition provides a basic knowledge of the principles of federal government construction contracting along with its regulations and case law.

Guide to Fixed-Price Supply Subcontract Terms and Conditions, Fifth Edition, provides a complete roadmap for drafting and negotiating subcontracts based on the terms and conditions of the Model Subcontract Form developed by the ABA Section of Public Contract Law's Strategic Alliances, Teaming, and Subcontracting Committee. The Model Subcontract -- both the short-form and full-text versions – and the detailed explanations of each provision help simplify the complicated drafting and negotiation process for both prime contractors and subcontractors.

More Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this comprehensive guide pulls together the basics of constructing a building and presents it in a practical format.

This practical reference book is ideal for both lawyers and business people, including contract managers, procurement officers, corporate counsel, and anyone else responsible for contracts. Perhaps most important, the book is accessible, clear, and precise-just like a good contract.

Art is an asset of passion, as author Ramsay H. Slugg states, yet it also has unique and important financial characteristics. This makes art possibly the most difficult asset to incorporate into an overall estate and financial plan. Handbook of Practical Planning for Artists, Art Collectors and Their Advisors addresses two essential elements of art ownership: planning for the ultimate disposition of the art, including how to address the wealth represented by the art into any estate and financial planning, and also the practical considerations for collectors as they actively collect and plan for the art’s eventual disposition.

In early 1992, several months after ethnic tensions had burst into terrible conflicts in Bosnia and Herzegovina, tensions reached a boiling point in Višegrad. Muslims began to be systematically attacked, tortured or killed resulting in a massive population shift that meant the near eradication of the Muslim population in the area. The investigations into these crimes led to the prosecution of direct perpetrators. Through first-hand witness testimonies, Trial and Appeals Chambers judgements and interviews with the protagonists, Crimes before the ICTY: Višegrad tells the gripping story of the judicial response to the tide of ethnic cleansing that swept the municipality. In English, Bosnian Serbian and Croatian with subtitles in English.
Director/Writer: Steve Coulson
Narrators: Anna Dil, Aida Hasanbegovic

On 6 August 1992, British journalists from ITN and the Guardian unveiled to the world the existence of camps for non-Serb civilians in the area of Prijedor in north-western Bosnia and Herzegovina. Shocking images of emaciated inmates circled the planet in just a few days and shook the conscience of humanity. Barely two months later, a process was set in motion which would change the face of international criminal justice forever. Through interviews, investigative news footage and courtroom testimonies, Crimes before the ICTY: Prijedor depicts the discovery of the camps and the subsequent process that led to the establishment of the first international criminal Tribunal since WWII, as well as the judicial outcome of the crimes committed in this Bosnian town. In English, French, German and Serbo-Croatian with subtitles in English.
Director/Writer: Petar Finci

The Supreme Court in its last term by a vote of 6-3 invalidated a statute passed by Congress touching on the status of Jerusalem, affirming the U.S. Court of Appeals for the D.C. Circuit decision in Zivotofsky v. Secretary of State that the President's power to recognise foreign sovereigns is exclusive and trumps Congress's authority to regulate passports. The Court's decision in Zivotofsky v. Kerry (Zivotofsky II) represents the first time the Court has struck down a congressionally enacted law on the basis of a separation-of-powers infringement involving a matter of foreign affairs. At the same time, the Court rejected the executive branch assertion that it has exclusive authority to conduct international diplomacy, while endorsing Congress's ample authority to influence the nation's foreign affairs. The implications the decision will have on Congress's foreign affairs authority will likely depend on its interpretation by lower courts, as well as the two political branches. This book briefly describes legislative efforts to modify U.S. policy with respect to Jerusalem, in particular multiple enactments of the passport provision. The book next summarises the appellate court's opinion finding the passport measure at issue unconstitutional. Turning to the Supreme Court decision, it presents brief synopses of the petitioner's argument, the Secretary of State's brief in response, and briefs of amici curiae submitted by the Senate and by some Members of the House of Representatives. The book then summarises the Supreme Court decision, including concurrences and dissents. Finally, the book concludes by suggesting possible implications of the decision with respect to Congress's authority to influence foreign affairs.

Devil in the Grove, winner of the Pulitzer Prize for general nonfiction, is a gripping true story of racism, murder, rape, and the law. It brings to light one of the most dramatic court cases in American history, and offers a rare and revealing portrait of Thurgood Marshall that the world has never seen before. Gilbert King delivers this great untold story of American legal history, a dangerous and uncertain case from the days immediately before Brown v. Board of Education in which the young civil rights attorney Marshall risked his life to defend a boy slated for the electric chair--saving him, against all odds, from being sentenced to death for a crime he did not commit.

In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.

Dr. Delaram Farzaneh's groundbreaking book is the first comprehensive critique of Iran's gender-based discrimination against women from the various perspectives of domestic and comparative law, Islamic jurisprudence, and international human rights laws, within a historical context. The rights of women have gone through an undeniable evolution throughout Iran's long history as one of the world's oldest civilizations. Since the beginning of the 20th century alone, Iran has gone through three dramatic changes in the structure of its government, each with a direct and powerful impact on the legal and social status of women. Dr. Farzaneh relates the historical struggle of Iranian women against persistent social taboos and legal hurdles to acquire the most fundamental legal rights, beginning with ancient times through the Qājār and the Pahlavī Monarchy. She also analyzes the dramatic setbacks to women's rights after the 1979 Islamic Revolution that resulted in the re-imposition of discrimination against women on the ground of their "sex" throughout the entire Iranian legal system. Finally, Dr. Farzaneh presents a compelling analysis of the ban on women from judgeships in Iran. She explores how this ban is in violation of Iran's legal obligations under international human rights laws. She argues that the intentional banning of women from judgeships exemplifies the pervasive systematic discrimination against women in Iran, not just in equal participation in decision-making positions, but in all spheres of their lives.

This second edition highlights the availability of both "for free" and "for a fee" resources and also provides an accurate picture of libraries and archives that still maintain physical copies (both print and microform). This Union List is divided into four sections: United States Supreme Court, United States Circuit Courts of Appeals, State Final Appellate Courts, and State Intermediate Appellate Courts.

Anatomy of a False Confession takes the reader inside the interrogation room and inside the courtroom of the Teresa Halbach murder investigation to expose the interrogators' tricks, the prosecutors' ploys, and the judicial sleight of hand that conspired to put Dassey behind bars--probably for the rest of his life. The book also discusses several ways that the law should be reformed to avoid future injustices.

The Supreme Court's Style Guide contains the style preferences of the Supreme Court, used by its Reporter of Decisions when preparing the Court's official opinions and the published United States Reports. This guide has never before been made available to the public. Essential for any judge, court, or attorney, the Supreme Court's Style Guide is destined to become the authority in legal style.

The true story of Abraham Lincoln's last murder trial, a case in which he had a deep personal involvement--and which played out in the nation's newspapers as he began his presidential campaign At the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases, including more than twenty-five murder trials during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer. Lincoln's Last Trial captures the presidential hopeful's dramatic courtroom confrontations in vivid detail as he fights for his client, but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

Rose Elizabeth Bird was forty years old when in 1977 Governor Edmund G. "Jerry" Brown chose her to become California's first female supreme court chief justice. Appointed to a court with a stellar reputation for being the nation's most progressive, Bird became a lightning rod for the opposition due to her liberalism, inexperience, and gender. Over the next decade, her name became a rallying cry as critics mounted a relentless effort to get her off the court. Bird survived three unsuccessful recall efforts, but her opponents eventually succeeded in bringing about her defeat in 1986, making her the first chief justice to be removed from the California Supreme Court. The Case of Rose Bird provides a fascinating look at this important and complex woman and the political and cultural climate of California in the 1970s and 1980s. Seeking to uncover the identities and motivations of Bird's vehement critics, Kathleen A. Cairns traces Bird's meteoric rise and cataclysmic fall. Cairns considers the instrumental role that then-current gender dynamics played in Bird's downfall, most visible in the tensions between second-wave feminism and the many Americans who felt that a "radical" feminist agenda might topple long-standing institutions and threaten "traditional" values.

The Honorable Damon J. Keith was appointed to the federal bench in 1967 and has served as a judge on the United States Court of Appeals for the Sixth Circuit since 1977, where he has been an eloquent defender of civil and constitutional rights and a vigorous enforcer of civil rights law. In Crusader for Justice: Federal Judge Damon J. Keith, authors Peter J. Hammer and Trevor W. Coleman present the first ever biography of native Detroiter Judge Keith, surveying his education, important influences, major cases, and professional and personal commitments. Judge Keith's forty-five plus years on the bench offer a unique viewpoint on a tumultuous era of American and legal history. Readers interested in Civil Rights-era law, politics, and personalities will appreciate the portrait of Keith's fortitude and conviction.

Benched is a memoir of the life of Federal Judge Jon O. Newman. It is an explanation of what judges really do, a proposal for a better justice system, and a firsthand account of several important cases dealing with topics ranging from terrorism to movie stars. In this title, Newman aims to dispel the popular notion that judges vote based on personal preference. He outlines twenty proposals for improvements in the American system of Justice, covering such diverse topics as police misconduct laws, selection of juries, citizen standing to sue government officials, reviving the independent counsel, and death penalty sentencing.

However rare, some injustices are "objectively" determined, often through DNA evidence, which allows us to squarely establish innocence despite a conviction. But the stories selected for this book represent a cross-section: some are such that (almost) every reader will see and acknowledge the wrong, and some interviews may leave the readers scratching his head, wondering "what was the author thinking?" By speaking with those impacted by injustices that occurred over the last 60 years, this book requires readers to look at injustice in the context of our times. The stories told by the participants themselves give the reader insight into the challenges of dispensing, and even commenting on, justice.

This two-volume set edited by James E. Berger serves as a comprehensive reference guide to practitioners, both in the U.S. and abroad, on the various issues that can arise when cross-border cases are litigated in U.S. courts. Topics covered include: a basic overview of the U.S. court system; concepts of subject matter and personal jurisdiction; concepts of forum and venue; governing law, and choice-of-law; discovery; judgment; arbitration; sovereign litigation, bankruptcy, and trade disputes.

The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The author's goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law.

In the "MeToo" era, this much-needed resource provides critical background and best practices for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Sexual harassment is a form of harassment on the basis of sex, and retaliation claims have continued to increase. Harassment claims based on sex, not just sexual conduct or language, have become more complex and difficult to defend. This important new book provides guidance and best practices for attorneys who litigate claims alleging gender harassment and retaliation claims under Title VII of the Civil Rights Act.

In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court's inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the United States. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue -- and to change our attitudes about mental illness as a whole.

In Glass and Gavel, noted legal expert Nancy Maveety has written the first book devoted to alcohol in the nation's highest court of law, the United States Supreme Court. Combining an examination of the justices' participation in the social use of alcohol across the Court's history with a survey of the Court's decisions on alcohol regulation, Maveety illustrates the ways in which the Court has helped to construct the changing culture of alcohol. "Intoxicating liquor" is one of the few things so plainly material to explicitly merit mention, not once, but twice, in the amendments to the U.S. Constitution. Maveety shows how much of our constitutional law--Supreme Court rulings on the powers of government and the rights of individuals--has been shaped by our American love/hate relationship with the bottle and the barroom. From the tavern as a judicial meeting space, to the bootlegger as both pariah and patriot, to the individual freedom issue of the sobriety checkpoint--there is the Supreme Court, adjudicating but also partaking in the temper(ance) of the times. In an entertaining and accessible style, Maveety shows that what the justices say and do with respect to alcohol provides important lessons about their times, our times, and our "constitutional cocktail" of limited governmental power and individual rights.

When we think of constitutional law, we invariably think of the Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Federal Appellate Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting our individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these accounts tell just part of the story. The book corrects this omission by looking at each issue (and some others as well) through the lens of many constitutions, not one constitution, of many courts, not one court, of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to our vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

By any standards, Professor Henry Paul Monaghan is a giant figure in American constitutional law. Monaghan, the Harlan Fiske Stone Professor of Constitutional Law at Columbia, is a prolific scholar and renowned classroom teacher whose work is characterized by insight and by independence of thought. Other scholars, practicing lawyers wrestling with difficult issues in constitutional law and federal courts law, and Supreme Court justices alike are students of his many articles and essays. This selection of what Professor Monaghan sees as the essential core of his scholarship enables the reader to grasp the overall shape of Monaghan's profound understanding of the law of the United States Constitution.

The fundamental fact about our Constitution is that it is old - the oldest written constitution in the world. The fundamental challenge for interpreters of the Constitution is how to read that old document over time. In Fidelity and Constraint, legal scholar Lawrence Lessig explains that one of the most basic approaches to interpreting the constitution is the process of translation. Indeed, some of the most significant shifts in constitutional doctrine are products of the evolution of the translation process over time. In every new era, judges understand their translations as instances of "interpretive fidelity," framed within each new temporal context. Yet, as Lessig also argues, there is a repeatedly occurring countermove that upends the process of translation. Throughout American history, there has been a second fidelity in addition to interpretive fidelity: what Lessig calls "fidelity to role." In each of the cycles of translation that he describes, the role of the judge - the ultimate translator - has evolved too. Old ways of interpreting the text now become illegitimate because they do not match up with the judge's perceived role. And when that conflict occurs, the practice of judges within our tradition has been to follow the guidance of a fidelity to role. Ultimately, Lessig not only shows us how important the concept of translation is to constitutional interpretation, but also exposes the institutional limits on this practice.The first work of both constitutional and foundational theory by one of America's leading legal minds, Fidelity and Constraint maps strategies that both help judges understand the fundamental conflict at the heart of interpretation whenever it arises and work around the limits it inevitably creates.

As the employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country's leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and Citizens United, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky's stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.

This book presents a quantitative history of constitutional law in the United States and brings together humanistic and social-scientific approaches to studying law. Spanning the history of constitutional law since Reconstruction, this book illustrates the way in which the law evolves with American life and argues that a social-scientific approach to the history of law illuminates connections across disparate areas of the law, connected by the social context in which the Constitution has been interpreted.

How does the U.S. Supreme Court shape constitutional and political development? In The Collision of Political and Legal Time, Kimberley Fletcher answers this question by analyzing the key role the Court has played in interpreting presidential decision-making in the area of foreign affairs since 1936. She reconsiders the Curtiss-Wright Court, which instituted a new constitutional order that established plenary powers independent of congressional delegation. Fletcher also reexamines Japanese internment and detainee cases, demonstrating the entrenchment of the new constitutional order and how presidential ascendency becomes institutionalized. Other cases, such as Youngstown, illustrate how the Court, during a time of war, will check Executive power and authority. The book examines these cases and controversies in foreign policymaking through the twentieth and into the twenty-first centuries to show that the Court is not passive or constrained; it does not merely follow politics or the majority coalition. Through her nuanced analysis, Fletcher makes a larger argument about the role of the U.S. Supreme Court as an agent of change, which ultimately transforms power, shapes politics, and redirects history.

Since the beginning of the Supreme Court of the United States in 1789, seventeen men have held the Chief Justice position. The first three held the position for a total of eleven years, and the next two (Marshall and Taney) held the Chief Justice position for the next sixty-three years (the two longest chiefs in our history). This book seeks to examine the position of Chief Justice more closely, to describe the position's origins and duties, and explore the court under each of the seventeen chiefs. Exploration includes the background and careers of the chiefs before becoming Chief Justice, discusses the cultural times and puts their rise and tenure in our nation's context, while discussing some of the key associate justices who sat with each of the seventeen. Each chapter also focuses on some key decisions of the Chief Justices' courts.

This illuminating work examines Justice Ruth Bader Ginsburg's contributions in reshaping the rhetoric of the law (specifically through the lens of watershed cases in women's rights) and describes her rhetorical contributions, beginning with her work in the 1970s as a lawyer and an advocate for the ACLU's Women's Rights Project through her tenure as a Supreme Court justice. Katie L. Gibson examines Ginsburg's rhetoric to argue that she has dramatically shifted the boundaries of legal language. Gibson draws from rhetorical theory, critical legal theory, and feminist theory to describe the law as a rhetorical genre, arguing that Ginsburg's jurisprudence can appropriately be understood as a direct challenge to the traditional rhetoric of the law.

No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her class at Law School in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings, doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first-ever female majority leader of a state senate. As a judge on the Arizona State Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the Supreme Court, appointed by Reagan in 1981, she began a quarter-century tenure on the court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men today will be inspired by how to be first in your own life, how to know when to fight and when to walk away, through O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family and believed in serving her country, who, when she became the most powerful woman in America, built a bridge forward for the women who followed her.

From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. The author's friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner's wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world.

Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia's complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.

Justice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the "new originalist" interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Antonin Scalia reflected deeply on matters of religion and shared his insights with many audiences over the course of his remarkable career. As a Supreme Court justice for three decades, he vigorously defended the American constitutional tradition of allowing religion a prominent place in the public square. As a man of faith, he recognized the special challenges of living a distinctively religious life in modern America, and he inspired other believers to meet those challenges. This volume contains Justice Scalia's incisive thoughts on these matters, laced with his characteristic wit. It includes outstanding speeches featured in Scalia Speaks and also draws from his Supreme Court opinions and his articles. In addition to the introduction by Fr. Scalia, other highlights include Fr. Scalia's beautiful homily at his father's funeral Mass and reminiscences from various friends and law clerks whose lives were influenced by Antonin Scalia's faith.

On matters of access, the Supreme Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights. The Court has restricted who has standing to sue, expanded the immunity of governments and government workers, limited the kinds of cases the federal courts can hear, and restricted the right of habeas corpus. Closing the Courthouse Door, by the distinguished legal scholar Erwin Chemerinsky, is the first book to show the effect of these decisions: taken together, they add up to a growing limitation on citizens' ability to defend their rights under the Constitution. Using many stories of people whose rights have been trampled yet who had no legal recourse, Chemerinsky argues that enforcing the Constitution should be the federal courts' primary purpose, and they should not be barred from considering any constitutional question.

In Law and Legitimacy in the Supreme Court, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. This book offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon's account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.

The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government--and how we've come to accept it at our peril. It is the nine justices who too often now decide the controversial issues of our time--from abortion and same-sex marriage, to gun control, campaign finance and voting rights. Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court - Clarence Thomas's simmering rage, Antonin Scalia's death, Ruth Bader Ginsburg's celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices' aggrandizement of power over the decades - from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn't partisan: conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court's transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.

In this major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean and fashioning subsequent decisions—largely through the power of dissent. Dissent on the court and off has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal. Go into the Judge's private thoughts and doubts as to whether the right sentence was imposed. Judge Block is candid in sharing his thinking and his feelings as he approached imposing punishments in these instances. He is remarkably self-reflective, often describing his concerns that his religion or the unfounded accusations against him or his recent reading might be unduly influencing the sentences he is imposing. Along the way, he tells us a lot about the workings of the federal courts and also about his life.

Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.

Once largely ignored, judicial elections in the states have become increasingly controversial over the past two decades. Legal organizations, prominent law professors, and a retired Supreme Court justice have advocated the elimination of elections as a means to choose judges. One of their primary concerns is interest group involvement in elections to state supreme courts, which they see as having negative effects on both the courts themselves and public perceptions of these judicial bodies. In The Battle for the Court, Lawrence Baum, David Klein, and Matthew Streb present a systematic investigation into the effects of interest group involvement in the election of judges. Focusing on personal-injury law, the issue that has played the most substantial role in spurring interest group activity in judicial elections, the authors detail how interest groups mobilize in response to unfavorable rulings by state supreme courts, how their efforts influence the outcomes of supreme court elections, and how those outcomes in turn effectively reshape public policies. The authors employ several decades' worth of new data on campaign activity, voter behavior, and judicial policy-making in one particularly colorful, important, and representative state--Ohio--to explore these connections among interest groups, elections, and judicial policy in a way that has not been possible until now.

The judicial system in a liberal democracy is deemed to be an independent branch of government with judges free from political agendas or societal pressures. In reality, judges are often influenced by their economic and social backgrounds, gender, race, religion, and sexuality. This volume explores the representation of different identities in the judiciary in the United States. The contributors investigate the pipeline, ambition, institutional inclusion, retention, and representation of groups previously excluded from federal, state, and local judiciaries. This study demonstrates how diversity on the bench improves the quality of justice, bolsters confidence in the legitimacy of the courts, and provides a vital voice in decision-making power for formerly disenfranchised populations.

With the death of associate justice Antonin Scalia, the Supreme Court was plunged into crisis. Refusing to hold hearings or confirm the nominee of a Democratic president almost a year away from a presidential election, the Republican-controlled Senate held the court hostage, forcing it to do its work through nearly the entire term ending in June 2017 with just eight justices. In American Justice 2017: The Supreme Court in Crisis, Kimberly Robinson examines the way individual justices and the institution as a whole reacted to this unprecedented, politically fraught situation. In public, the justices put on brave faces, waiting for the confirmation battle to play itself out, while indicating in occasional statements that the court would muddle through just fine. In private, though, things appear to have been more complicated. Narrow decisions, lackluster choice of cases, and odd bedfellows teaming up on the same sides of opinions and dissents give us a hint of the strenuous effort the eight justices made to uphold the integrity of the institution in the face of hurricane-force partisan gales.

State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.

In this large, comprehensive, revelatory biography, Jane De Hart explores the central experiences that crucially shaped Ruth Bader Ginsburg's passion for justice, her advocacy for gender equality, her meticulous jurisprudence: her desire to make We the People more united and our union more perfect. De Hart captures, in all its richness and complexity, the pioneering life and legal career whose profound mark on American jurisprudence, on American society, on our American character and spirit, will reverberate deep into the twenty-first century and beyond.

Lawsuits in a Market Economy explains how contemporary civil litigation in the United States works and how it has changed over the past century. The book corrects common misconceptions--some of which have proved remarkably durable even in the face of contrary evidence--and explores how our constitutional structure, an evolving economy, and developments in procedural rules and litigation financing systems have moved us from expecting that lawsuits end in trial and judgments to expecting that they will end in settlements. Author Stephen C. Yeazell argues that today's system has in some ways overcome--albeit inconsistently--disparities between the rich and poor in access to civil justice. Once upon a time, might regularly triumphed over right. That is slightly less likely today--even though we continue to witness enormous disparities in wealth and power. The book concludes with an evaluation of recent changes and their possible consequences.

This Benchbook provides a comprehensive overview of case management, best practices, and decision making in United States business courts. Providing an overview of 25 states with business courts, the Benchbook identifies and details business court administration, procedures, and best practices nationwide, and addresses common legal issues decided by business courts.

In Reinventing Witness Preparation, seasoned litigator Kenneth Berman explains the dangers of conventional witness preparation, showing how the common approach to preparing witnesses can foul up a case and hand victory to the other side. This book introduces a new and enlightened approach to witness preparation: that witnesses need to give answers that actually help their cases, and the best time to give the best answer is when the question is first asked.

A Litigator's Guide to Expert Witnesses, Second Edition strives to approach expert witnesses in a logical fashion. It's not intended to be a scholarly treatise containing reams of supporting citations, but a quick reference guide. In the first half of the book, Chapters 1 and 2 provide a general overview and description of the legal framework. Chapters 3, 4, and 5 relate to discussions of the critical Supreme Court decisions, discovery rules, and evidentiary rules dealing with expert witness testimony.

Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection dissects the process and highlights the strategic choices available to trial attorneys at every step of the process. This book provides practical guidance for how to prepare for jury selection; craft motions and responses to motions regarding voir dire; exercise challenges; make favorable impressions of counsel, the client, and the case; break the ice and question prospective jurors; and evaluate jurors and tap into hidden beliefs and pre-dispositions. The book can be adopted for Law School trial advocacy courses and clinics as well as continuing legal education seminars. Online appendices provide examples of jury questionnaires, motions and responses to motions, and transcripts of a dozen complete jury selections in both federal and state courts and civil and criminal cases.

This is a valuable guide to help understand effective voir dire and jury selection strategies, and then to adapt these strategies to the unique circumstances faced in trial jurisdictions.

This companion book to Mastering Voir Dire: Gain An Edge in Questioning and Selecting Your Jury, 4th Edition (2018) educates the reader on how to create and use supplemental juror questionnaires. As one of the nation’s most experienced trial consultants, Dr. Frederick provides a valuable guide to understanding, creating, and more effectively utilizing supplemental juror questionnaires.

This treatise offers up-to-date guidance on every aspect of practice before the Court from the most fundamental to the most obscure. It is a definitive resource for prosecuting or defending a case before the Court.

Written by a former federal prosecutor and public defender, Criminal Law and Procedure: A Courtroom Approach introduces students to the essentials of criminal law and procedure by illuminating the legal issues justice professionals face before, during, and after a criminal trial. Through the examination of statutes, edited case excerpts, and recent constitutional interpretation of black letter law, the text bridges the gap between learning criminal procedure and applying criminal law. Drawing from author Stephanie A. Jirard's vast experience in both the courtroom and the classroom, the book gets students to think critically about real-world issues and practice applying the law in a just and meaningful way. Accessible and engaging, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system.

Business Bribes: Corporate Corruption and the Courts details two dozen of the most important and interesting U.S. judicial opinions dealing with commercial bribery, both domestic and foreign. The industries involved include agriculture, women’s handbags, and Indian casinos, and the deals take place from Alaska to Florida and, around the globe, from Venezuela to Hungary and Azerbaijan. The bribes in these cases, numerous and generous, take the form of cash, stock, shares of future profits, vouchers, stock options, wire transfers, luxury vacations, and a wide range of other financial incentives.

The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the under-reported cause of enormous injustice--and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend's gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases--from arrest and charging to trial and sentencing--and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don't have to. Bazelon also details the second chances the prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

Juries have a bad reputation. Often jurors are seen as incompetent, biased and unpredictable, and jury trials are seen as a waste of time and money. In fact, so few criminal and civil cases reach a jury today that trial by jury is on the verge of extinction. Juries are being replaced by mediators, arbitrators and private judges. As a result, a foundation of American democracy is about to vanish. The Jury Crisis: What's Wrong with Jury Trials and How We Can Save Them addresses the near collapse of the jury trial in America - its causes, consequences, and cures. Drury Sherrod brings his unique perspective as a social psychologist who became a jury consultant to the reader, applying psychological research to real world trials and explaining why juries have become dysfunctional. While this collapse of the jury can be traced to multiple causes, including poor public education, the absence of peers and community standards in a class-stratified, racially divided society, and people's reluctance to serve on a jury, the focus of this book is on the conduct of trials themselves, from jury selection to evidence presentation to jury deliberations. The book deals with an important social problem, namely the near collapse of a thousand year old institution, and proposes how to fix the jury system and restore trial by jury to a more prominent place in American society.

The United States now imprisons a higher percentage of its population than any other country in the world. Author, U.S. District Judge Harold Baer, Jr. explains this crisis of mass incarceration, how it came about, and the pressing need and means to reduce prison populations and recidivism; promote rehabilitation and re-entry into society; and protect public safety.

This documentary depicts the Tribunal's historic role in the prosecution and adjudication of wartime sexual violence. It includes testimonies from witnesses and survivors of sexual violence, who bravely gave evidence at trials, and interviews with former and current ICTY professionals who worked on these cases. In English, French, German and Serbo-Croatian with subtitles in English.
Director: Rob Barsony
Writers: Rob Barsony, Petar Finci
Narrator: Lisa Biersay

This documentary depicts the crucial role played by victims and witnesses in the prosecution of those alleged to be responsible for crimes committed during the 1990s on the territory of the former Yugoslavia. The film portrays the courage it takes to come to the ICTY to testify, and explores the five witnesses’ motives for doing so. With the participation of ICTY judges and staff, as well as footage from actual ICTY testimonies, Through Their Eyes: Witnesses to Justice provides a lasting reminder of the contributions made by witnesses to international justice and the importance of live testimony in an international judicial context. In English, Bosnian, Croatian or Serbian.
Director: Steve Coulson
Writers: Peter Finci, Steve Coulson

Peoples' Tribunals and International Law is the first book to analyse how civil society tribunals implement and develop international law. With contributions covering tribunals in Europe, Latin America and Asia, this edited collection provides cross-disciplinary academic and activist perspectives and unique insights into the phenomenon of peoples' tribunals. Written by academics in law, anthropology and international relations, it also incorporates the reflections of civil society activists and advocates on peoples' tribunals. The collection includes chapters ranging from the Permanent Peoples' Tribunal, successor to the Bertrand Russell Tribunal established to question the legality of the Vietnam War, to recent tribunals addressing atrocities in Soeharto's Indonesia and violations against migrants in Europe. This book offers the first sustained analysis of the different approaches to international law in tribunal proceedings.

This examination of the jurisdiction of international courts, and the admissibility of cases before them, analyzes jurisdictional and admissibility rules in light of the roles assumed by international courts in international life, and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law), and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility.

With the ad hoc tribunals completing their mandates and the International Criminal Court under significant pressure, today's international criminal jurisdictions are at a critical juncture. Their legitimacy cannot be taken for granted. This multidisciplinary volume investigates key issues pertaining to legitimacy: criminal accountability, normative development, truth-discovery, complementarity, regionalism, and judicial cooperation. The volume sheds new light on previously unexplored areas, including the significance of redacted judgments, prosecutors' opening statements, rehabilitative processes of international convicts, victim expectations, court financing, and NGO activism.

In 2018, Member States celebrated the 20th anniversary of the Rome Statute. As one of the Korean delegates to the Rome Conference in 1998 that established the International Criminal Court, the author is intimately familiar with matters related to its formation and subsequent development. This work, a leading authority for the practice and procedure of the ICC, addresses a host of difficult and common questions about the court and records legislative histories of important articles of the ICC Statute. Since publication of the first edition in 2007, there have been many important developments regarding the ICC. This new edition covers amendments to the Rome Statute that were adopted with respect to war crimes and the crime of aggression, which give the court jurisdiction over the most serious crimes of concern to the international community as a whole. It also includes important case law of the ICC.

Peace and Justice at the International Criminal Court focuses on the evolution and the present-day work of the International Criminal Court, a historic global institution. Errol P. Mendes provides a compelling argument that there can never be a sustainable peace in conflicts unless the cause of justice is also addressed. The author dives deep into the facts and rulings of the Court that involved some of the most serious international conflicts in recent times. The author also discusses the challenges facing the Court from failed prosecutions to failures of the UN Security Council and other member states. What results is a detailed but honest critique of where the Court succeeds and where it needs to improve. Mendes goes on to provide a prediction of the greatest challenges facing the Court in the foreseeable future.

Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

In early 1992, several months after ethnic tensions had burst into terrible conflicts in Bosnia and Herzegovina, tensions reached a boiling point in Višegrad. Muslims began to be systematically attacked, tortured or killed resulting in a massive population shift that meant the near eradication of the Muslim population in the area. The investigations into these crimes led to the prosecution of direct perpetrators. Through first-hand witness testimonies, Trial and Appeals Chambers judgements and interviews with the protagonists, Crimes before the ICTY: Višegrad tells the gripping story of the judicial response to the tide of ethnic cleansing that swept the municipality. In English, Bosnian Serbian and Croatian with subtitles in English.
Director/Writer: Steve Coulson
Narrators: Anna Dil, Aida Hasanbegovic

On 6 August 1992, British journalists from ITN and the Guardian unveiled to the world the existence of camps for non-Serb civilians in the area of Prijedor in north-western Bosnia and Herzegovina. Shocking images of emaciated inmates circled the planet in just a few days and shook the conscience of humanity. Barely two months later, a process was set in motion which would change the face of international criminal justice forever. Through interviews, investigative news footage and courtroom testimonies, Crimes before the ICTY: Prijedor depicts the discovery of the camps and the subsequent process that led to the establishment of the first international criminal Tribunal since WWII, as well as the judicial outcome of the crimes committed in this Bosnian town. In English, French, German and Serbo-Croatian with subtitles in English.
Director/Writer: Petar Finci

A riveting memoir of life inside the drug wars, and a never-before-seen glimpse of the inner workings of the DEA, Drug Warrior is a critical examination of how America's opioid crisis came to be, and the extraordinary people fighting it. The book tells the story of Riley's decades-long hunt for the world's most wanted drug lord, set against the rise of modern international drug trafficking, and America's spiraling opioid epidemic. Jack Riley started his career as an undercover street agent in Chicago busting small-time dealers. By the time he worked his way up to second in command of the DEA-a post few field agents ever reach-he had overseen every major mission to capture foreign drug kingpins since the 1990s, and had witnessed first-hand how El Chapo changed the game. As brilliant as he was lethal, Chapo not only decimated his competition, he foresaw Americans' dependence on opioids and heroin, and manipulated supply to increase demand. Riley's story culminates as he and the DEA win their greatest victory - the capture and extradition of his long-time nemesis - and Chapo faces his darkest fear: U.S. justice.

Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in the first place. Envisioned for both courses and research topics in domestic violence, family violence, gender and law, and sociology of law, the book challenges readers to understand intimate partner violence not solely, or even primarily, as a criminal law concern but as an economic, public health, community, and human rights problem. It also argues that only by viewing intimate partner violence through these lenses can we develop a balanced policy agenda for addressing it. At a moment when we are examining our national addiction to punishment, Decriminalizing Domestic Violence offers a thoughtful, pragmatic roadmap to real reform.

Justice Statistics: An Extended Look at Crime in the United States is a special edition of Crime in the United States. It brings together key reports that fall under this category. Topics covered include capital punishment, rape and sexual assault among college-age women, correctional populations, crime in the United States, hate crimes, probation, parole, human trafficking, and law enforcement officers killed and assaulted. Tables in this volume provide a comprehensive account of each of these subjects. Each section contains statistical tables and figures highlighting the data, as well as a brief summary of the report's methodology and at-a-glance highlights of the most compelling information. This volume provides valuable information compiled by the Department of Justice, including its subsidiaries, the Bureau of Justice Statistics and the Federal Bureau of Investigation. The fourth edition of Justice Statistics includes a 2018 update on prisoner recidivism.

Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant's taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases, Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members. With clarity and passion, he lays out the scope of the legal system's dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

When Police Kill is a groundbreaking analysis of the use of lethal force by police in the United States and how its death toll can be reduced. Franklin Zimring compiles data from federal records, crowdsourced research, and investigative journalism to provide a comprehensive, fact-based picture of how, when, where, and why police resort to deadly force. Civilian deaths from shootings and other police actions are vastly higher in the United States than in other developed nations, but American police also confront an unusually high risk of fatal assault. Zimring offers policy prescriptions for how federal, state, and local governments can reduce killings by police without risking the lives of officers. Criminal prosecution of police officers involved in killings is rare and only necessary in extreme cases. But clear administrative rules could save hundreds of lives without endangering police officers.

In the past few years, the need for prison reform in America has reached the level of a consensus. We agree that many prison terms are too long, especially for nonviolent drug offenders; that long-term isolation is a bad idea; and that basic psychiatric and medical care in prisons is woefully inadequate. Some people believe that contracting out prison services to for-profit companies is a recipe for mistreatment. Robert Ferguson argues that these reforms barely scratch the surface of what is wrong with American prisons: an atmosphere of malice and humiliation that subjects prisoners and guards alike to constant degradation. Bolstered by insights from hundreds of letters written by prisoners, Ferguson makes the case for an entirely new concept of prisons and their purpose: an "inner architectonics of reform" that will provide better education for all involved in prisons, more imaginative and careful use of technology, more sophisticated surveillance systems, and better accountability.

Peter A. Alces considers where and how the law currently fails to appreciate the neuroscientific revelation that humans may in key ways lack normative free will--and therefore moral responsibility. The most accessible setting in which to consider the potential impact of neuroscience is criminal law, as certain aspects of criminal law already reveal the naivete of most normative reasoning, such as the inconsistent treatment of people with equally disadvantageous cognitive deficits, whether congenital or acquired. But tort and contract law also assume a flawed conception of human agency and responsibility. Alces reveals the internal contradictions of extant legal doctrine and concludes by considering what would be involved in constructing novel legal regimes based on emerging neuroscientific insights.

Many kinds of interventions have been designed and implemented to combat digital copyright infringement, a type of cyber-deviance that is also known as 'digital piracy'. However, it is not clear whether such measures are indeed effective in reducing this type of deviance. This research sets out out to examine the functioning of these interventions from an empirical perspective. The persistence of digital copyright infringement presents various challenges to governments, the creative industries and other stakeholders that attempt to curtail digital piracy. The author combines both traditional and innovative research methods in order to establish whether and to what extent these interventions are able to curtail digital piracy. This book is of interest to organisations and individuals that are in charge of developing copyright laws and policy or the enforcement thereof. The focus on the evaluation of digital policy also makes the book relevant to evaluators, criminologists and those interested in digital behavior and digital policy.

The book takes a process-oriented approach that begins with police searches and continues through to the trial and appeals process so students can compare how various countries approach each of these stages in the criminal process. It starts with a historical overview of the adversarial and inquisitorial system of justice to allow students to understand the foundation of each system before moving to a discussion of their differences. It also contains case studies that allow students to study the concepts learned in the chapter from a real-world perspective and enhance their learning in a way that descriptive text may not.

Anatomy of a False Confession takes the reader inside the interrogation room and inside the courtroom of the Teresa Halbach murder investigation to expose the interrogators' tricks, the prosecutors' ploys, and the judicial sleight of hand that conspired to put Dassey behind bars--probably for the rest of his life. The book also discusses several ways that the law should be reformed to avoid future injustices.

The true story of Abraham Lincoln's last murder trial, a case in which he had a deep personal involvement--and which played out in the nation's newspapers as he began his presidential campaign At the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases, including more than twenty-five murder trials during his two-decades-long career, was hired to defend him. This was to be his last great case as a lawyer. Lincoln's Last Trial captures the presidential hopeful's dramatic courtroom confrontations in vivid detail as he fights for his client, but also for his own blossoming political future. It is a moment in history that shines a light on our legal system, as in this case Lincoln fought a legal battle that remains incredibly relevant today.

In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court's inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the United States. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue -- and to change our attitudes about mental illness as a whole.

This 4th edition addresses technology and the unprecedented, constant access to information in our criminal justice system. New standards have been added that are specifically responsive to the changed media environment.

The Mueller Investigation and issues emanating from that investigation are at the heart of this book, providing a contextual setting for learning and reviewing materials across the law school curriculum. The book includes cases, essays, and other materials that allow it to be used as a capstone course for classroom discussion in areas of administrative law, civil procedure, counterintelligence and congressional investigative activity, constitutional law, criminal law and procedure, election law, evidence, and professional responsibility.

Crimes and Punishments: Entering the Mind of a Sentencing Judge provides a cross-section of different crimes for which Judge Frederic Block sentenced a convicted criminal. Go into the Judge's private thoughts and doubts as to whether the right sentence was imposed. Judge Block is candid in sharing his thinking and his feelings as he approached imposing punishments in these instances. He is remarkably self-reflective, often describing his concerns that his religion or the unfounded accusations against him or his recent reading might be unduly influencing the sentences he is imposing. Along the way, he tells us a lot about the workings of the federal courts and also about his life.

Bringing together legal strategy, psychology, and persuasion theory, this book offers a fresh approach to trial preparation, one that focuses on how jurors learn, think, and deliberate.

This is the second in a series of books published by the ABA under the title “From the Trenches." This second volume, Mastering the Art of Witness Preparation, contains 12 chapters covering all aspects of witness preparation. Whether you are a first-time, second-chair associate or a veteran first-chair partner preparing for your 100th jury trial, this book will provide guidance, thoughtful insights, and unique perspectives on preparing your witness to testify.

Written by a former federal prosecutor and public defender, Criminal Law and Procedure: A Courtroom Approach introduces students to the essentials of criminal law and procedure by illuminating the legal issues justice professionals face before, during, and after a criminal trial. Through the examination of statutes, edited case excerpts, and recent constitutional interpretation of black letter law, the text bridges the gap between learning criminal procedure and applying criminal law. Drawing from author Stephanie A. Jirard's vast experience in both the courtroom and the classroom, the book gets students to think critically about real-world issues and practice applying the law in a just and meaningful way. Accessible and engaging, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system.

This book describes a pervasive and destructive problem afflicting our current justice system, one that is eroding community confidence in law enforcement. The authors call it "shadow vigilantism"--a vicious cycle in which ordinary people, as well as criminal justice officials, are so fed up with the system's failures that they distort and subvert the system to force it to do the justice that it seems so reluctant to do on its own. The effects of this lack of trust are pervasive and pernicious- citizens refuse to report a crime or help investigators; jurors refuse to indict or convict; and officials manipulate a system that is perceived to be unreliable. This downward spiral eventually undermines the moral authority of law enforcement and creates widening rifts in the community. The authors examine many examples of how the community has responded when the justice system is perceived to fail. The cases they cite include the infamous murder of Emmett Till, which became a cause that spurred on the NAACP and the civil rights movement; the Lavender Panthers, which formed in response to gay bashing during the 1980s; the Crown Heights Maccabees, a neighborhood watch group that successfully reduced neighborhood crime when the police failed to do so; the Animal Liberation Front, which struck back at institutions for perceived abuses to animals; Operation Perverted Justice, an organization that used online chat rooms to out pedophiles by publicizing their personal information (affiliated with NBC's To Catch a Predator); and many others.

Depending on the statistics you read, approximately one-third of the inmates in U.S. jails and prisons have some sort of mental disability. It has become cliché to say that our jails and prisons have become de facto mental institutions. Representing People with Mental Disabilities takes a look at the challenges and opportunities that are presented in these types of cases.

Self-defense, as a legal concept, is easy to describe but difficult to apply. Generally, a person who is without fault may use reasonable force or defensive force for the purpose of defending one's own life or the lives of others, including, in certain circumstances, the use of deadly force, provided there is no reasonable alternative to avoid it. When someone begins to parse the words of this description, however, he or she runs immediately into a maze of self-defense laws that appear to be at odds with each other. Bruce Lawlor clears up the confusion by identifying the major issues that surface in most self-defense cases and by describing how the law has dealt with them historically. Its purpose is not to provide legal advice, but to illuminate the path that must be taken to decide whether a claim of self-defense is valid. It examines a variety of issues, including the duty to retreat and stand-your-ground laws, what is a deadly threat, when is fear of mortal danger reasonable, and even what happens when a person mistakenly shoots some in self-defense. When Deadly Force Is Involved brings a bit of order to the confusion behind self-defense.

Now, completely updated and revised for 2018, Foreign Corrupt Practices Act Handbook, Fifth Edition offers 50 new FCPA resolutions, including coverage of Brazil, Canada, China, India, Russia, and UK statutes. You’ll also find information on anti-bribery conventions; board of directors and management responsibilities; transaction issues and considerations; gifts, travel, lodging and entertainment; charitable donations and political contributions; and conducting and defending an FCPA Investigation. The book identifies all major FCPA risk areas and then presents thoughtful and practical advice for how companies can most effectively address these risks and conduct credible investigations.

The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the under-reported cause of enormous injustice--and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend's gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases--from arrest and charging to trial and sentencing--and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don't have to. Bazelon also details the second chances the prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.

The United States now imprisons a higher percentage of its population than any other country in the world. Author, U.S. District Judge Harold Baer, Jr. explains this crisis of mass incarceration, how it came about, and the pressing need and means to reduce prison populations and recidivism; promote rehabilitation and re-entry into society; and protect public safety.

A distinguished group of scholars from Germany, Israel and across the United States are brought together in Nazi Law to investigate the ways in which Hitler and the Nazis used the law as a weapon, mainly against the Jews, to establish and progress their master plan for German society. The book looks at how, after assuming power in 1933, the Nazi Party manipulated the legal system and the constitution in its crusade against Communists, Jews, homosexuals, as well as Jehovah's Witnesses and other religious and racial minorities, resulting in World War II and the Holocaust. It then goes on to analyse how the law was subsequently used by the opponents of Nazism in the wake of World War Two to punish them in the war crime trials at Nuremberg.

Between the summer of 1937 and November 1938, the Stalinist regime arrested over 1.5 million people for "counterrevolutionary" and "anti-Soviet" activity and either summarily executed or exiled them to the Gulag. While we now know a great deal about the experience of victims of the Great Terror, we know almost nothing about the lower- and middle-level Narodnyi Komissariat Vnutrennikh Del (NKVD), or secret police, cadres who carried out Stalin's murderous policies. Unlike the postwar, public trials of Nazi war criminals, NKVD operatives were tried secretly. And what exactly happened in those courtrooms was unknown until now. In what has been dubbed "the purge of the purgers," almost one thousand NKVD officers were prosecuted by Soviet military courts. Based on chilling and revelatory new archival documents from the Ukrainian secret police archives, Stalinist Perpetrators on Trial illuminates the darkest recesses of Soviet repression - the interrogation room, the prison cell, and the place of execution - and sheds new light on those who carried out the Great Terror.

From ancient to modern times, sexualised war violence against women was tolerated if not encouraged as a means of reward, propaganda, humiliation, and terror. This was and is in defiance of international laws that have criminalised acts of sexualised war violence since the 18th century. Ad hoc international tribunals have addressed especially war rape since the 15th century. The International Criminal Court (ICC), however, is the first independent, permanent, international criminal court that recognises not only war rape but also sexual slavery and other sexualised crimes as crimes against humanity, war crimes, and acts of genocide in its statute and supporting documents. This book explores how the ICC definitions of rape and forced marriage came about, and addresses the ongoing challenge of how to define war rape and forced marriage in times of armed conflict in a way that adequately reflects women's experiences, as well as the nature of the crimes. In addition to deepening the understanding of the ICC negotiations of war rape and forced marriage, and of the crimes themselves, this volume highlights relevant factors that need to be considered when criminalising acts of sexualised war violence under international law.

Judge Mettraux's six-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigor and an insight into the practice of international criminal law. The compendium is unrivaled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. Honorable Guenael Mettraux is currently an affiliate faculty member of Dickinson Law.

In 2018, Member States celebrated the 20th anniversary of the Rome Statute. As one of the Korean delegates to the Rome Conference in 1998 that established the International Criminal Court, the author is intimately familiar with matters related to its formation and subsequent development. This work, a leading authority for the practice and procedure of the ICC, addresses a host of difficult and common questions about the court and records legislative histories of important articles of the ICC Statute. Since publication of the first edition in 2007, there have been many important developments regarding the ICC. This new edition covers amendments to the Rome Statute that were adopted with respect to war crimes and the crime of aggression, which give the court jurisdiction over the most serious crimes of concern to the international community as a whole. It also includes important case law of the ICC.

Cultural defences, i.e. claims that certain aspects of a defendant's cultural background should be taken into consideration by courts when adjudicating on their guilt or innocence, have been raised before domestic courts in a variety of jurisdictions. This has been a very sensitive and controversial issue. However, the issue of cultural defences at international tribunals is one that has not yet been fully explored. The main objective of this book is to analyse if the International Criminal Court can, and should, accommodate cultural defences as answers to legal charges, or if the Court should accommodate cultural considerations in other ways.

As part of the highly acclaimed series on critical infrastructure and homeland security, Information Technology Protection and Homeland Security is an eye-opening account of a diverse and complex sector. This book describes the processes needed to identify assets, assess risk, implement protective programs and resilience strategies, and measure their effectiveness. While the IT sector can never be made immune to all possible intrusions or hacks, a concerted, well thought out effort to incorporate security upgrades along with careful planning for facilities can help minimize attacks. While working through the text systematically, the reader will gain an understanding of the need for a heightened sense of awareness of the present threat facing the IT sector, as well as gain knowledge of security principles and measures that can be implemented, adding a critical component to not only the reader's professional knowledge but also providing them the tools needed to combat terrorism.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Research Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the book draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, Internet access, surveillance, automation, trade, and freedom of expression.

Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements provides practical guidance and best practices to help you understand cloud agreements. Information and approaches to create useful cloud computing agreements that meet your clients’ business and legal requirements include: how to evaluate vendors and recognize agreements that heavily favor the vendor; detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients’ needs; warranties, indemnities, and limitations of liability in cloud contracts; best practices for cloud privacy and maintaining security; practical tips for effective cloud negotiations to better arm you to create “win-win” cloud agreements; alternative dispute resolution, litigation strategies, and bankruptcy considered in the context of cloud agreements; mitigating risk through cyberliability insurance; negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution; and more!

Using a multi-disciplinary and comparative approach, this study examines emerging and innovative attempts to tackle privacy and legal issues in cloud computing such as personal data privacy, security and intellectual property protection. An international team of legal scholars, computer science researchers, regulators and practitioners present original and critical responses to the growing challenges posed by cloud computing. They analyse the specific legal implications pertaining to jurisdiction, biomedical practice and information ownership, as well as issues of regulatory control, competition and cross-border regulation.

Cyberspace is a difficult area for lawyers and lawmakers. With no physical constraining borders, the question of who is the legitimate lawmaker for cyberspace is complex. Rethinking the Jurisprudence of Cyberspace examines how laws can gain legitimacy in cyberspace and identifies the limits of the law's authority in this space. Two key questions are central to the book: Who has authority to make laws within cyberspace and how do laws in cyberspace achieve legitimacy? Chris Reed and Andrew Murray answer these questions by examining the jurisprudential principles that explain law in the physical world and rethinking them for the cyberworld. In doing so they establish that cyberlaw is more similar to traditional law than previously thought, but that establishing legitimate authority is quite different. This book provides the first thorough examination of the jurisprudence of cyberspace law, asking why any law should be obeyed and how the rule of law is to be maintained there.

The Internet of Things : Legal Issues, Policy, and Practical Strategies features chapters on IoT legal and policy issues by some of the leading authorities and thinkers from government, academia, and private practice. More than 30 experts from a variety of backgrounds and points of view address a wide range of topics relating to the IoT with a multidisciplinary approach.

This book features peer reviewed contributions from across the disciplines on themes relating to protection of data and to privacy protection. The authors explore fundamental and legal questions, investigate case studies and consider concepts and tools such as privacy by design, the risks of surveillance and fostering trust. Readers may trace both technological and legal evolution as chapters examine current developments in ICT such as cloud computing and the Internet of Things. Written during the process of the fundamental revision of revision of EU data protection law (the 1995 Data Protection Directive), this volume is highly topical.

The ABA Cybersecurity Handbook, 2d edition, expands on the issues raised in the first edition, including legal and ethical requirements, while highlighting and addressing the extensive challenges within the changing landscape. With new perspectives and information, including chapters on technology and training, this edition will help readers identify potential cybersecurity risks and determine methods to address them.

Law firms can mitigate the risk of a data breach through a variety of means, including: investing in cybersecurity tools, hiring internal and external cyber resources to augment the firm’s current information security practices, and arguably most importantly changing the firm’s culture to be more security conscious. No one size fits all solution exists for dealing with cyber threats, but with proper focus and resources, a firm can consider its unique factors and develop an information security posture that addresses its most compelling concerns.

Cybersecurity for the Home and Office is a call to action. Readers of this book will grow to appreciate that personal data protection needs to become a priority in our lives, and effective information security for our personal information requires that we make good choices to secure our devices.

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field. The author argues that cyberlaw might best be considered a law of the 'online intermediary,' and that by focusing on the regulation of online conduct by search engines, online retail outlets, Internet service providers and online social networks, a more cohesive and comprehensive concept of cyberlaw may be developed. Topics covered include current comparative and global strategies, suggestions for future approaches to cyberspace regulation, and the creation of a cohesive and comprehensive framework for the cyberlaw field.

Timothy Edgar, a long-time civil liberties activist who worked inside the intelligence community for six years during the Bush and Obama administrations, believes that the NSA's programs are a profound threat to the privacy of everyone in the world. At the same time, he argues that mass surveillance programs can be made consistent with democratic values, if we make the hard choices needed to bring transparency, accountability, privacy, and human rights protections into complex programs of intelligence collection. In the 21st century, the only way to protect our privacy as Americans is to do a better job of protecting everyone's privacy. Edgar explains both why and how we can do this, without sacrificing the vital intelligence capabilities we need to keep ourselves and our allies safe. If we do, we set a positive example for other nations that must confront challenges like terrorism while preserving human rights. The United States already leads the world in mass surveillance. It can lead the world in mass surveillance reform.

In Privacy's Blueprint, Woodrow Hartzog argues that the law should require software and hardware makers to respect privacy in the design of their products. Current legal doctrine treats technology as though it were value-neutral: only the user decides whether it functions for good or ill. But this is not so. As Hartzog explains, popular digital tools are designed to expose people and manipulate users into disclosing personal information. Against the often self-serving optimism of Silicon Valley and the inertia of tech evangelism, Hartzog contends that privacy gains will come from better rules for products, not users. The current model of regulating use fosters exploitation. Privacy's Blueprint aims to correct this by developing the theoretical underpinnings of a new kind of privacy law responsive to the way people actually perceive and use digital technologies.

The most dangerous threat we--individually and as a society and country--face today is no longer military, but rather the increasingly pervasive exposure of our personal information; nothing undermines our freedom more than losing control of information about ourselves. And yet, as daily events underscore, we are ever more vulnerable to cyber-attack. In this bracing book, Michael Chertoff makes clear that our laws and policies surrounding the protection of personal information, written for an earlier time, need to be completely overhauled in the Internet era. On the one hand, the collection of data--more widespread by business than by government, and impossible to stop--should be facilitated as an ultimate protection for society. On the other, standards under which information can be inspected, analyzed, or used must be significantly tightened. In offering his compelling call for action, Chertoff argues that what is at stake is not so much the simple loss of privacy, which is almost impossible to protect, but of individual autonomy--the ability to make personal choices free of manipulation or coercion. Offering colorful stories over many decades that illuminate the three periods of data gathering we have experienced, Chertoff explains the complex legalities surrounding issues of data collection and dissemination today, and charts a path that balances the needs of government, business, and individuals alike.

This comprehensive and valuable guide is designed to assist companies and their counsel in assessing the risk of being hacked from anywhere in the world. Beginning with an introduction to the importance of cybersecurity due diligence, the Guide explains to M&A counsel and their clients the key requirements of the cybersecurity due diligence process that should be part of every M&A transaction.

Expanding on the author's experience as a cybersecurity lawyer and law professor, Cybersecurity Law is the definitive guide to cybersecurity law, with an in-depth analysis of U.S. and international laws that apply to data security, data breaches, sensitive information safeguarding, law enforcement surveillance, cybercriminal combat, privacy, and many other cybersecurity issues. The book begins by outlining the legal requirements for data security, which synthesizes the Federal Trade Commission's cybersecurity cases in order to provide the background of the FTC's views on data security. The book also examines data security requirements imposed by a growing number of state legislatures and private litigation arising from data breaches. Anti-hacking laws, such as the federal Computer Fraud and Abuse Act, Economic Espionage Act, and the Digital Millennium Copyright Act, and how companies are able to fight cybercriminals while ensuring compliance with the U.S. Constitution and statutes are discussed thoroughly.

This new guide provides an in-depth examination of how artificial intelligence has evolved, how it will affect the legal profession, and how the law will be reformed to meet the new realities created by AI. Written by high-level industry experts, this guide discusses a wide-range of AI topics including a history and introduction, healthcare regulation, entertainment, labor laws, aviation, military applications, cybernetics and biorobotics, copyright law, cybersecurity issues, product liability, AI and the transactional law practice, the future of AI, and more.

U.S. Private-Sector Privacy: Law and Practice for Information Privacy Professionals is an indispensable resource for those working in the constantly changing privacy landscape. Peter Swire and DeBrae Kennedy-Mayo provide thoughtful analysis of U.S. laws and regulations and the technological and social developments that influence them. Covering the medical, financial, educational, telecommunications and marketing sectors, as well as enforcement, data breach and incident management, online activities, and privacy issues in investigations and litigation, this book is a comprehensive resource encompassing the essentials of privacy practice.

An essential compliance tool for every privacy officer and attorney involved in managing privacy and data security issues, Privacy and Cybersecurity Law Deskbook provides the thorough, practical, sector-specific guidance that helps you meet today's challenges and minimize the risk of data breaches that can damage a company's reputation. Written by one of the world's foremost legal practitioners in the field, this resource (formerly titled Privacy and Data Law Deskbook) in its current edition includes: updates to various global privacy laws, including new information about breach notification and data localization requirements; recent SEC guidance on public companies’ cybersecurity disclosure and compliance obligations; the groundbreaking EU General Data Protection Regulation, and more.

This sourcebook is a landmark publication that sets out all the statutes, executive orders, legal issues, and models that are relevant to public-private partnerships. It covers the law as it relates to counterterrorism and non-proliferation, mobility and maritime security, health and special weapons, disaster preparedness and response, and protection of cyber and critical infrastructure.

Surveillance presents a conundrum: how to ensure safety, stability, and efficiency while respecting privacy and individual liberty. From police officers to corporations to intelligence agencies, surveillance law is tasked with striking this difficult and delicate balance. That challenge is compounded by ever-changing technologies and evolving social norms. Following the revelations of Edward Snowden and a host of private-sector controversies, there is intense interest among policymakers, business leaders, attorneys, academics, students, and the public regarding legal, technological, and policy issues relating to surveillance. This handbook documents and organizes these conversations, bringing together some of the most thoughtful and impactful contributors to contemporary surveillance debates, policies, and practices. Its pages explore surveillance techniques and technologies; their value for law enforcement, national security, and private enterprise; their impacts on citizens and communities; and the many ways societies do - and should - regulate surveillance.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017.

The EU General Data Protection Regulation (GDPR) provides straight-forward and practical answers to core questions that are raised by most attorneys and privacy professionals that grapple with the GDPR, which is a comprehensive European data privacy regulation that applies to US companies that offer services to Europeans. United States companies and US-based legal practitioners are particularly concerned with the GDPR because of its draconian penalties which are up to 4% of gross revenue. Although the regulation has similarities to facets of United States data privacy and security laws, US legal practitioners often find it confusing and inaccessible.

This documentary depicts the crucial role played by victims and witnesses in the prosecution of those alleged to be responsible for crimes committed during the 1990s on the territory of the former Yugoslavia. The film portrays the courage it takes to come to the ICTY to testify, and explores the five witnesses’ motives for doing so. With the participation of ICTY judges and staff, as well as footage from actual ICTY testimonies, Through Their Eyes: Witnesses to Justice provides a lasting reminder of the contributions made by witnesses to international justice and the importance of live testimony in an international judicial context. In English, Bosnian, Croatian or Serbian.
Director: Steve Coulson
Writers: Peter Finci, Steve Coulson

Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law's conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi's theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies - the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election - to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it.

Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. The manual identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule.

A new era of war fighting is emerging for the U.S. military. Hi-tech weapons have given way to hi tech in a number of instances recently. A computer virus is unleashed that destroys centrifuges in Iran, slowing that country's attempt to build a nuclear weapon. ISIS, which has made the internet the backbone of its terror operations, finds its network-based command and control systems overwhelmed in a cyber attack. A number of North Korean ballistic missiles fail on launch, reportedly because their systems were compromised by a cyber campaign. Offensive cyber operations like these have become important components of U.S. defense strategy and their role will grow larger. But just what offensive cyber weapons are and how they could be used remains clouded by secrecy. This new volume by Amy Zegart and Herb Lin is a groundbreaking discussion and exploration of cyber weapons with a focus on their strategic dimensions. It brings together many of the leading specialists in the field to provide new and incisive analysis of what former CIA director Michael Hayden has called "digital combat power" and how the United States should incorporate that power into its national security strategy.

Communications Sector Protection and Homeland Security is an eye-opening account and an important reference source of a complex sector. Communications systems are the backbone for much of the critical infrastructure within the United States and many of the other infrastructure components are completely dependent on them to perform their missions. They serve part in parcel with other key national security and emergency preparedness resources. This book examines the importance that communication sector has for national security policy and issues of homeland security.

Cybersecurity and Human Rights in the Age of Cyberveillance is a collection of articles by distinguished authors from the US and Europe that presents contemporary perspectives on the limits of human rights online. By considering the latest political events and case law, including the NSA PRISM surveillance program controversy, the planned EU data protection amendments, and the latest European Court of Human Rights jurisprudence, it provides an analysis of the ongoing legal discourse on global cyberveillance.

With each passing year, the internet-linked attacks on America's interests have grown in both frequency and severity. Overmatched by our military, countries like North Korea, China, Iran, and Russia have found us vulnerable in cyberspace. The "Code War" is upon us. In this dramatic book, former Assistant Attorney General John P. Carlin takes readers to the front lines of a global but little-understood fight as the Justice Department and the FBI chase down hackers, online terrorist recruiters, and spies. Today, as our entire economy goes digital, from banking to manufacturing to transportation, the potential targets for our enemies multiply. This firsthand account is both a remarkable untold story and a warning of dangers yet to come.

Focusing on the legal issues that can arise in old age and the various laws and governmental programs that address those issues, this book is organized in three parts that reflect the different stages of aging. "Retirement Considerations" discusses income issues and paying for medical care; "Post-Retirement Issues" addresses topics such as housing and identifying decision makers for their property and person; and "Later Life Concerns" covers issues associated with the end of life, including long-term care and planning for the possible loss of mental capacity.

The U.S. population is aging and most professionals will encounter more and more clients who are seniors. Working with Aging Clients provides practical insights and strategies to help lawyers, business, and financial professionals address aging biases and successfully accommodate the needs of this growing clientele. This book also places a special focus on financial elder abuse as well as the capacity of financial decision making for seniors. The author provides shrewd techniques to guide professionals in identifying, preventing or simply stopping financial elder abuse.

This valuable resource from AARP and the American Bar Association guides you through the process of gathering in one place your finances, legal documents, online accounts, wishes about medical care, and more. While giving you peace of mind, this book is also a gift to your loved ones. With this one-of-a-kind guide, you'll stay in control of your life and feel satisfied in knowing that if anything happens, you and your family will be well prepared.

Age-related issues, including diminished capacity, can be a significant indicator of the potential vulnerability of a client to undue influence, and also an indicator that our population as a whole is aging. Elder abuse has been called "the crime of the 21st century." Undue influence is a form of financial abuse of the elderly, with the large number of reported cases and estimated $1.17 billion in damages just the tip of the iceberg. Looking at the topic from a legal perspective, Undue Influence and Vulnerable Adults addresses both the role and the importance of the attorney when representing a vulnerable adult. The book’s authors, who each command extensive experience in the area, explain the relevant considerations and provide strategies when litigation is required. Their practical and legal advice on issues will assist planners identify issues and then create effective plans for vulnerable adults that may better withstand attack.

The Law of Later-Life Healthcare and Decision Making, Second Edition provides a comprehensive description of the manner in which the law regulates and reacts to healthcare and personal decision-making for the elderly. Whether you need an explanation of the intricacies of Medicare and Medicaid, alternatives to guardianship, or healthcare options for an incapacitated person, this book offers perspective and guidance in making difficult decisions.

Experts say that every 65 seconds someone is diagnosed with Alzheimer's disease or some other form of dementia. When someone you love gets that diagnosis, you need answers. The authors, Kerry Peck and Rick Law, are two nationally renowned elder law attorneys who can help you make wise decisions in the midst of a post-diagnosis whirlwind of confusion. This book is designed to be used as a reference guide to finding quality legal advice to overcome some very common legal obstacles raised by a diagnosis of Alzheimer's disease.

A practical resource for dealing with family matters upon death, this first-of-its-kind publication from the American Bar Association and AARP helps answer the myriad of questions surrounding what needs to be done following a loved one's passing. This must-have book guides you through the steps to wrap up the personal and financial affairs of the loved one who died. Although it does not provide legal advice, it does include legal reasons, implications and complications that cover a variety of questions loved ones face upon death.

This Hastings Center report features 16 essays by leading scholars and practitioners in various fields of study such as architecture and design, bioethics, disability studies, economics, gerontology, health policy, housing studies, medicine, philosophy, political science, and urban planning. The report shares ideas about the nature of aging societies, and calls on bioethics to "broadens its lens" to improve the aging experience and tackle problems of injustice affecting older adults and caregivers.

Over five centuries of foreign rule--by Spain, Mexico, and the United States--Native American pueblos have confronted attacks on their sovereignty and encroachments on their land and water rights. How five New Mexico and Texas pueblos did this, in some cases multiple times, forms the history of cultural resilience and tenacity chronicled in Pueblo Sovereignty by two of New Mexico's most distinguished legal historians, Malcolm Ebright and Rick Hendricks. The authors focus here on four New Mexico Pueblo Indian communities--Pojoaque, Nambe, Tesuque, and Isleta--and one now in Texas, Ysleta del Sur. They trace the complex tangle of conflicting jurisdictions and laws these pueblos faced when defending their extremely limited land and water resources. The communities often met such challenges in court and, sometimes, as in the case of Tesuque Pueblo in 1922, took matters into their own hands. Ebright and Hendricks describe how--at times aided by appointed Spanish officials, private lawyers, priests, and Indian agents--each pueblo resisted various non-Indian, institutional, and legal pressures; and how each suffered defeat in the Court of Private Land Claims and the Pueblo Lands Board, only to assert its sovereignty again and again. Although some of these defenses led to stunning victories, all five pueblos experienced serious population declines. Some were even temporarily abandoned. That all have subsequently seen a return to their traditions and ceremonies, and ultimately have survived and thrived, is a testimony to their resilience. Their stories, documented here in extraordinary detail, are critical to a complete understanding of the history of the Pueblos and of the American Southwest.

During the long, hot summers of the late 1960s and 1970s, one man began a campaign to open some of America's most exclusive beaches to minorities and the urban poor. That man was anti-poverty activist and one-time presidential candidate Ned Coll of Connecticut, a state that permitted public access to a mere seven miles of its 253-mile shoreline. Nearly all of the state's coast was held privately, for the most part by white, wealthy residents. This book is the first to tell the story of the controversial protester who gathered a band of determined African American mothers and children and challenged the racist, exclusionary tactics of homeowners in a state synonymous with liberalism. Coll's legacy of remarkable successes--and failures--illuminates how our nation's fragile coasts have not only become more exclusive in subsequent decades but also have suffered greater environmental destruction and erosion as a result of that private ownership.

Unstable Ground looks at the human impact of climate change and its potential to provoke some of the most troubling crimes against humanity--ethnic conflict, war, and genocide. Alex Alvarez provides an essential overview of what science has shown to be true about climate change and examines how our warming world will challenge and stress societies and heighten the risk of mass violence. Drawing on a number of recent and historic examples, including Darfur, Syria, and the current migration crisis, this book illustrates the thorny intersections of climate change and violence. The author doesn't claim causation but makes a compelling case that changing environmental circumstances can be a critical factor in facilitating violent conflict. As research suggests climate change will continue and accelerate, understanding how it might contribute to violence is essential in understanding how to prevent it.

Although water is nature's most important molecule, its regulation and management are the most challenging public policy issues for any society. Water is the common denominator of all life on earth. Public water policies then become the fundamental foundations of community formation anywhere. Cities exist in their places based on the local access to adequate amounts of fresh water. Without fair, workable, and transparent public water policy any society is threatened with socio-economic destruction, especially in the arid areas living under severe drought and the threat of warming trends worldwide. Public Water Policies provides an interdisciplinary view of water policies worldwide , and critically analyzes the consequences of water policies around the world, many that are not only overlooked, but that have never been considered. The book also analyzes the conflicts in social values of any society that demand hard choices between population growth, economic growth, and the environment, and provides a new perspective on the overall long-reaching economic consequences of water policy. The author offers four new terms to describe public water policies in relation to social control: due process social control, deceptive social control, diplomatic social control, and destructive social control.

This book summarizes the history of the human right to water, and it examines the main content and the obligations that derive from this human right. The main purpose of the recognition of the human right to water is to guarantee that everyone has access to sufficient, safe, and affordable drinking water to satisfy personal and domestic uses. The book discusses whether the human right to water is recognized as a derivative right or as an independent right at three levels - the universal, regional, and domestic levels - where human rights are recognized and enforced.

In Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.

Scarcity of water, floods and erosion caused by climate change have made the management of water resources a challenge to national and international actors worldwide. States have also initiated water projects to improve social welfare, often with significant impacts on the environment. This book combines close analysis of the legal structures of water rights with consideration of the modes of water management projects to illustrate current water-related problems in terms of practical solutions in a global context. Human rights and participation are also shown to play an increasingly important role in terms of both law and financing of water projects. Case studies illustrate the development of practical strategies for environmentally friendly and socially acceptable solutions, notably through the concept of adaptive water management.

Climate change is increasingly recognized as a global threat, and is already contributing to record-breaking hurricanes and heat waves. To prevent the worst impacts, attention is now turning to climate engineering - the intentional large-scale modification of the environment to reduce the impact of climate change. The two principal methods involve removing some carbon dioxide from the atmosphere (which could consume huge amounts of land and money, and take a long period of time), and reducing the amount of solar radiation reaching the earth's surface, perhaps by spraying aerosols into the upper atmosphere from airplanes (which could be done quickly but is risky and highly controversial). This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally.

This 3-volume, 3,000-page set provides a platform for investment in renewable energy in 59 jurisdictions worldwide. It provides an analysis of the regulatory framework in particular jurisdictions and analysis of related power purchase agreements which can be tailored to the participating jurisdiction. For interested stakeholders, this book facilitates investment by providing basic information, including an analysis of snap shot financial and background information on each jurisdiction that provides immediate context and a fuller understanding of each. Included are sample Power Purchase Agreements, which are the critical document required to finance renewable energy projects.

More Sticks and Bricks brings together in one volume the expertise of nationally recognized engineers, architects and contractors who explain in clear language their areas of building technology. No matter what your level of expertise, this comprehensive guide pulls together the basics of constructing a building and presents it in a practical format.

Exploring the jurisprudence, litigation strategy, and paths toward cost effective resolution of natural resource damage cases, this book is built on the authors' combined 30 years of experience handling some of the country's largest and most complex NRD cases. It also provides an annotated compilation of caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials, as well as a quantitative analysis of all key NRD settlements to allow companies and trustees to properly assess their own cases in the context of prior results.

The Energy Antitrust Handbook provides a comprehensive review of the regulatory and antitrust issues that arise in the electricity, natural gas, and petroleum industries.

Now updated, this handbook provides a definitive practical resource to the provisions and complexities of the federal Clean Water Act (CWA) and how it continues to evolve. Written by some of the country’s most knowledgeable experts on the CWA, this practical guide is a compilation of their experience in understanding this complex statute, its implementing regulations and guidelines, and the impact of recent developments.

While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. This book discusses the impact of federal environmental law on the use of water resources. Central to any discussion of the federal impact on water rights are the major environmental laws, which include: Endangered Species Act; The Migratory Bird Treaty Act; The Clean Water Act; The Wilderness Act designations and the wild and scenic rivers designations; and, The National Environmental Policy Act.

This book analyzes the distribution and utilisation of the water of the Euphrates and Tigris river system from the perspective of international law. It shows which international treaties and provisions of international customary law regulating the non-navigational use of international freshwater systems are binding for the riparian states, Iraq, Syria and Turkey, and how the distribution and utilisation of the waters of the river system are governed by these.

In this important new primer, Dustin Mulvaney makes a passionate case for the significance of solar power energy and offers a vision for a more sustainable and just solar industry for the future. The solar energy industry has grown immensely over the past several years and now provides up to a fifth of California's power. But despite its deservedly green reputation, solar development and deployment may have social and environmental consequences, from poor factory labor standards to landscape impacts on wildlife. Using a wide variety of case studies and examples that trace the life cycle of photovoltaics, Mulvaney expertly outlines the state of the solar industry, exploring the ongoing conflicts between ecological concerns and climate mitigation strategies, current trade disputes, and the fate of toxics in solar waste products. This exceptional overview will outline the industry's current challenges and possible futures for students in environmental studies, energy policy, environmental sociology, and other aligned fields.

During the long, hot summers of the late 1960s and 1970s, one man began a campaign to open some of America's most exclusive beaches to minorities and the urban poor. That man was anti-poverty activist and one-time presidential candidate Ned Coll of Connecticut, a state that permitted public access to a mere seven miles of its 253-mile shoreline. Nearly all of the state's coast was held privately, for the most part by white, wealthy residents. This book is the first to tell the story of the controversial protester who gathered a band of determined African American mothers and children and challenged the racist, exclusionary tactics of homeowners in a state synonymous with liberalism. Coll's legacy of remarkable successes--and failures--illuminates how our nation's fragile coasts have not only become more exclusive in subsequent decades but also have suffered greater environmental destruction and erosion as a result of that private ownership.

In an ideal world, environmental information would be easy to find and use. But the current state of environmental information access requires additional knowledge and expertise -- the kind that this book provides. Designed for legal practitioners, librarians, journalists, advocates, students, and researchers, this book helps environmental information seekers locate, obtain, and make sense of environmental records, documents, and pieces of data. It contains tips and concepts that expand beyond legal research or general research and into the broader realm of information-gathering. The book discusses environmental research tactics and resources and it also covers methods for obtaining information from nontraditional sources like government offices and open meetings.

Answers to environmental issues are not black and white. Debates around policy are often among those with fundamentally different values, and the way that problems and solutions are defined plays a central role in shaping how those values are translated into policy. The Environmental Case captures the real-world complexity of creating environmental policy, and this much-anticipated Fifth Edition contains fifteen carefully constructed cases. Through her analysis, Sara Rinfret explores the background, players, contributing factors, and outcomes of each case, and gives readers insight into some of the most interesting and controversial issues in U.S. environmental policymaking.

Unstable Ground looks at the human impact of climate change and its potential to provoke some of the most troubling crimes against humanity--ethnic conflict, war, and genocide. Alex Alvarez provides an essential overview of what science has shown to be true about climate change and examines how our warming world will challenge and stress societies and heighten the risk of mass violence. Drawing on a number of recent and historic examples, including Darfur, Syria, and the current migration crisis, this book illustrates the thorny intersections of climate change and violence. The author doesn't claim causation but makes a compelling case that changing environmental circumstances can be a critical factor in facilitating violent conflict. As research suggests climate change will continue and accelerate, understanding how it might contribute to violence is essential in understanding how to prevent it.

Although water is nature's most important molecule, its regulation and management are the most challenging public policy issues for any society. Water is the common denominator of all life on earth. Public water policies then become the fundamental foundations of community formation anywhere. Cities exist in their places based on the local access to adequate amounts of fresh water. Without fair, workable, and transparent public water policy any society is threatened with socio-economic destruction, especially in the arid areas living under severe drought and the threat of warming trends worldwide. Public Water Policies provides an interdisciplinary view of water policies worldwide , and critically analyzes the consequences of water policies around the world, many that are not only overlooked, but that have never been considered. The book also analyzes the conflicts in social values of any society that demand hard choices between population growth, economic growth, and the environment, and provides a new perspective on the overall long-reaching economic consequences of water policy. The author offers four new terms to describe public water policies in relation to social control: due process social control, deceptive social control, diplomatic social control, and destructive social control.

The last decade has witnessed an increasing focus on the relationship between climate change and human rights. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

Once the exclusive prerogative of domaine reserve, landscape has gained increasing importance in international law in recent years. Since the introduction of cultural landscapes within the UNESCO World Heritage Convention, and particularly since the adoption of the European Landscape Convention (ELC), emphasis has shifted beyond a scenic, preservationist approach towards a more dynamic, human-centred one. The focus is not only on outstanding landscapes, but also on the everyday and degraded landscapes where most people live and work. Landscape is land shaped by people, after all, and its protection, management and planning have a number of implications for democracy, human rights and spatial justice. Despite these links, however, there has been little legal scholarship on the topic.How does international law, which deals for the most part with universality, deal with something so region-specific and particular as landscape? What is the legal conception of landscape and what are the various roles played by international law in its protection? Amy Strecker assesses the institutional framework for landscape protection, analyses the interplay between landscape and human rights, and links the etymology and theory of landscape with its articulation in law.

The book analyzes the question of legitimacy and efficacy of certain organs created on the basis of Multilateral Environmental Agreements, i.e. Conferences and Meetings of the Parties. It analyzes their structure, new developments and collaborative efforts regarding the powers of these bodies in achieving desired goals of environmental protection.

This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication.

This book, by three experts in the field, provides a comprehensive overview of the legal instruments and sources that govern the international response to climate change. Climate change is one of the fundamental challenges facing the world today, and is the cause of significant international concern. In response, states have created a legal regime, albeit a contested one, to address climate change and its impacts. The legal texts that comprise the climate regime - the United Nations Framework Convention on Climate Change, 1992, and its Kyoto Protocol, 1997 - are in force, have concrete content, and are binding. This book provides a clear guide to the legal regime applicable to climate change, demonstrating how the terms employed in the relevant instruments and conventions should be interpreted.

Climate change is increasingly recognized as a global threat, and is already contributing to record-breaking hurricanes and heat waves. To prevent the worst impacts, attention is now turning to climate engineering - the intentional large-scale modification of the environment to reduce the impact of climate change. The two principal methods involve removing some carbon dioxide from the atmosphere (which could consume huge amounts of land and money, and take a long period of time), and reducing the amount of solar radiation reaching the earth's surface, perhaps by spraying aerosols into the upper atmosphere from airplanes (which could be done quickly but is risky and highly controversial). This is the first book to focus on the legal aspects of these technologies: what government approvals would be needed; how liability would be assessed and compensation provided if something goes wrong; and how a governance system could be structured and agreed internationally.

Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration.

At a time when the planet's wildlife faces countless dangers, international environmental law continues to overlook its evolving welfare interests. This thought-provoking book provides a crucial exploration of how international environmental law must adapt to take account of the growing recognition of the intrinsic value of wildlife. Animal Welfare and International Environmental Law offers compelling and timely arguments in favor of wildlife's inherent worth and proposes a progressive development of the law in response to its needs and interests. Taking into account recent trends in bioethics and conservation, these critical discussions of wildlife welfare have dramatic implications for the future of sustainable development and sustainable use. The book challenges assumptions by taking a perspective which decenters the needs of humans and instead emphasizes the growing need to protect wildlife with compassion and care.

Air law has evolved and grown along with the aviation industry. Today, there is an elaborate and wide-ranging collection of international conventions, treaties, and air transport agreements, as well as a highly developed body of domestic law having an international application that governs air transport. Behind the glamour of air transportation is a myriad of issues relating to aviation security, aviation safety, the use of airports and air navigation services, as well as environmental concerns that are at play and that require extensive analysis and study. Since the first edition of the book in 2008, there have been significant developments in aviation law, public policy, and technology. Several major diplomatic conferences have been convened by the International Civil Aviation Organization (ICAO), and these conferences have drafted major treaties. Additionally, in 2016, the ICAO General Assembly adopted a Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). New technologies also now capture the attention of Air Law, including Unmanned Aerial Vehicles (drones) and space transportation.

Sometimes the practice of environmental law seems to involve an endless stream of ethical problems, and there is added importance to these issues because there is real potential for public safety concerns in these cases. This book provides a broad focus for the practitioner, addressing the diverse and important issues of legal ethics that can arise in the context of environmental law.

Exploring the jurisprudence, litigation strategy, and paths toward cost effective resolution of natural resource damage cases, this book is built on the authors' combined 30 years of experience handling some of the country's largest and most complex NRD cases. It also provides an annotated compilation of caselaw, consent decrees, cooperative assessment agreements, administrative record submissions, and other materials, as well as a quantitative analysis of all key NRD settlements to allow companies and trustees to properly assess their own cases in the context of prior results.

The environmental field and its regulations have evolved significantly since Congress passed the first environmental law in 1970, and the Environmental Law Handbook, published just three years later, has been indispensable to students and professionals ever since. The authors provide clear and accessible explanations, expert legal insight into new and evolving regulations, and reliable compliance and management guidance. The Environmental Law Handbook, with this 24th edition, continues to provide individuals across the country--professionals, professors, and students--with a comprehensive, up-to-date, and easy-to-read look at the major environmental, health, and safety laws affecting U.S. businesses and organizations. Because it is written by the country's leading environmental law firms, it provides the best, most reliable guidance anywhere.

Climate Change, Public Health, and the Law provides the first comprehensive explication of the dynamic interactions between climate change, public health law, and environmental law, both in the United States and internationally. Responding to climate change and achieving public health protections each require the coordination of the decisions and behavior of large numbers of people. However, they also involve interventions that risk compromising individual rights. The challenges involved in coordinating large-scale responses to public health threats and protecting against the invasion of rights, makes the law indispensable to both of these agendas. Written for the benefit of public health and environmental law professionals and policymakers in the United States and in the international public health sector, this volume focuses on the legal components of pursuing public health goals in the midst of a changing climate. It will help facilitate efforts to develop, improve, and carry out policy responses at the international, federal, state, and local levels.

Adapting to Rising Sea Levels discusses the ways in which the structure of the United States' legal system shapes adaptation. The book provides the necessary background on the science of sea level rise and the basic legal principles that animate decision-making in the coastal zone, including the takings doctrine. It explores the role of federal flood insurance and disaster relief in shaping adaptation decisions, presents case studies from states, and concludes with a high-level overview of some of the unique challenges faced by corporations operating in the coastal zone.

Now updated, this handbook provides a definitive practical resource to the provisions and complexities of the federal Clean Water Act (CWA) and how it continues to evolve. Written by some of the country’s most knowledgeable experts on the CWA, this practical guide is a compilation of their experience in understanding this complex statute, its implementing regulations and guidelines, and the impact of recent developments.

This volume is a compilation of essays and research related to the rapidly changing dynamics of emerging government-focused sustainability efforts at the state and local levels. Specifically, the book explores the level of experimentation taking place by governments in their quest to become more "green." The book is organized into three main issue areas: greening of governmental operations; using land use planning and community development tools to create greener communities; and litigation issues surrounding the green movement. There are countless approaches and creative strategies that can achieve sustainability goals and at the same time, make government more efficient, less costly and more transparent. This book is designed to introduce government lawyers to opportunities and benefits when lawmakers and policymakers rethink "business as usual" in the name of sustainability and "greener" governments.

While state law almost exclusively governs the allocation of surface waters in the United States, there are also reserved rights, an important class of water rights created by federal law. This book discusses the impact of federal environmental law on the use of water resources. Central to any discussion of the federal impact on water rights are the major environmental laws, which include: Endangered Species Act; The Migratory Bird Treaty Act; The Clean Water Act; The Wilderness Act designations and the wild and scenic rivers designations; and, The National Environmental Policy Act.

Wolves, Courts, and Public Policy examines the reintroduction and recovery of the wolf in that region and focuses on the controversial role of the courts in the resolution of public policy conflicts. Federal courts, which were required to interpret the statutory mandates and review the Department of the Interior's decisions to ensure statutory compliance, have been instrumental in the return of the wolf to the Northern Rocky Mountains. The analysis of this public law litigation demonstrates that the federal courts correctly interpreted the statutory mandates and properly evaluated the Department of Interior's decisions.

This invaluable practical resource provides a thorough introduction to the legal and policy issues associated with vacant and problem properties, how to take action to revitalize them, and how to frame effective and defensible local ordinances and regulations. It also addresses the benefits and challenges of creating land banks, the regulatory issues involved with dealing with brownfield properties, the importance of developing sound demolition strategies, and the value of greening or nondevelopment reuse strategies.

Starting from the question of how international law may protect the Pacific people from climate change, this book represents the original development of the international hybrid law concept, as the basic legal study of climate change from the environmental, human rights and refugee perspectives. From 2007 to 2012, the research conducted in the Pacific demonstrated that the most affected people by the gaps of international law are the vulnerable ones whose adaptation options are limited or exhausted, and are facing displacement. In this individual context of the Pacific islands, the book analysis the most important documents, relevant institutions and (political) actors, offering the readers, including students, the most appropriate legal analysis of the climate change impacts in the Pacific. The 2015 Paris Agreement, by recognizing human rights and human mobility in the context of climate change, confirms the hybrid legal approach described in this book as one of the future solutions in identifying and addressing international legal gaps by placing the people affected by climate change in the center of the discussion.

This book examines the nature of the rights and obligations of coastal States on the issue of continental shelves, with a particular focus on the options for regulating activities on the extended continental shelf. The book discusses the development of the concept of the extended continental shelf. It explores a range of issues facing the coastal State in regulating matters such as environmental protection, fishing, bioprospecting, exploitation of non-living resources and marine scientific research on the extended continental shelf. The book proposes a framework for navigating the intersection between the high seas and the extended continental shelf and minimizing the potential for conflict between flag and coastal States.

This highly topical book considers the important question of how best to protect the environment of the Third Pole - the area comprising the Hindu Kush Himalayas and Tibetan Plateau - using the tool of international law; specifically, international environmental law and the law of international watercourses. Following detailed analysis of weaknesses in current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance.

In this important new primer, Dustin Mulvaney makes a passionate case for the significance of solar power energy and offers a vision for a more sustainable and just solar industry for the future. The solar energy industry has grown immensely over the past several years and now provides up to a fifth of California's power. But despite its deservedly green reputation, solar development and deployment may have social and environmental consequences, from poor factory labor standards to landscape impacts on wildlife. Using a wide variety of case studies and examples that trace the life cycle of photovoltaics, Mulvaney expertly outlines the state of the solar industry, exploring the ongoing conflicts between ecological concerns and climate mitigation strategies, current trade disputes, and the fate of toxics in solar waste products. This exceptional overview will outline the industry's current challenges and possible futures for students in environmental studies, energy policy, environmental sociology, and other aligned fields.

In Ethics in the Real World, Peter Singer shows that he is a master at dissecting important current events in a few hundred words. In this book of brief essays, he applies his controversial ways of thinking to issues like climate change, extreme poverty, animals, abortion, euthanasia, human genetic selection, sports doping, the sale of kidneys, the ethics of high-priced art, and ways of increasing happiness. Singer asks whether chimpanzees are people, smoking should be outlawed, or consensual sex between adult siblings should be decriminalized, and he reiterates his case against the idea that all human life is sacred, applying his arguments to some recent cases in the news. Provocative and original, these essays will challenge--and possibly change--your beliefs about a wide range of real-world ethical questions.

The Crime of Complicity is a ground-breaking examination of the legal culpability of the bystander told through the lens of the author's family experiences in the Holocaust. It provides an exploration of three distinct events: the death marches; the German occupation of Holland; and the German occupation of Hungary, all of which allow an in-depth discussion of the role of the bystander in varied circumstances. Through a narrative of his parents' stories, Amos Guiora, Professor of Law at the S.J. Quinney College of Law at the University of Utah, author, and former Lieutenant Colonel in the Israel Defense Force, poses the question of whether there can and should be legal liability in deciding not to act to aid another person in distress. It draws upon a wide range of historical, psychological, sociological and archival material in an effort to determine the legal and moral responsibility of the bystander.

Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Zaluski analyzes the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favor of metaethical realism and ius naturale. Zaluski argues that human nature is undoubtedly ambivalent: human beings have been endowed by natural selection with moral, immoral, and neutral tendencies (the first ambivalence), and the moral tendencies themselves are ambivalent (the second ambivalence), giving rise to an inferior form of ethics called 'evolutionary ethics'. Introducing a novel distinction between two types of evil, primary and secondary, this book explores the differences between evolutionary ethics and genuine ethics in order to analyse the history of legal systems and the controversy between natural law and legal positivism.

This book sets out a possible trajectory for the co-development of legal responsibility on the one hand and artificial intelligence and the machines and systems driven by it on the other. As autonomous technologies become more sophisticated it will be harder to attribute harms caused by them to the humans who design or work with them. This will put pressure on legal responsibility and autonomous technologies to co-evolve. Mark Chinen illustrates how these factors strengthen incentives to develop even more advanced systems, which in turn inspire nascent calls to grant legal and moral status to autonomous machines.

This book helps lawyers and future lawyers understand the cognitive biases that can affect their law practices. It introduces lawyers to cognitive biases and how to overcome them. It demonstrates how to think more clearly and how to avoid being manipulated by others through cognitive biases. It also explains how you can use cognitive biases in persuasion. Finally, it demonstrates how attorneys can avoid unconscious ethical lapses.

Sometimes the practice of environmental law seems to involve an endless stream of ethical problems, and there is added importance to these issues because there is real potential for public safety concerns in these cases. This book provides a broad focus for the practitioner, addressing the diverse and important issues of legal ethics that can arise in the context of environmental law.

Ethical Problems in the Practice of Law, Concise Fourth Edition offers a contemporary and thoughtful approach to challenging ethical dilemmas, encouraging deep analysis and lively class discussion. Key Features: Succinct and accessible explanation of lawyer law in question and answer format; numerous problems based on actual cases, in which students must analyze the ethical and strategic issues as if they were practicing lawyers; focus on issues that students are most likely to face in their early years of practice; stimulating presentation of materials, including cartoons, tables, and photos; updates of countless recent developments in lawyer law, including the amendments to Rules 1.6, 1.18 and 8.4; and, up-to-date discussions of how the Internet is affecting law practice, including the use of e-mail and social media.

However rare, some injustices are "objectively" determined, often through DNA evidence, which allows us to squarely establish innocence despite a conviction. But the stories selected for this book represent a cross-section: some are such that (almost) every reader will see and acknowledge the wrong, and some interviews may leave the readers scratching his head, wondering "what was the author thinking?" By speaking with those impacted by injustices that occurred over the last 60 years, this book requires readers to look at injustice in the context of our times. The stories told by the participants themselves give the reader insight into the challenges of dispensing, and even commenting on, justice.

This handbook deals with social media laws and related governance principally in the United States (including a separate chapter on records management within the context of social media), while providing the reader with ample coverage of key global regions, including Canada, the European Union, Australia, and Asia.

While technology positively impacts the legal profession and improves workflows, a lawyer must also master social media skills and know that all existing rules of ethics still apply while navigating the brave new world of status updates, tweets, Instagram followers, and YouTube uploads. Written to assist lawyers navigate the often slippery slope of digital communication such as Twitter, Facebook, and more, this pertinent book offers necessary guidance for one’s ethical responsibilities in social media.

In this book, the authors explore the relationship between federal procurement and the Civil False Claims Act (FCA), which is the federal government's principal civil tool in its anti-fraud efforts. The book describes the regulated nature of government contracting and the players in the policy and enforcement communities who regulate and police government contracts.

State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part of recent debates over judicial elections and have been the subject of several U.S. Supreme Court cases. Regulating Judicial Elections provides the first accounting of the efficacy and consequences of such rules. C. Scott Peters re-frames debates over judicial elections by shifting away from all-or-nothing claims about threats to judicial independence and focusing instead on the trade-offs inherent in our checks and balances system. In doing so, he is able to examine the costs and benefits of state ethical restrictions. Peters finds that while some parts of state codes of conduct achieve their desired goals, others may backfire and increase the politicization of judicial elections. Moreover, modest gains in the protection of independence come at the expense of the effectiveness of elections as accountability mechanisms. These empirical findings will inform ongoing normative debates about judicial elections.

This updated edition of one the ABA's most popular resources explains the practice of forensic accounting and business valuation and how to apply it in family law cases. It provides a practice-focused introduction to the core financial concepts in divorce, such as asset identification, classification, and valuation, income determination, expenses, and more.

A distinguished group of scholars from Germany, Israel and across the United States are brought together in Nazi Law to investigate the ways in which Hitler and the Nazis used the law as a weapon, mainly against the Jews, to establish and progress their master plan for German society. The book looks at how, after assuming power in 1933, the Nazi Party manipulated the legal system and the constitution in its crusade against Communists, Jews, homosexuals, as well as Jehovah's Witnesses and other religious and racial minorities, resulting in World War II and the Holocaust. It then goes on to analyse how the law was subsequently used by the opponents of Nazism in the wake of World War Two to punish them in the war crime trials at Nuremberg.

Examining the thematic intersection of law, technology and violence, this book explores cyber attacks against states and current international law on the use of force. The theory of information ethics is used to critique the law's conception of violence and to develop an informational approach as an alternative way to think about cyber attacks. Cyber attacks against states constitute a new form of violence in the information age, and international law on the use of force is limited in its capacity to regulate them. This book draws on Luciano Floridi's theory of information ethics to critique the narrow conception of violence embodied in the law and to develop an alternative way to think about cyber attacks, violence, and the state. The author uses three case studies - the 2007 cyber attacks against Estonia, the Stuxnet incident involving Iran that was discovered in 2010, and the cyber attacks used as part of the Russian interference in the 2016 US presidential election - to demonstrate that an informational approach offers a means to reimagine the state as an entity and cyber attacks as a form of violence against it.

In A Death of One's Own, the first sustained literary study of the right to die, Jared Stark takes on timely questions by testing predominant legal understandings of assisted suicide and euthanasia against literary reflections on modern death from the nineteenth and twentieth centuries. Rigorously interdisciplinary and lucidly argued, Stark's wide-ranging discussion sheds critical light on the disquieting bioethical and biopolitical dilemmas raised by contemporary forms of medical technology and legal agency. Probing the intersections of law and literature, Stark interweaves close discussion of major legal, political, and philosophical arguments with revealing readings of literary and testimonial texts by writers including Balzac, Melville, Benjamin, and Amery.

Many have hailed the widespread use of generic drugs as one of the most important public-health developments of the twenty-first century. Today, almost 90 percent of our pharmaceutical market is comprised of generics, the majority of which are manufactured overseas. We have been reassured by our doctors, our pharmacists and our regulators that generic drugs are identical to their brand-name counterparts, just less expensive. But is this really true? Katherine Eban's Bottle of Lies exposes the deceit behind generic-drug manufacturing--and the attendant risks for global health. Drawing on exclusive accounts from whistleblowers and regulators, as well as thousands of pages of confidential FDA documents, Eban reveals an industry where fraud is rampant, companies routinely falsify data, and executives circumvent almost every principle of safe manufacturing to minimize cost and maximize profit, confident in their ability to fool inspectors. Meanwhile, patients unwittingly consume medicine with unpredictable and dangerous effects. A decade-long investigation with international sweep, high-stakes brinkmanship and big money at its core, Bottle of Lies reveals how the world's greatest public-health innovation has become one of its most astonishing swindles.