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Supreme Court Appointments: Judge Bork and the Politicization of Senate Confirmations
By Norman Vieira, Leonard GROSS
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Publisher:Southern Illinois University Press
Number Of Pages:320
Publication Date:1998-11-11
ISBN-10 / ASIN:0809322048
ISBN-13 / EAN:9780809322046
Binding:Hardcover
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Product Description:
Norman Vieira and Leonard Gross provide an in-depth analysis of the political and legal framework surrounding the confirmation process for Supreme Court nominees.
President Ronald Reagan’s nomination of Judge Robert Bork to the Supreme Court met with a fierce opposition that was apparent in his confirmation hearings, which were different in many ways from those of any previous nominee. Lasting longer than any other Supreme Court confirmation battle, the Senate hearings dragged on for eighty-seven hours over a twelve-day period. Bork personally testified for more than thirty hours, outlining his legal philosophy in greater detail than had ever before been required of a Supreme Court nominee. Nor had any previous Supreme Court nominee faced the number of witnesses who testified at the Bork hearings.
Deriving their material from hundreds of in-depth interviews with those who participated in the confirmation hearings, Vieira and Gross present a firsthand account of the behind-the-scenes pressure on senators to oppose Bork. Special-interest groups, they note, attempted to control the confirmation process, with both the media and public-opinion polls playing major roles in the defeat of the nomination. Both liberal and conservative groups used the Bork debate to raise money for political war chests.
This behind-the-scenes view of the politics and personalities involved in the Bork confirmation controversy provides a framework for future debates regarding the confirmation process. To help establish that framework, Vieira and Gross examine the similarities as well as the differences between the Bork confirmation battle and other confirmation proceedings for Supreme Court nominees. They also analyze the Supreme Court nominations made after the Bork hearings, including an extensive examination of the controversial Clarence Thomas nomination.
http://rapidshare.com/files/144139734/0791418774.rar
http://www.filefactory.com/file/cff3cc/n/0791418774_rar
State, Society, and Law in Islam: Ottoman Law in Comparative Perspective
By Haim Gerber
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Publisher:State University of New York Press
Number Of Pages:233
Publication Date:1994-07
ISBN-10 / ASIN:0791418774
ISBN-13 / EAN:9780791418772
Binding:Hardcover
http://ifile.it/mypthw2/the_legal_foundations_of_free_markets.pdf
Legal Foundations of Free Markets
By Stephen Copp
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Publisher:Institute of Economic Affairs (IEA)
Number Of Pages:272
Publication Date:2009-02-01
ISBN-10 / ASIN:0255365918
ISBN-13 / EAN:9780255365918
Binding:Paperback
http://ifile.it/70ihvy9/0809314282.rar
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The Constitution, the Law, and Freedom of Expression: 1787-1987
By Warren E. Burger
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Publisher:Southern Illinois University
Number Of Pages:128
Publication Date:1988-01-01
ISBN-10 / ASIN:0809314282
ISBN-13 / EAN:9780809314287
Binding:Hardcover
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Product Description:
In recognition of the bicentennial of the Constitution of the United States, former chief justice Warren E. Burger, Justice Antonin Scalia, ACLU president Norman Dorsen, and others delivered papers at the first annual DeWitt Wallace Conference on the Liberal Arts, held at Macalester College, St. Paul.
Joining some of the best legal minds in America were novelist John Edgar Wideman, chemist Harry B. Gray, historian Mary Beth Norton, and psychiatrist and social psychologist Robert Jay Lifton.
Opening the conference and this book, former chief Justice Burger emphasizes the daring of those who drafted the Constitution. Justice Scalia, noting the great reduction in curbs to freedom of expression since World War I, points out that the proliferation of freedom has forced courts to distinguish between types of expression.
Although the views expressed in these essays differ widely, opinion concerning the major issue falls into two definite camps: Burger, Scalia, and Dorsen contend that freedom of expression depends on the legal structure for survival; Wideman, Gray, Lifton, and Norton maintain that social forces determine freedom of expression.
http://ifile.it/jd30nc2/0521820588.zip
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Public Reaction to Supreme Court Decisions
By Valerie J. Hoekstra
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Publisher:Cambridge University Press
Number Of Pages:190
Publication Date:2003-09-01
ISBN-10 / ASIN:0521820588
ISBN-13 / EAN:9780521820585
Binding:Hardcover
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Product Description:
Valerie Hoekstra examines public reaction to Supreme Court decisions in this study. Using data from survey research, she analyzes extensive media coverage, and sensitive knowledge about the cases, to reveal how people's opinions of the Supreme Court were affected by its decisions.
http://ifile.it/rxu8b1a/0521828368.zip
http://www.filefactory.com/file/8fbb98/n/0521828368_zip
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Regional Private Laws and Codification in Europe
By Hector L. MacQueen, Antoni Vaquer, Santiago Espiau Espiau
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Publisher:Cambridge University Press
Number Of Pages:334
Publication Date:2003-11-24
ISBN-10 / ASIN:0521828368
ISBN-13 / EAN:9780521828369
Binding:Hardcover
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Product Description:
Regions within EU member states such as Scotland and Catalonia have their own legal systems. How will the process of "Europeanization" affect them? This study examines the phenomenon of "regional" private law in the EU, considering jurisdictions and laws beneath those of the Member States and drawing comparisons with other jurisdictions elsewhere. This issue is considered in relationship to the development of European private law, and the use of codification. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
http://www.filefactory.com/file/2691ec/n/0521807476_zip
http://ecx.images-amazon.com/images/I/51yl7T2i6zL.jpg
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Democratic Accountability and the Use of Force in International Law
By Charlotte Ku, Harold K. Jacobson
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Publisher:Cambridge University Press
Number Of Pages:466
Publication Date:2003-02-17
ISBN-10 / ASIN:0521807476
ISBN-13 / EAN:9780521807470
Binding:Hardcover
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Product Description:
The spread of democracy to a majority of the world's states and the legitimization of the use of force by multilateral institutions such as NATO and the UN have been two key developments since World War II. In the last decade these developments have become intertwined, as multilateral forces moved from traditional peacekeeping to peace enforcement among warring parties. This book explores the experiences of nine countries (Canada, France, Germany, India, Japan, Norway, Russia, UK and US) in the deployment of armed forces under the UN and NATO, asking who has been and should be accountable to the citizens of these nations, and to the citizens of states who are the object of deployments, for the decisions made in the such military actions. The authors conclude that national-level mechanisms have been most important in assuring democratic accountability of national and international decision-makers.
http://ifile.it/odg8fq7/0521824648.zip
http://www.filefactory.com/file/0f072a/n/0521824648_zip
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Pure Economic Loss in Europe (The Common Core of European Private Law)
By Ugo Mattei, Rodolfo Sacco, Rudolf B. Schlesinger
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Publisher:Cambridge University Press
Number Of Pages:638
Publication Date:2003-08-25
ISBN-10 / ASIN:0521824648
ISBN-13 / EAN:9780521824644
Binding:Hardcover
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Product Description:
How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive study of the subject uses a fact-based comparative method and in-depth research into the laws of thirteen European countries. Many events result in pure economic loss, such as a business being idled by the cut of electricity cables. This controversial issue raises questions which affect the law of tort and contract.
http://ifile.it/oic7pmt/0521820677.zip
http://www.filefactory.com/file/1708f5/n/0521820677_zip
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The Politics of Property Rights: Political Instability, Credible Commitments, and Economic Growth in Mexico, 1876-1929 (Political Economy of Institutions and Decisions)
By Stephen Haber, Armando Razo, Noel Maurer
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Publisher:Cambridge University Press
Number Of Pages:406
Publication Date:2003-05-26
ISBN-10 / ASIN:0521820677
ISBN-13 / EAN:9780521820677
Binding:Hardcover
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Product Description:
This detailed economic history of Mexico presents a theory about how rent seeking permits economic growth and explains why political instability is not necessarily correlated with economic stagnation. It is intended for historians of Latin America, scholars interested in economic development, and political scientists interested in the political foundations of growth. Hb ISBN (2003): 0-521-82067-7
http://ifile.it/1ujpxla/0521814235.zip
http://www.filefactory.com/file/ab5d0c/n/0521814235_zip
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Transboundary Damage in International Law (Cambridge Studies in International and Comparative Law)
By Xue Hanqin
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Publisher:Cambridge University Press
Number Of Pages:400
Publication Date:2003-04-21
ISBN-10 / ASIN:0521814235
ISBN-13 / EAN:9780521814232
Binding:Hardcover
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Product Description:
The Chernobyl disaster, "Amoco Cadiz" oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another or in global common areas. This book details the international rules and compensation procedures for governmental officials, international lawyers and jurists. It covers existing laws on international liability and the underlying legal issues that require further development.
http://ifile.it/t4d2cy8/0521826829.zip
http://www.filefactory.com/file/80ffbd/n/0521826829_zip
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Beyond Comparison: Sex and Discrimination (Cambridge Studies in Philosophy and Law)
By Timothy Macklem
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Publisher:Cambridge University Press
Number Of Pages:232
Publication Date:2003-06-02
ISBN-10 / ASIN:0521534151
ISBN-13 / EAN:9780521534154
Binding:Paperback
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Product Description:
Timothy Macklem argues that the heart of discrimination lies not in unfavorable comparisons with the treatment and opportunities that men enjoy, but rather, in a denial of resources and opportunities that women need to lead successful and meaningful lives. This work promises to be a milestone in the debate about gender equality and will interest students and professionals concerned with legal theory and gender studies.
http://ifile.it/e8gtoz3/052182432x.zip
http://www.filefactory.com/file/efe974/n/052182432X_zip
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International Perspectives on Consumers' Access to Justice
By Charles E. F. Rickett, Thomas G. W. Telfer
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Publisher:Cambridge University Press
Number Of Pages:440
Publication Date:2003-04-21
ISBN-10 / ASIN:052182432X
ISBN-13 / EAN:9780521824323
Binding:Hardcover
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Product Description:
Consumer protection law in the age of globalization poses new challenges for policy makers. This book provides an international perspective on consumer law and the difficulties encountered by consumers in search of practical remedies and solutions for defective products and services. Leading scholars outline the key problems faced by legislators in different countries seeking to adapt consumer laws to the global marketplace. Topics include standard form contracts; the legal challenges posed by mass infection (such as mad-cow disease and CJD); consumers and services; consumer bankruptcy law; and cross-border transactions.
http://www.filefactory.com/file/963cf2/n/3540744975_rar
http://ecx.images-amazon.com/images/I/41iWlG3apML.jpg
Procedures in International Law
By Gernot Biehler
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Publisher:Springer
Number Of Pages:352
Publication Date:2008-10-01
ISBN-10 / ASIN:3540744975
ISBN-13 / EAN:9783540744979
Binding:Hardcover
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Product Description:
Containing a synopsis of national bases of jurisdication (one of the first of its kind) international law is presented here through litigation. Legal procedures determine what the law is. The great variety of procedures which determine international law including diplomatic means are comprehensively examined. This perspective is original and helps to explain foreign policy expediences and conflicting prescriptive rules. Written as an academic study the book is also meant to benefit those practising in the field.
http://ifile.it/ky6lnw4/0814780547.rar
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Laying Down the Law: Mysticism, Fetishism, and the American Legal Mind
By Pierre Schlag
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Publisher:NYU Press
Number Of Pages:195
Publication Date:1998-10-01
ISBN-10 / ASIN:0814780547
ISBN-13 / EAN:9780814780541
Binding:Paperback
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Product Description:
"Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking."
--Choice
"Pierre Schlag has been through the collapse of legal theory and lived to tell the tale, a tale that is burdened by as fewxxxs as possible except for the saving one of hope. He is also a great (and serious) comic."Stanley Fish, Duke University
Pierre Schlag is the great iconoclast of the American legal academy. Few professors today are so consistently original, funny, and provocative."
--Jack Balkin, Yale Law School
In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.
--Choice, May 1997
Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School
At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law.
His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.
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Notes of a Racial Caste Baby: Color Blindness and the End of Affirmative Action (Critical America Series)
By Bryan Fair
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Publisher:NYU Press
Number Of Pages:211
Publication Date:1999-01-01
ISBN-10 / ASIN:0814726526
ISBN-13 / EAN:9780814726525
Binding:Paperback
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Product Description:
The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male propertyholders: Southern planters and Northern merchants. At the heart of their deals was a clear race-conscious intent to place the interests of whites above those of blacks.
In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two histories--America's and his own- -to offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years.
Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-Civil Rights Movement era--when the law of the land was explicitly anti-black--and today's affirmative action policies--which are decidedly not anti- white. He concludes that the only just and effective way in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors.
Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste.
Table of Contents
A Note to the Reader
Acknowledgments
Preface: Telling Stories
Recasting Remedies as Diseases
Color-Blind Justice
The Design of This Book
Pt. 1. A Personal Narrative
Not White Enough
Dee
Black Columbus
Racial Poverty
Man-Child
Colored Matters
Coded Schools
Busing
Going Home
Equal Opportunity
The Character of Color
Diversity as One Factor
The Deception of Color Blindness
Pt. 2. White Privilege and Black Despair: The Origins of Racial Caste in America
The Declaration of Inferiority
Marginal Americans
Inventing American Slavery
The Road to Constitutional Caste
Losing Second-Class Citizenship
Reconstruction and Sacrifice
Separate and Unequal
The Color Line
Critiquing Color Blindness
Pt. 3. The Constitutionality of Remedial Affirmative Action
The Origins of Remedial Affirmative Action
The Court of Last Resort
The Invention of Reverse Discrimination
The Politics of Affirmative Action: Myth or Reality?
Racial Realism
Eliminating Caste
Afterword
Notes
Index
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Was Blind, But Now I See: White Race Concsiousness and the Law (Critical America)
By Barbara Flagg
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Publisher:NYU Press
Number Of Pages:264
Publication Date:1997-12-01
ISBN-10 / ASIN:0814726437
ISBN-13 / EAN:9780814726433
Binding:Hardcover
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Product Description:
"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this "transparency" phenomenon--the invisibility of whiteness to white people-- profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms.
Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity.
An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.
http://ifile.it/n8gbsrh/0814751377.rar
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White by Law: The Legal Construction of Race (Critical America Series)
By Ian Lopez
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Publisher:NYU Press
Number Of Pages:296
Publication Date:1997-08-01
ISBN-10 / ASIN:0814751377
ISBN-13 / EAN:9780814751374
Binding:Paperback
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Product Description:
”Henry Lopez has provided a piece of scholarship worthy of brining out for a curtain call on its 10th anniversary.”
—
"Whiteness pays. As White by Law shows, immigrants recognized the value of whiteness and sometimes petitioned the courts to be recognized as white. Haney Lopez argues for the centrality of law in constructing race."--Voice Literary Supplement
"White by Law's thoughtful analysis of the prerequisite cases offers support for the fundamental critical race theory tenet that race is a social construct reinforced by law. Haney Lopez has blazed a trail for those exploring the legal and social constructions of race in the United States."
--Berkeley Women's Law Journal
Lily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.
Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.
White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.
Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.
http://ifile.it/eik0u2r/0814766323.rar
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Heretics in the Temple: Americans Who Reject the Nation's Legal Faith (Critical America Series)
By David Papke
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Publisher:NYU Press
Number Of Pages:240
Publication Date:1998-07-01
ISBN-10 / ASIN:0814766323
ISBN-13 / EAN:9780814766323
Binding:Hardcover
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Product Description:
Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken.
And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.
http://ifile.it/g0z7s51/0262611252.rar
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National Information Infrastructure Initiatives: Vision and Policy Design
By Brian Kahin, Ernest J., III Wilson
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Publisher:The MIT Press
Number Of Pages:648
Publication Date:1996-12-01
ISBN-10 / ASIN:0262611252
ISBN-13 / EAN:9780262611251
Binding:Paperback
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Product Description:
Despite the global nature of the Information Revolution, most policies for information infrastructure are developed at the national level. These national policies reflect local economic, social, historical, and political circumstances and exhibit remarkable differences in vision, policy design, and implementation strategy. In general, they reflect the reality that private sector will play the leading role in developing the new infrastructure.
National Information Infrastructure Initiatives includes a dozen case studies analyzing how national-level policy initiatives address the challenge of information technology, interactive content, and new applications, as well as the "information superhighway." These contributions examine the interplay of issues in different sectors, including telecommunications, broadcasting, publishing, and information technology. The national cases are supplemented with studies of regional and international initiatives that push and pull on national policies.
http://www.filefactory.com/file/190b47/n/1593850166_zip
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Clinicians in Court: A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know
By Allan E. Barsky, Jonathan W. Gould
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Publisher:The Guilford Press
Number Of Pages:256
Publication Date:2004-01-13
ISBN-10 / ASIN:1593850166
ISBN-13 / EAN:9781593850166
Binding:Paperback
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Product Description:
Mental health and human service professionals are often called on to give evidence or expert testimony in a range of circumstances, including family law and child welfare trials, mental health hearings, malpractice lawsuits, criminal trials, government hearings, and private arbitration. Interacting with the legal system poses many potential challenges, but adequate preparation and a basic understanding of legal processes and terminology can make the experience a more positive one. This volume provides practical information and proven guidelines to help clinicians from any background understand their role in legal proceedings-and participate effectively, ethically, and with minimal stress. Special features include helpful checklists and samples of affidavits, retainer agreements, and other materials that can be adapted for use in the reader's own practice.