H. Scott Fingerhut
The LexisNexis Practice Guide: Florida Criminal Practice and Procedure gives you step-by-step guidance on the many procedural issues and topics relevant to Florida criminal practice and quickly points you to LexisNexis resources that help you build your case. With its concise writing style, streamlined chapter format, abundance of checklists and forms, multitude of references to leading and related cases, cross references to relevant analytical content, and extensive and authoritative guidance from a consultative board of experienced Florida practitioners and judges, you'll find more of everything that makes a practice guide valuable and easy for you to use.
Lui Hebron and John F. Stack Jr.
Now in a fully revised and updated edition, this balanced and clearly written text explores globalization and its impact from economic, political, social, environmental, and cultural perspectives. Providing a framework and platform for student learning, the book gives readers the tools to unravel the complexities of globalization in all its facets. Lui Hebron and John Stack note that as a hot-button term, globalization is used to describe any number of changes within, among, and between societies and states. Their goal is to reduce the noise engulfing debates and interpretations of one of the most dynamic, contested, applauded, and disparaged phenomena of the twenty-first century. Arguing that current assessments—both positive and negative—of globalization are overblown, the authors treat the dramatically changing landscapes of world politics as less a revolution than an evolution of already established structures and patterns of transnational relations. They trace how globalization has affected individuals, societies, states, and intergovernmental and supranational organizations. Making sense of a world seemingly smaller and incomprehensibly larger, simultaneously centralizing and fragmenting, Globalization: Debunking the Myths offers both an indispensable introduction for undergraduates and a concise review for more advanced students.
Jerry W. Markham, José Gabilondo, and Thomas Lee Hazen
This casebook comprehensively surveys the legal and business issues raised by how business entities manage their capital structure. To prepare students to represent corporate issuers, institutional investors, and regulators, the casebook blends state law, federal securities regulation, accounting standards, professional responsibility norms, financial concepts, and business strategy into a practical deal perspective that emphasizes the client’s funding objectives. Coverage starts with the corporate issuer’s short-term liquidity, moves to notes, bonds, and mezzanine finance, and then continues down the balance sheet into equity, first common stock, then preferred, and, finally, judicial valuation of net worth. The casebook puts these issues in the context of federal regulation of securities, futures, and financial derivatives markets.
Linda E. Carter, Mark S. Ellis, and Charles Chernor Jalloh
International tribunals need to interface effectively with national jurisdictions, which includes coordination with domestic judicial prosecutions as well as an appreciation for other non-judicial types of transitional justice. In this book, the authors analyze the earlier international tribunals established since the 1990s and the parallel national proceedings for each. In examining the ways in which the ICC can best coordinate with national processes this book considers the ICC’s present interactions with national jurisdictions and the statutory framework of the Rome Statute for interface with national jurisdictions.
Jorge L. Esquirol
A Coleção Teoria e História do Direito, coordenada por Ronaldo Porto Macedo Junior e José Reinaldo de Lima Lopes, oferece ao leitor brasileiro alguns dos mais recentes e relevantes textos, nacionais e estrangeiros, da teoria e da história do pensamento jurídico. Considerando o caráter institucional do direito, a integração entre teoria e história ajuda a entender de maneira mais completa o que fazem e como pensam os juristas. Esta coletânea reúne ensaios do autor sobre direito comparado latino-americano. Neles o autor discute e critica duas ficções hegemônicas sobre o Direito na America Latina: a de que seria uma mera copia do Direito europeu e de que seria um Direito fracassado, sempre incapaz de atingir os níveis de excelência formal e de desempenho alcançados nos países do capitalismo central. Ao desafiar estas ficções Esquirol oferece ao leitor um inspirado e rigoroso texto que servirá de grande estimulo aos interessados em Direito Comparado, Historia do Direito, Direito Internacional e Direito e Desenvolvimento.
H. Scott Fingerhut and Robert Reiff
With its easy-to-navigate table of contents, concise on-point writing, and abundant practical features, LexisNexis Practice Guide: Florida DUI Law provides an excellent source to help attorneys find answers to their questions about Florida DUI practice. • Appendix of forms contains dozens of sample forms attorneys can readily adapt for use in their practice. • Warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps. • Checklists help ensure attorneys don't overlook important considerations or procedural steps in building a case. • Coauthor is well-known as expert in Florida DUI law. Practice guide combines on-point coverage of the law with practical, "how to" insights developed through author's years of practice experience. • Annual updating with replacement volumes ensures that all coverage remains current. Coauthor Robert S. Reiff has more than 30 years of experience representing clients accused of DUI and other criminal offenses. He was the only DUI/DWI lawyer named by "Best Lawyers in Florida" for 2016 and was among just six attorneys selected as Super Lawyers in the Criminal Defense: DUI/DWI section for 2016.
Winning Arguments: What Works and Doesn’t Work in Politics, the Bedroom, the Courtroom and the Classroom
Stanley Eugene Fish
A lively and accessible guide to understanding rhetoric by the world class English and Law professor and bestselling author of How to Write a Sentence. Filled with the wit and observational prowess that shaped Stanley Fish’s acclaimed bestseller How to Write a Sentence, Winning Arguments guides readers through the “greatest hits” of rhetoric. In this clever and engaging guide, Fish offers insight and outlines the crucial keys you need to win any debate, anywhere, anytime—drawn from landmark legal cases, politics, his own career, and even popular film and television. A celebration of clashing minds and viewpoints, Winning Arguments is sure to become a classic.
Focusing primarily on the banking system in the United States, this book offers an innovative framework that integrates a depository bank’s liquidity and its capital adequacy into a unified notion of funding that helps to explain how the 2007–2008 crisis unfolded, why central banks succeeded in resolving the crisis, and how the conceptual legacy of the crisis and its resolution led to lasting changes in bank funding regulation, including new objective requirements for bank liquidity. To provide a comparative context, the book also examines the funding models of non-bank intermediaries like dealer banks and insurers.
Thomas Lee Hazen, Jerry W. Markham, and John F. Coyle
In addition to the law of corporations, the casebook explores the law of partnerships and the law of limited liability companies. It contains specialized treatment of fiduciary duties and closely-held corporations. It addresses the federal securities laws, Sarbanes-Oxley, SEC proxy rules, and insider trading. The casebook also discusses mergers and acquisitions, corporate finance, and the role of corporate lawyers in effectuating business transactions. Suitable for use in basic as well as advanced courses.
The Rights of the Accused under the Sixth Amendment: Trials, Presentation of Evidence, and Confrontation, Second Edition
Paul Marcus, David K. Duncan, Tommy Miller, and Joëlle Anne Moreno
The Rights of the Accused under the Sixth Amendment, 2nd Edition examines the wide range of criminal justice topics that fall within the scope of the Sixth Amendment. This resource offers fascinating historical perspective, modern interpretations, and insight on this critical component of the U.S. Constitution.
Elena Marty-Nelson; Eloisa Rodriguez-Dod; Gail Levin Richmond; and Donna Litman, et al.
To encourage students to view wills, trusts, and estates issues from the standpoint of both planners and litigators, the authors include numerous questions that require students to think about ways to draft or plan to avoid litigation, while accomplishing clients’ goals. While the book is intended for the basic wills and trusts course, it may also be used in advanced trusts and estates courses, as it includes chapters on estate planning, powers of appointment, advanced directives, and probate. The rules governing wills and trusts continue to be state-law-driven. The authors’ philosophy is that students gain critical insights into complex issues by studying the laws of one jurisdiction as a whole. Florida law is a perfect platform for this endeavor because it has extensive probate and trust codes and significant case decisions addressing current and cutting-edge issues.
Victor M. Uribe-Uran
For historians, spousal murders are significant for what they reveal about social and family history, in particular the hidden history of day-to-day gender relations, conflicts, crimes, and punishments. Fatal Love examines this phenomenon in the late colonial Spanish Atlantic, focusing on incidents occurring in New Spain (colonial Mexico), New Granada (colonial Colombia), and Spain from the 1740s to the 1820s. In the more than 200 cases consulted, it considers not only the social features of the murders, but also the legal discourses and judicial practices guiding the historical treatment of spousal murders, helping us understand the historical intersection of domestic violence, private and state/church patriarchy, and the law.
Tawia Baidoe Ansah
In a brief article critical of the Kigali Genocide Memorial Center, Amy Sodaro cites to James E. Young, an expert on memorials, for the following proposition:
Once we assign monumental form to memory, we have to some degree divested ourselves of the obligation to remember. In shouldering the memory-work, monuments may relieve viewers of their memory burden.1
Sodaro then notes, ‘In Rwanda, this could be even more apt’. She goes on to describe the extent to which the Kigali Memorial ‘not only bear[s] the burden of memory of the genocide, it sets it aside as a distinct event with a beginning, middle, and end. This takes the urgency and connection out of what is happening in the region and shatters the connection between past and future’.2
In this chapter I review the genocide museum memorial in Kigali with the issues raised by Sodaro in mind. In particular, the question whether, or how, memorial ‘takes the connection and urgency out of what is happening now’, implicates the efficacy of monumental memorials to events such as genocide. Implicitly, the alternative to memorializing an event within a monumental form would be memorial work represented as porous and perspectival, its form – rather than its effects – more diffused and labile. The question then would be whether or to what extent such amorphous memorialization would engender the connection that is allegedly severed by monumental memorial, the implication being that the work of memory would be undertaken as a process rather than an end product, the ‘monument’. There are risks in either form of memorial: on the one hand, monumental memorial may be ‘assigned’ the burden of memory to the detriment of memory work, the denial of which may risk a resurgence of the violence that led to and characterized the traumatic events. On the other hand, a more nuanced or ambivalent rather than univocal/monumental memorializing effort may risk reliving the trauma and trapping one within an unremitting past. This chapter examines the Kigali museum memorial as an example of the monumental form of memorializing events such as genocide. I review how this memorial came to be, its particular narrative project, and how it navigates the risks inherent to the form. As both a cultural artifact and a political statement, I compare it to other artistic monumental memorials in different modes. Specifically, I’m interested in the ways that monumental memorial has the capacity to critique its own univocality. That is, despite the closed universe ostensibly projected, leading to the conclusions and critiques offered by Sodaro and Young, monumental memorials may nevertheless open up spaces for counter-memorial disruptions. In the case of the Kigali memorial, I posit that such a space is created or implied by the ‘open grave’ motif within the museum grounds, an artifact both integral to the whole exhibit – as it references aspects internal to the museum displays as well as the actual sites of massacre around the country – yet peripheral to it, as it sits outside the museum memorial proper and its construction of events. Part I describes the Kigali Center’s memorial, particularly the open gravesite on its grounds. Using literary and cultural examples, I reflect upon the open grave concept in relation to memorials. Part II considers the open grave concept in relation to monumental art, using the work of French classical painter Nicolas Poussin as an example. I conclude that the burden or the work of memory may inhere within the critical but dislocated, abstracted moments within what is represented as the official narrative, monumental artifact, or authoritative memorial to historical events.
1 YOUNG, JAMES E., 1993. The Texture of Memory: Holocaust Memorials and Meaning. New Haven: Yale University Press (citation omitted), in AMY SODARO, “Remembering for the Future? Genocide Remembrance at the Kigali Memorial Center,” available online at http://www.irmgard-coninx-stiftung.de/fileadmin/user_upload/pdf/Memory_Politics/Workshop_1/Sodaro_Essay.pdf, at 7.
2 SODARO, op. cit. 2, at 7-8.
The Bluebook Uncovered : A Practical Guide to Mastering Legal Citation : (Twentieth Edition of the Bluebook)
Dionne E. Anthon
"This book is designed to help first-year law students master the fundamental Bluebook citation rules that will be needed in legal research and writing courses (LRW) and in legal practice. It can also act as a Bluebook refresher for other law students, clerks, attorneys, judges, and paralegals"--P. xi.
Stanley E. Fish
From 1995 to 2013, Stanley Fish's provocative New York Times columns consistently generated passionate discussion and debate. In Think Again, he has assembled almost one hundred of his best columns into a thematically arranged collection with a substantial new introduction that explains his intention in writing these pieces and offers an analysis of why they provoked so much reaction. Some readers reported being frustrated when they couldn't figure out where Fish, one of America's most influential thinkers, stood on the controversies he addressed in the essays--from atheism and affirmative action to plagiarism and postmodernism. But, as Fish says, that is the point. Opinions are cheap; you can get them anywhere. Instead of offering just another set of them, Fish analyzes and dissects the arguments put forth by different sides--in debates over free speech, identity politics, the gun lobby, and other hot-button topics--in order to explain how their arguments work or don't work. In short, these are essays that teach you not what to think but how to think more clearly. Brief and accessible yet challenging, these essays provide all the hard-edged intellectual, cultural, and political analysis one expects from Fish. At the same time, the collection includes a number of revealing and even poignant autobiographical essays in which, as Fish says, "readers will learn about my anxieties, my aspirations, my eccentricities, my foibles, my father, and my obsessions--Frank Sinatra, Ted Williams, basketball, and Jews." Reflecting the wide-ranging interests of one of today's leading critics, this is Fish's broadest and most engaging book to date.
Manuel A. Gómez and Rogelio Pérez Perdomo
M. C. Mirow
Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.
Jorge L. Esquirol
Reseña escrita por el Profesor Diego Lopez Medina sobre el libro "Las ficciones del derecho latinoamericano" escrito por Jorge L. Esquirol: Como descubrirá el lector a lo largo del ibro, las ficciones que describe el profesor Esquirol son fundamentalmente dos. En primer lugar, que el derecho latinoamericano es concebido como una mera proyección del europeo y, en segundo lugar, que el derecho latinoamericano, no importa cuánto lo intente, continúa siendo un esfuerzo social fallido porque casi nunca cumple adecuadamente con las funciones básicas del derecho que sí se satisfacen en sociedades "bien ordenadas". La primera de estas ficciones proviene de la construcción del derecho comparado clásico en la primera mitad del Siglo XX; la segunda, es propia del derecho y de las políticas públicas comparadas de los últimos 50 años. Ambas mantienen indudable vigencia y el propósito de Esquirol, en estas páginas, es diseccionarlas vivas para ver si logramos comprender su funcionamiento y neutralizar su poder. Para lograr dichos objetivos, este libro resulta ser un aporte esencial dentro de las ciencias jurídicas de la actualidad: la lectura de la obra de Esquirol es imprescindible para entender la posición estructural de Latinoamérica en el Derecho y las políticas comparadas contemporáneas y nos ofrece un camino para repensarnos en el mapa global del derecho y para superar ideas que han dominado por tanto tiempo.
Ronald H. Filler and Jerry W. Markham
As a result of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act of 2010, derivatives regulation has become a hot topic on Wall Street and is, therefore, of much interest to law firms with financial institutions as clients. An increasing number of classes on this subject are being taught at law schools around the country, but, to date, there has been no casebook on the subject. This casebook explores the regulation of swaps, futures and options by the Commodity Futures Trading Commission and the Securities and Exchange Commission. It examines the regulatory history of derivative instruments and traces the development of modern market structures while addressing the role of the exchanges, the clearinghouses, and market participants, such as futures commission merchants, swap dealers, and hedge funds that act as commodity pool operators. Structured in a traditional format, this casebook uses cases to teach students important points of law and industry practices needed to understand the role played by derivative instruments in modern finance. The cases are accompanied by commentary from the authors expanding on the points raised in the cases.
Analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does it authorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution?
The rise of risk-based regulatory capital: liquidity and solvency standards for financial intermediaries
In a capitalist economy, a private firm seeking finance must negotiate with prospective investors in the open market, which establishes standards about the terms on which debt and equity investment will be forthcoming. In addition to these market-financing standards, the capital structure of some financial firms—particularly broker-dealers, federally insured depository institutions, and insurance companies—must satisfy other requirements imposed by federal or state regulators to promote liquidity and solvency. Regulators take a heightened interest in these firms because they serve a public function in providing credit and other financial services. To grasp what regulatory capital rules try to accomplish, the reader must make a conceptual shift to see these financial firms as highly leveraged borrowers, contending with the demands of their own creditors. From this perspective, the financial stability of these firms becomes a matter of public concern. The first section explains regulatory capital as a corporate finance issue about how capital structure can protect creditors—especially unsecured ones – from unexpected financial losses. The rest of the chapter examines the major features of the regulatory capital regimes that apply to financial intermediaries. The second section starts with depository institutions, i.e., banks. These standards have become the locus of policy debates about risk-based capital. The third section discusses the regulatory capital rules that apply to broker-dealers registered with the U.S. Securities and Exchange Commission (“SEC”).1 Broker-dealers have long been subject to net capital rules that promote the firm’s liquidity in order to promote orderly self-liquidation. More recently, large broker-dealers have been allowed to adopt a risk-based method—akin to that used in bank capital—for meeting their net capital requirements. The fourth section considers insurance companies, which adhere to risk-based capital standards imposed by state law. The fifth section warns that large, complex financial organizations may find themselves inadvertently subject to bank-style capital rules if deemed “systemically important” by the newly created Financial Stability Oversight Council (“FSOC”).
Manuel A. Gomez
Media depictions of Burning Man focus on the picturesque and eccentric appearance of the weeklong affair. The event is sometimes misportrayed as a lawless environment where participants are encouraged to engage in rowdy behavior. Most carnivalesque events offer an escape from reality and are generally thought to enable unruly conduct. Despite stereotypes, Burning Man is a different beast. Not only is the crime rate in Black Rock City lower than any other city of comparable size, but Burners show a high level of cooperative and law abiding behavior that helps maintain the social order without depending on official means of external social control. Looking at the interplay between the Black Rock Rangers, law enforcement agencies and participants themselves helps clarify how this works.
"Helping lost souls to find their way home": the Black Rock Rangers.
Arthur D. Hellman, William D. Araiza, and Thomas E. Baker
This casebook rests on a straightforward premise: The First Amendment can be viewed as history, as policy, and as theory, but from a lawyer's perspective, it is above all law-albeit a special kind of law. One thing that is special is that the governing texts have receded into the background. The law is the cases, and the cases are the law. Close analysis of precedent is therefore the principal tool of argumentation and adjudication. The purpose of this casebook is to help students to learn the law in a way that will enable them to use it in the service of clients. Several features of the book promote this goal. The cases are edited with a relatively light hand. Notes and questions provide guidance in working with the opinions. The structure of the book-closely tracking the structure that the Supreme Court has imposed-helps to reinforce learning. Non-case materials (including drafts and memoranda from the Justices' private papers) are used to shed light on what was established by existing precedents and how a new decision changes (or does not change) the law. By giving primacy to the Justice' won words and the Court's own doctrinal structure, the book offers maximum flexibility for teachers to place their own imprint on the course.
Jerry W. Markham
Price manipulation techniques are intentionally difficult to understand, detect, and prove, and the rise of high-frequency trading has further complicated the task. This book maps the issues and traces the U.S. government's efforts to properly regulate, monitor, and prevent financial speculation and price manipulation in various markets. The coverage begins with the period from the late nineteenth century to the first congressional efforts at regulation in the 1930s and continues on to the present, with a full chapter on the legal and financial aspects of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. All the U.S. financial institutions involved with such regulation--the most prominent of which are the Securities and Exchange Commission created in 1934 and the Commodity Futures Trading Commission created in 1974--are discussed here in detail. Also covered are major financial imbroglios such as the Enron scandal and the ill-timed speculation in natural gas prices that brought down the Amaranth Advisors hedge fund. The last chapter discusses the difficulty of initiating successful prosecutions of financial fraud and price manipulation and proposes a new approach to preventing manipulative practices.
Ryan B. Stoa
With the current body of international water law limited to customary principles and nascent treaty instruments, the potential for major transboundary water resources conflict is high. Nowhere is this more apparent than in the Nile River Basin. At about 6,825 km long, the Nile is the longest river in the world, sustaining the livelihoods of more than 180 million people in 11 riparian countries. And yet, the Nile River continues to flow without a binding cooperative management treaty or agreement. While the Nile Basin Cooperative Framework Agreement (CFA) may soon come into force, it lacks the support and participation of two of the largest players in the region, downstream Egypt and Sudan. Meanwhile, basin countries’ interpretations of customary international water law highlight the inherent and predictable difficulties of reconciling the principles of equitable use and no significant harm. Considering the Nile River Basin’s critical importance to the economic development of basin states, the absence of a binding cooperative management agreement places the Nile River Basin at risk of conflict and continued mismanagement. This chapter analyzes the legal status of Nile River Basin water allocations through the lens of contemporary international water law, a developing body of law struggling to resolve transboundary disputes such as those found in the Nile River Basin.