This new text, designed for Trial Advocacy courses, pays special attention to the Rules of Evidence and provides 35 classroom simulations intended to cultivate students’ skills at witness examination. The author has carefully eliminated non-essential material from traditional approaches to the course, instead directing attention to core trial skills.The workbook is concisely written and presents information in a hands-on format that engages students in the subject matter while teaching them practical skills required in legal practice. The comprehensive Teacher’s Manual provides everything necessary for teaching the class, requiring minimal preparation time for the instructor.
The names of James Joyce and Ezra Pound ring out in the annals of literary modernism, but few recognize the name of Samuel Roth. A brash, business-savvy entrepreneur, Roth made a name--and a profit--for himself as the founding editor and owner of magazines that published selections from foreign writings--especially the risqu� parts--without permission. When he reprinted segments of James Joyce's epochal novel Ulysses, the author took him to court.Without Copyrights tells the story of how the clashes between authors, publishers, and literary "pirates" influenced both American copyright law and literature itself. From its inception in 1790, American copyright law offered no or less-than-perfect protection for works published abroad--to the fury of Charles Dickens, among others, who sometimes received no money from vast sales in the United States. American publishers avoided ruinous competition with each other through "courtesy of the trade," a code of etiquette that gave informal, exclusive rights to the first house to announce plans to issue an uncopyrighted foreign work. The climate of trade courtesy, lawful piracy, and the burdensome rules of American copyright law profoundly affected transatlantic writers in the twentieth century. Drawing on previously unknown legal archives, Robert Spoo recounts efforts by James Joyce, Ezra Pound, Bennett Cerf--the founder of Random House--and others to crush piracy, reform U.S. copyright law, and define the public domain. Featuring a colorful cast of characters made up of frustrated authors, anxious publishers, and willful pirates, Spoo provides an engaging history of the American public domain, a commons shaped by custom as much as by law, and of piracy's complex role in the culture of creativity.
George W. Bush s nominations of John Roberts and Samuel Alito to the Supreme Court in 2005 were widely expected to turn it sharply to the right. But no one foresaw the rapidity or the revolutionary zeal with which, as Ronald Dworkin writes, the Court would begin overruling, most often by stealth, the central constitutional doctrines that generations of past justices, conservative as well as liberal, had constructed.
Dworkin examines the key decisions of the Court s 2006- 2007 term and argues that these two new justices, along with Antonin Scalia and Clarence Thomas, have created an unbreakable phalanx bent on remaking constitutional law. They are guided not by political ideology or conservative judicial principle but rather by partisan, cultural, and perhaps religious allegiance, and disdain tradition, precedent, even careful legal reasoning.
In his analyses of the prior records of Roberts and Alito, Dworkin finds ample evidence that both have long held strong conservative convictions. But during their confirmation hearings, they gave little hint of their judicial philosophy, hiding behind vague promises to make decisions according to the rule of law. If senators fail to press nominees for candid answers to the controversial questions of principle underlying the Constitution, Dworkin contends, then the confirmation process is irrelevant.
As a result, the Court may be dominated for a generation by justices whose views are far from those of most Americans. Its past decisions on issues such as abortion, affirmative action, and executive power, Dworkin fears, are vulnerable to reversal in the next several years as the fiercely conservative justices set out to rewrite American constitutional law without much caring about the logic of the arguments they use to do so. Bush s appointment of Roberts and Alito may prove to be among the worst of the many disasters of his miserable administration. "
The conventional wisdom is that the founders were avid death penalty supporters. In this fascinating and insightful examination of America's Eighth Amendment, law professor John D. Bessler explodes this myth and shows the founders' conflicting and ambivalent views on capital punishment. Cruel and Unusual takes the reader back in time to show how the indiscriminate use of executions gave way to a more enlightened approach--one that has been evolving ever since. While shedding important new light on the U.S. Constitution's "cruel and unusual punishments" clause, Bessler explores the influence of Cesare Beccaria's essay, On Crimes and Punishments, on the Founders' views, and the transformative properties of the Fourteenth Amendment, which made the Bill of Rights applicable to the states. After critiquing the U.S. Supreme Court's existing case law, this essential volume argues that America's death penalty--a vestige of a bygone era in which ear cropping and other gruesome corporal punishments were thought acceptable--should be declared unconstitutional.
Here's the primer every first-time inventor needs. Packed with detailed information and concise explanations, "Nolo's Patents for Beginners "defines what a patent is and what it can do for you. Step by step, it explains how to: . use basic patent principles
. document an invention
. conduct a patent search
. acquire patent rights
. "read" an application
. determine patent ownership
. analyze disputes
. find patent information
. interpret international patent law "Nolo's Patents for Beginners" provides sample forms and letters, resources and a glossary of terms. This edition is completely revised to cover all changes in patent case law and updated regulations for inventors applying for a patent.
Opponents of same-sex marriage in the United States claim that allowing gays and lesbians to marry would undermine the institution of marriage, weaken family structures, and cause harm to children. Drawing from 17 years of data and experience with same-sex marriage in Scandinavia (in the form of registered partnerships), Gay Marriage: For Better or for Worse? is the first book to present empirical evidence about the effects of same-sex marriage on society. Spedale and Eskridge find that the evidence refutes conservative defense-of-marriage arguments and, in fact, demonstrates that the institution of marriage may indeed benefit from the legalization of gay marriage. If we look at the proof from abroad, the authors show, we must conclude that the sanctioning of gay marriage in the United States would neither undermine marriage as an institution, nor harm the wellbeing of our nation's children."A very interesting book that people should read."
--Bill O'Reilly, Host, The O'Reilly Factor "Whatever your views are now on same-sex marriage, this is the book to read to be informed about why same sex couples want legal recognition and what legal union means to them and to the larger community. Spedale and Eskridge give detailed accounts of the effects of registered partnerships in Scandinavia--and along the way, offer fascinating and engaging pictures of many people's lives."
Jeremiah Smith Jr. Professor, Harvard Law School "Spedale and Eskridge illuminate with remarkable even-handedness a debate that tends to generate more heat than light. They provide a cogent analysis of conservative arguments that same-sex matrimony threatens conventional marriage, and argue persuasively that enabling same-sex partners to marry may actually strengthen that beleaguered institution."
President and CEO, Center for American Progress "An important and timely contribution. It should be required reading for anyone interested in the future of families in America."
--Martha Albertson Fineman,
Robert W. Woodruff Professor, Emory Law School
When he resigned last June, Justice Stevens was the third longest serving Justice in American history (1975-2010)--only Justice William O. Douglas, whom Stevens succeeded, and Stephen Field have served on the Court for a longer time.
In Five Chiefs, Justice Stevens captures the inner workings of the Supreme Court via his personal experiences with the five Chief Justices--Fred Vinson, Earl Warren, Warren Burger, William Rehnquist, and John Roberts--that he interacted with. He reminisces of being a law clerk during Vinson's tenure; a practicing lawyer for Warren; a circuit judge and junior justice for Burger; a contemporary colleague of Rehnquist; and a colleague of current Chief Justice John Roberts. Along the way, he will discuss his views of some the most significant cases that have been decided by the Court from Vinson, who became Chief Justice in 1946 when Truman was President, to Roberts, who became Chief Justice in 2005.
Packed with interesting anecdotes and stories about the Court, Five Chiefs is an unprecedented and historically significant look at the highest court in the United States.
Very comprehensive... an informative and fun read.
-- Canadian Society of Forensic Science
An excellent survey of the postmortem identification and interpretation of human remains.
-- Science Books and Films
Human remains have much to tell us about how our ancestors lived and died, what they believed, and the rituals that were important to them. In Written in Bones, a team of international forensic anthropologists and archaeologists examines important case studies of human remains found at archeological sites around the world. Comprehensive text and color photographs describe how the remains were analyzed using modern scientific techniques and how the data were assembled to create authentic pictures of ancient cultures.
The book is organized in five chapters: A Way of Life, Natural Deaths, Deliberate Deaths, Burials, and Mummies and Mummification.
Some of the astonishing discoveries covered are:
- A Han Dynasty aristocrat preserved in an unknown red liquid
- Bog bodies in Europe
- The riddle of Tomb KV55, where a male body was found inside a female coffin
- The headless men and giant wolves of a Mesolithic cemetery in Siberia
The seven new cases in this revised edition include:
- The Silk Road Mummies
- Early European Farmers
- Mummies and Modern Medicine
- Infant Deaths in a Roman brothel
Called "grisly, gross and utterly compelling," Written in Bones is used as a text in archaeology and anthropology courses around the world. It is sure to find an audience among a wide variety of readers.
Lenny Bruce committed his life to telling the truth - as he saw it. But the things he said infuriated those in power, which is why the authorities in the largest, most progressive cities in the USA tried relentlessly to put him in jail. To them, Lenny's words were anarchic and immoral. For his fans - the hip, the discontented, the fringe - his words were not only razor sharp but a beacon in the dark, repressed society that was the early 1960s.
In The Founding Fathers' Guide to the Constitution, you'll discover:
- How the Constitution was designed to protect rather than undermine the rights of States
- Why Congress, not the executive branch, was meant to be the dominant branch of government--and why the Founders would have argued for impeaching many modern presidents for violating the Constitution
- Why an expansive central government was the Founders' biggest fear, and how the Constitution--and the Bill of Rights-- was designed to guard against it
- Why the founding generation would regard most of the current federal budget--including "stimulus packages"--as unconstitutional
- Why the Founding Fathers would oppose attempts to "reform" the Electoral College
- Why the Founding Fathers would be horrified at the enormous authority of the Supreme Court, and why the Founders intended Congress, not the Court, to interpret federal law
Authoritative, fascinating, and timely, The Founding Fathers' Guide to the Constitution is the definitive layman's guide to America's most important--and often willfully misunderstood--historical document.