This study explores the ironies and errors that led to the enactment of the German and Japanese statutes and emphasizes the unexpected degree of convergence that has occurred during the past fifty years through amendment and practice. It compares in detail the institutional structure and processes for the enforcement of antitrust controls as well as the system of remedies and sanctions available under each statute. It notes the debates in Germany and Japan over the effectiveness of statutes, particularly the still timely debate in 1970s Germany over a proposal for criminal sanctions.
Antitrust in Germany and Japan reveals many unexpected and controversial similarities between the two antitrust regimes and demonstrates the extent to which American policy toward Germany determined American policy in Japan not only during presurrender planning but also throughout the occupation. It also challenges the prevailing view of the relative strength of antitrust controls in Germany relative to the weakness of antitrust in Japan.
This book will be of interest to corporate lawyers as well as to legal historians and scholars of political economy.
In this concise and accessible book, Solove exposes the fallacies of many pro-security arguments that have skewed law and policy to favor security at the expense of privacy. Protecting privacy isn't fatal to security measures; it merely involves adequate oversight and regulation. Solove traces the history of the privacy-security debate from the Revolution to the present day. He explains how the law protects privacy and examines concerns with new technologies. He then points out the failings of our current system and offers specific remedies. "Nothing to Hide" makes a powerful and compelling case for reaching a better balance between privacy and security and reveals why doing so is essential to protect our freedom and democracy.
In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.
Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes.
This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law.
Trace the development of International Law through key principles and processes.
Illustrate important issues and theories using excerpts from landmark cases.
In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.
The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
and accessible introduction to the driving principles of public choice. In this, the first
systematic look at the implications of social choice for legal doctrine, Farber and Frickey
carefully review both the empirical and theoretical literature about interest group influence and provide a nonmathematical introduction to formal models of legislative action. Ideal for course use, this volume offers a balanced and perceptive analysis and critique of an approach which, within limits, can illuminate the dynamics of government decision-making.
“Law and Public Choice is a most valuable contribution to the burgeoning literature. It
should be of great interest to lawyers, political scientists, and all others interested in issues at the intersection of government and law.”—Cass R. Sunstein, University of Chicago Law
In Confident Pluralism, John D. Inazu analyzes the current state of the country, orients the contemporary United States within its broader history, and explores the ways that Americans can—and must—live together peaceably despite these deeply engrained differences. Pluralism is one of the founding creeds of the United States—yet America’s society and legal system continues to face deep, unsolved structural problems in dealing with differing cultural anxieties, and minority viewpoints. Inazu not only argues that it is possible to cohabitate peacefully in this country, but also lays out realistic guidelines for our society and legal system to achieve the new American dream through civic practices that value toleration over protest, humility over defensiveness, and persuasion over coercion.
An essential clarion call during one of the most troubled times in US history, Confident Pluralism offers a refreshing argument for how the legal system can protect peoples’ personal beliefs and differences and shows how we can build toward a healthier future of tolerance, patience, and empathy.
After the Paris Attacks brings together leading scholars and journalists to respond to this tragedy and to debate how we can reach a safer and saner future. In this timely book, experts from fields such as law, political science, and philosophy grapple with the vital challenges of balancing security, justice, and tolerance, and offer astute and penetrating insights into how the world can best respond to these challenges.
As a contribution to legal theory, the study advances legal pluralist approaches not just by imagining a way to ‘make space for’ Indigenous legal traditions, but by actually working with their insights in building theory.
The book will be of value to students and researchers interested in Indigenous rights as well as those working in the areas of socio-legal studies, legal pluralism and law and cultural diversity.
Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Readers may explore international rules in the areas of jurisdiction of States in cyberspace, responsibility of States for cyber activities, human rights in the cyber world, permissible responses to cyber attacks, and more. Other topics addressed include the rules of engagement in cyber warfare, suppression of cyber crimes, permissible limits of cyber espionage, and suppression of cyber-related terrorism. Chapters feature explanations of case law from various jurisdictions, against the background of real-life cyber-related incidents across the globe. Written by an internationally recognized practitioner in the field, the book objectively guides readers through on-going debates on cyber-related issues against the background of international law.
This book is very accessibly written and is an enlightening read. It will appeal to a wide audience, from international lawyers to students of international law, military strategists, law enforcement officers, policy makers and the lay person.
Law and Happinessbrings together the best and most influential thinkers in the field to explore the question of what makes up happiness—and what factors can be demonstrated to increase or decrease it. Martha Nussbaum offers an account of the way that hedonics can productively be applied to psychology, Cass R. Sunstein considers the unexpected relationship between happiness and health problems, Matthew Adler and Eric A. Posner view hedonics through the lens of cost-benefit analysis, David A. Weisbach considers the relationship between happiness and taxation, and Mark A. Cohen examines the role crime—and fear of crime—can play in people’s assessment of their happiness, and much more.
The result is a kaleidoscopic overview of this increasingly prominent field, offering surprising new perspectives and incisive analyses that will have profound implications on public policy.
Analysts of American politics distinguish liberals from conservatives and Democrats from Republicans, but do not explain how these categories of political allegiance develop, maintain themselves, or change. Wildavsky offers a cultural-functional explanation for ideological and partisan coherence and realignment. Wildavsky also felt that these dualisms did not adequately capture the ideological and partisan variation he observed on the political landscape. Like others, he detected another recurring strain of political allegiance: that of classical liberalism or libertarianism. People of this political stripe valued freedom more than equality (the primary political value of contemporary liberals), and also more than order, the primary political value of conservatives.
The value of Wildavsky's reconceptualization of the ideological and social foundations of political conflict, compromise, and coalition is assessed here by Wildavsky's former colleagues and students at the University of California, Berkeley: Dennis Coyle, Richard Ellis, Robert Kagan, Austin Ranney, and Brendon Swedlow.
Aaron Wildavsky was Class of 1940 Professor of Public Policy and Political Science at the University of California, Berkeley, a chair of the political science department, founding dean of the policy school, and a president of the American Political Science Association.
Brendon Swedlow is an assistant professor of political science at Northern Illinois University, a research fellow at Duke University's Center for Environmental Solutions, and a fellow of UCLA's Center for Governance.
The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.
Key features include:
* Diagrams at the start of chapters to summarise the key points
* Structured heading levels to allow for clear recall of the main facts
* Charts and tables to break down more complex information
New to these editions is an improved text design making the books easier read and the facts easier to retain.
Key Facts books are supported by the website www.unlockingthelaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.
In this first-ever comprehensive history of one of the most important legal organizations in the United States, the Center forConstitutional Rights, Albert Ruben shows us exactly what itmeans to defend the Constitution. He examines the innovativetactics of the CCR, the ways in which a radical organization isbuilt and nurtured, and the impact that the CCR has had onour very conception of the law. This book is a must-read notonly for lawyers, but for all the rest of us who may one day findour rights in jeopardy.
Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights.
As a field, critical race theory has taken note of all these developments, and this primer does so as well. It not only covers a range of emerging new topics and events, it also addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study.
Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective.
Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.
This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.
- The European Court of Human Rights and the UK Supreme Court
- Human rights law
- EU membership
- International law in the UK Constitution
Key Facts Key Casesis the essential series for anyone studying law at LLB, postgraduate and conversion courses.?The series provides the?simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:
diagrams at the start of chapters to summarise key points
structured headings and numbered points to allow for clear recall of the essential points
charts and tables to break down more complex information
Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and?memorise essential cases needed for exam success.
Essential and leading cases are explained
The style, layout and explanations are user friendly?
Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
The Quid Pro Legal Legends Edition includes an extensive, practical, and modern Introduction by Stewart Macaulay, a senior law professor at the University of Wisconsin-Madison. Macaulay updates the current reader on the book's continued relevance and application, offers a practical perspective to new law students, and places the original edition in its historical context. Simply put, Macaulay writes, this "is a book that anyone interested in law schools or law should read."
The Quid Pro Books edition of the classic work also includes several unobtrusive annotations, to update the reader on legal terms and cultural references made in the original that may not be clear to today's reader. Moreover, this is a carefully proofread and presented edition, lacking the errors and scanning mistakes of other presses' editions in print. It is also available in paperback and clothbound formats from Quid Pro, including the annotations and new Introduction by Prof. Macaulay.
Although the book ranges over a variety of traditional topics in federal jurisdiction, the focus is steady on federal judicial administration conceived of as an interdisciplinary approach emphasizing system rather than doctrine, statistics rather than impressions, and caseload rather than cases. Like the earlier edition, this book promises to be a landmark in the empirical study of judicial administration.
Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo.
Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.
Until now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive, and readers can now lose themselves in the summations of America’s finest litigators.
Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous “family” in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the 1968 Chicago riots in his defense of yippie leaders known as the Chicago Seven.
Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in accessible, reader-friendly language.
The Pledge was written in 1892 by Francis Bellamy. Francis was cousin to Edward Bellamy, author of an international bestseller in 1888 that launched the nationalism movement. Edward's book was translated into every major language, including German. Francis and Edward were both self-proclaimed socialists in the Nationalism movement and they promoted military socialism.
The Bellamys wanted government to take over all schools. When the government granted their wish, the government's schools imposed segregation by law and taught racism as official policy. Government schools also forced robotic chanting to flags. All of that behavior even outlasted German National Socialism (or Nazism, although German National Socialists did not call themselves Nazis, they called themselves Socialists and National Socialists).
In addition to the notorious salute, American socialists also bear some blame for the notorious symbol used by the National Socialist German Workers Party on its flag. Edward Bellamy worked with the Theosophical Society, another socialist group, and during that time the Theosophical Society used the symbol adopted later by German National Socialists.
The symbol is commonly called a swastika, although German socialists called it a Hakenkreuz (hooked cross). Despite being an ancient symbol, the swastika was altered for use as overlapping S-letters for 'socialism.' It was turned 45 degrees from the horizontal and was oriented in the S-direction to highlight the overlapping S-letters for "socialists."
Similar alphabetic symbolism was used in the SS division (two "S" letters for "Schutzstaffel") and similar symbolism is still visible today, every day, on the streets as VW emblems (two "V" letters, or a "V" and a "W" letter, for "Volkswagen").
As part of the anti libertarian practice, people were persecuted for refusing to perform the straight-arm salute and mechanical chanting to the national flag. That happened at the same time in the USA and in Germany. The Pledge's early right-arm salute was not an ancient Roman salute.
The ancient Roman salute is a myth. Professor Curry showed that the 'ancient Roman salute' myth came from the Pledge.
Take the Pledge not to Pledge. Stop kissing the government's butt every morning. Remove the pledge from the flag. Remove flags from schools. Remove schools from government. For more information visit the site that archives the work of the nation's leading authority on the Pledge of Allegiance: the historian Dr. Rex Curry.
Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues--instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others--have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass.
This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homocide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
From the Hardcover edition.