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Constitutional Analysis in a Nutshell, 3d
Thomas E. Baker
This authoritative text provides a framework for understanding individual liberty and governmental power and the institutional role played by the Supreme Court of the United States. Coverage in this new improved edition includes all the major topics of the subject: judicial review: commerce clause and state powers: federalism: separation of powers: congressional and executive powers: and individual civil rights and civil liberties. Includes diagrams that aid understanding of the fundamentals of our system of government. Extremely accessible and comprehensive — this is a paperback course in American Constitutional Law.
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An Integrated Approach to Defending Those with Mental Health Conditions
Eric R. Carpenter
This book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams. Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists' expertise.
This volume thus offers much-needed guidance for civilian psychologists and military counsel alike. The chapter authors are forensic psychologists and military legal personnel — including defense attorneys, prosecutors, and judges — who offer expert tips and strategies for navigating the court-martial process.
They introduce psychologists to the rules, procedures, and people involved in military trials. They also explore psychologists' many potential responsibilities, such as trial and litigation consulting, assisting with panel selection, conducting pretrial witness interviews, educating legal counsel about psychological science, administering psychological evaluations, and testifying as expert witnesses. Chapters also address ethical and legal issues related to potential role conflicts and protecting therapist–client privilege.
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Preserving the Social Enterprise’s Mission
Antony Page
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.
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Bullying in the Legal Profession
Kerri Stone
This volume embodies the twin purpose of highlighting topics beyond the purview of themes commonly associated with workplace bullying, emotional abuse and harassment and of presenting insights into those occupations, professions and sectors which either have received extensive research attention or hold a pronounced propensity to trigger workplace bullying, emotional abuse and harassment. Section 1, which comprises special topics, depicts the intersection between workplace bullying, emotional abuse and harassment and specific circumstances such as whistleblowing and customer abuse or particular attributes such as violence and ostracism. In so doing, it extends the boundaries of the substantive area, stimulating new themes for further inquiry and indicating new areas for action. Section 2 draws attention to how misbehaviour inheres in particular kinds of tasks and livelihoods due to job design, work organization and other elements such as power, external environment, employment patterns and so on. An array of occupations, professions and sectors such as academe, nursing, law, creative and cultural work, precarious work and so on is covered, reflecting emergent developments in the labour market so as to include those with long-standing and considerable research findings and those where empirical inquiries are more recent.
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Infield Fly Rule Is in Effect: The History and Strategy of Baseball's Most (In)Famous Rule
Howard Wasserman
The Infield Fly Rule is the most famous rule in baseball and perhaps all of sports. It is the most misunderstand rule in baseball and all of sports, which also makes it the most infamous rule. Drawing on legal arguments, interviews with experts, and a study of every infield-fly play in eight Major League seasons, this book tells the complete story of the Rule. The book covers the Rule's history from the 19th century to the modern game, its underlying logic and supporting arguments, recent criticisms and calls for repeal, the controversies and confusion it creates, and its effect on how the game is played.
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Big Law in Brazil: Rise and Current Challenges
Mariana Conti-Craveiro and Manuel A. Gomez
The chapter is aimed at assessing how the so-colled Big Law market has been formed in Brazil, its current features as well as possible challenges for the future. To understand the Brazilian market for Big Law, though, it is vital to consider the institutional and general market framework in which it is embedded. Thus, some assumptions shortly described below must be kept as background for the arguments discussed and/or further explained in the following sections. Some of these aspects are peculiar to Brazil, while others can be found also in different Latin American countries, as presented in the other chapters of this volume.
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The Geopolitics of Constitutionalism in Latin America
Jorge L. Esquirol
Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.
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LexisNexis Practice Guide: Florida DUI Law
H. Scott Fingerhut and Robert S. 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.
• Combines on-point coverage of the law with practical, how to insights developed through the authors' years of practice experience.
• Within each chapter, warnings, timing alerts, strategic points, and exceptions point out potential issues and help prevent practice missteps.
• Checklists highlights important considerations and procedural steps in building a case.
• The forms appendix contains dozens of sample forms for use in your DUI practice.
• Annual updating with replacement volumes ensures that all coverage remains current. -
Big Law in Venezuela: From Globalization to Revolution
Manuel A. Gomez
This chapter focuses on Venezuelan corporate lawyers during the period 1994~2014, a time in which the country experienced abrupt changes in its political orientation and economic policies. In 1989, as a response to a crisis partially credited by a failure of the model of import substitutions and national industrialization. Venezuela opened its economy to the world. allowing foreign investment. freeing export-import trade and eliminating currency exchange controls. In particular in 1994, following a policy of economic openness touted as "oil opening'' (apertura petrolera) Venezuela allowed the entry of foreign investors in the oil business- an acti-rity that had been reserved to the state since 1974--and conversely, Venezuela acquired important refineries and expanded its business presence into foreign countries. Even though the oil opening policy was short lived. it had a profound impact on the transformation of Venezuelan business law firms and the legal profession at large. Starting in the early 2000s, Venezuela's political social and economic landscape changed drastically, which affected all segments of society, including the business sector, and the lawyers that serve it.
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Corporate Lawyers and Multinational Corporations in Latin America and Spain: 1990-2015
Manuel A. Gómez and Rogelio Pérez-Perdomo
Latin American law firms resemble the so-called «Big Law" of the United States. As a result, this book uses the term “Big Law" to also refer to the Latin American firms that share those same features. The chapters that comprise this volume address the evolution and recent changes affecting the corporate legal sector providers in the selected countries, taking into account their specific social, political, and economic context.
The research presented here is drawn from a combination of interview and quantitative data, historical records, and other sources, which enabled the authors to paint a dense and contextualized sketch of the corporate legal services sector, and more generally about the legal profession of each country. This book covers the majority of countries in Latin America. It includes studies about countries ranging from the main economies like Brazil and Mexico to smaller ones like Nicaragua. This book also includes a chapter on Spain, given the strong historical, economic and political ties between Latin America and Spain, and the recent expansion of Spanish law firms into Latin America. This book pays special attention to the heightened interaction between Spanish and Latin American enterprises and their lawyers during recent times.
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First Amendment Law Freedom of Expression & Freedom of Religion, 4th ed.
Arthur D. Hellman, William D. Araiza, Thomas E. Baker, and Ashutosh Bhagwat
This book reflects a basic truth: First Amendment law is caselaw. It thus edits cases lightly, and presents them in the Court’s own doctrinal structure, in order to reinforce the student’s learning of the law as the Court actually developed it. Notes and questions provide guidance in working with the opinions. 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.
New features in the Fourth Edition include:
- A reorganized chapter order reflecting the Court’s increased focus on the content-based/content-neutral distinction;
- A new, freestanding campaign finance chapter;
- An expanded treatment of the history and values of the Religion Clauses; and
- New problems based on recent appellate cases and news stories.
It also features a detailed Teacher's Manual offering comprehensive instructional guidance including references to online resources.
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Toward Greater Synergy between Courts and Truth Commissions in Post-Conflict Contexts: Lessons from Sierra Leone
Charles C. Jalloh
Martin Luther King, Jr. once said 'the arc of the moral universe is long, but it bends toward justice.' Testing the optimism of that claim were the many fits and starts in the struggle for human rights that King helped to catalyze. The same is true of other events in the last half-century, from resistance to apartheid and genocide to equal and fair treatment in domestic criminal justice systems, to the formation of entities to prevent atrocities and to bring their perpetrators to justice. Within this display of myriad arcs may be found the many persons who helped shape this half-century of global justice-and prominent among them is William A. Schabas. His panoramic scholarship includes dozens of books and hundreds of articles, and he also has served as an influential policymaker, advocate, and mentor. This work honours William A. Schabas and his career with essays by luminary scholars and jurists from Africa, Asia, Europe, and the Americas. The essays examine contemporary, historical, cultural, and theoretical aspects of the many arcs of global justice with which Professor Schabas has engaged, in fields including public international law, human rights, transitional justice, international criminal law, and capital punishment.
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Commodity Exchanges and Regulation
Jerry W. Markham
The U.S. Commodity Futures Trading Commission (CFTC) intensively regulates commodity futures, options, and swaps pursuant to the provisions of the Commodity Exchange Act of 1936. The Securities and Exchange Commission (SEC) and federal banking agencies also have some jurisdiction over derivative financial instruments. This chapter describes the CFTC regulations, including registration requirements for designated contract markets, clearinghouses, and various swap market participants. It also describes the financial responsibility requirements imposed on futures commission merchants and safeguards for customer funds in the futures markets. Additionally, the chapter addresses prohibitions against misleading sales activities, deceptive trading practices, and price manipulations. Finally, it reviews the role of the SEC and bank regulators in regulating financial derivative contracts, particularly securities derivatives and foreign currency exchange transactions.
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Regulation of Bank Financial Service Activities, Cases and Materials
Jerry W. Markham and Lissa L. Broome
This book has been completely revised and updated, referencing Dodd-Frank and developments after Dodd-Frank. The financial crisis is extensively discussed, including excerpts from the Financial Crisis Inquiry Commission Final Report. The latest in capital requirements is also included. In addition, the book refers frequently to the June 2017 report from the Treasury responding to President Trump’s Executive Order of February 3, 2017, setting forth core principles to guide regulation of the U.S. financial system. The new edition of the book contains new sections on the structure of the banking industry (with updated charts and graphs), shadow banking, fintech, Madden v. Midland Funding, TILA-RESPA Integrated Disclosure Rule (TRID), Qualified Mortgages (QM) and Qualified Residential Mortgages (QRM), deposit advance products, alternative payment methods, the latest on bank capital, CFPB enforcement, updated comparative regulation (UK, Germany, Japan, and the EU), a consolidated section on anti-money laundering (AML), sanctions, and tax evasion (Foreign Account Tax Compliance Act, FATCA). The statutory supplement has also been updated and the statutory provisions are cross-referenced to Dodd-Frank sections which amend them.
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Spanish Courts
M C. Mirow
Professor M.C. Mirow’s lead-off essay points out that while Spain devoted considerable resources to its New World possessions, Florida almost always was considered a region of minor, albeit strategic, outposts. Thus, its system of justice never fully developed into the standard structures of Spanish colonial government. Military governors, occasionally assisted by legally trained advisors known as asesores, acted as judges. The question of whether local municipal officers—known as alcaldes—served as magistrates remains an open one. Regardless, there were numerous tribunals in Spanish Florida. Litigants and officials recognized jurisdictional divisions and utilized distinct procedures for different kinds of cases, and criminal and civil matters were handled in ways consistent with Florida’s membership in the colonial Spanish world. In their administration of Florida, Spanish officials generated numerous documents. As Mirow notes, many of these have yet to be explored and remain waiting for researchers in archives in Cuba and Spain (and, increasingly, on the web).
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Juan Solórzano Pereira
M. C. Mirow
This biography of the seventeenth-century jurist Juan Solórzano Pereira analyzes his major writings with particular focus on his justifications of Spanish activity in the Americas. The study addresses his views of papal authority, indigenous peoples, and Spanish rule through his use of Roman Catholic sources and doctrine.
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Spanish Law and its Expansion
M. C. Mirow
This chapter provides an overview of the legal aspects of Spain's enterprise in the Americas. It addresses the uses of law in discovery, exploration and conquest; Castilian law before its expansion to new territories; the use of law to justify conquest; slavery and indigenous labour; institutions; sources of law; legal actors; and Spanish law after independence. It also presents some of the present debates surrounding the nature and construction of derecho indiano.
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Big Law in Central America and the Dominican Republic: Growth Strategies in Small Economies
Carlos Taboada and Manuel A. Gomez
Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua once formed a single Spanish colony and did not become independent until the nineteenth century, when Panama and the Dominican Republic also became independent. Since then, each of these countries have taken their own path, developed their own legal systems and confronted their own economic, political and social realities. Interestingly, in the eyes of many multinational corporations, these countries still form a somewhat homogeneous sub-region.
Treating these relatively small economics as a single sub-region within Latin America allows multinationals to take advantage of economics of scale. In any case, the geographical proximity, common language and regulatory proximity between these countries seem to justify the unitary approach. Except for the Dominican Republic, which is part of an island, the rest are all neighboring countries ( Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica and Panama) sharing at least one border with another. The official language in each of these countries is Spanish, and their legal systems are rooted in the civil law tradition, which they inherited from Spain.
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Copyright Class Struggle: Creative Economies in a Social Media Age
Hannibal Travis
Earning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age.
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Exile or Extinction: the Assyrian Genocide from 1915 to 2015
Hannibal Travis
For a brief period, the attention of the international community has focused once again on the plight of religious minorities in Iraq, Syria, and Turkey. In particular, the abductions and massacres of Yezidis and Assyrians in the Sinjar, Mosul, Nineveh Plains, Baghdad, and Hasakah regions in 2007–2015 raised questions about the prevention of genocide. This book, while principally analyzing the Assyrian genocide of 1914–1925 and its implications for the culture and politics of the region, also raises broader questions concerning the future of religious diversity in the Middle East. It gathers and analyzes the findings of a broad spectrum of historical and scholarly works on Christian identities in the Middle East, genocide studies, international law, and the politics of the late Ottoman Empire, as well as the politics of the Ottomans' British and Russian rivals for power in western Asia and the eastern Mediterranean basin.
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Introduction : The Assyrian Genocide Across History: Collective Memory, Legal Theory, and Power Politics
Hannibal Travis
For a brief period, the attention of the international community has focused once again on the plight of religious minorities in Iraq, Syria, and Turkey. In particular, the abductions and massacres of Yezidis and Assyrians in the Sinjar, Mosul, Nineveh Plains, Baghdad, and Hasakah regions in 2007–2015 raised questions about the prevention of genocide. This book, while principally analyzing the Assyrian genocide of 1914–1925 and its implications for the culture and politics of the region, also raises broader questions concerning the future of religious diversity in the Middle East. It gathers and analyzes the findings of a broad spectrum of historical and scholarly works on Christian identities in the Middle East, genocide studies, international law, and the politics of the late Ottoman Empire, as well as the politics of the Ottomans' British and Russian rivals for power in western Asia and the eastern Mediterranean basin.
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Understanding Civil Rights Litigation
Howard Wasserman
This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material.
The new edition:
- Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivenscauses of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies.
- Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief.
- Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues.
- Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation.
- All topics and sub-topics include “Puzzles,” short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.
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Patriarchy, Not Hierarchy: Rethinking the Effect of Cultural Attitudes in Acquaintance Rape Cases
Eric R. Carpenter
Do certain people view acquaintance rape cases in ways that favor the man? The answer to that question is important. If certain people do, and those people form a disproportionately large percentage of the people in the institutions that process these cases, then those institutions may process these cases in ways that favor the man. In 2010, Dan Kahan published Culture, Cognition, and Consent, a study on how people evaluate a dorm room rape scenario. He found that those who endorsed a stratified, hierarchical social order were more likely to find that the man should not be found guilty of rape. If Kahan is right, radical change may be necessary. The institutions responsible for handling sexual assault complaints – law enforcement communities, the military, and university and college administrations – are stratified and hierarchical, and are likely over-populated by people who are attracted to hierarchical institutions and who hold hierarchical world views. These institutions may need to be overhauled – or even replaced. However, the study has a serious methodological flaw: it uses the Hierarchy-Egalitarianism Scale to measure those hierarchical world views, and as this article demonstrates, this scale has reliability and validity issues. This article then applies a different methodology to the underlying data and shows that patriarchy, not hierarchy, explains the differences in guilt perceptions. This more accurate understanding of Kahan’s data carries important policy implications. Rather than radical change, targeted training that addresses inaccurate rape beliefs may be enough to ensure accurate processing of these cases.
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From Bandung 1955 to Bangladesh 1971: Postcolonial Self- Determination and Third World Failures in South Asia
Cyra Akila Choudhury
This chapter examines the birth of a Third World and its fantasy of a different world order reflected in the Bandung principles through the lens of the independence struggle of Bangladesh. The chapter argues that the internal social, political and legal subordination of the Bengali majority population within Pakistan inevitably led to the breach of the principles by two of the most significant players at Bandung. The movement and principles were at odds with human rights obligations and toothless in the face of a humanitarian crisis. As this chapter will argue, the Bangladesh conflict of 1971 showed that contrary to Bandung’s assumption, the Third World state was not its people, and that state was not able to withstand the pressures of Cold War geopolitics or guarantee justice to its own people. The dominant responses to intrastate human rights abuses in the wake of the failure of Bandung and the limited success of NAM are all too familiar — military intervention under the color of humanitarian law to cope with the problem of internal conflict or non-interference and the acceptance of the killing of large numbers of civilians.
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National and Transnational Security Regimes: South Asia
Cyra Akila Choudhury
With the rise of the Global War on Terror (GWoT) and the radicalization of Muslim communities, there has been an increase in surveillance, detentions, torture, militarization, and security technologies, tied to controlling political dissent, “terrorism,” and immigration. For many Muslims, men and women, ordinary activities (e.g. religious gatherings, religious speech and debate, and travel for work or pleasure) have become laden with the possibility of misconstruction, leading to serious criminal consequences. For the most part, reports of GWoT regulation have focused on Muslim men, who are the most likely to be targeted as terrorists. Increasingly, though, women in various Muslim-majority countries and the West are also participating in terrorism and are consequently also targeted. But in South Asia, the more serious gendered effects of national and transnational security regimes are a consequence not of participation in terrorism but rather of women’s families and communities. In other words, women are far more likely to be caught up in the GWoT and the regulation of the security state through their relationships and membership in Muslim communities. Muslim women have become political prisoners for resisting the GWoT; they have lost male support and become single mothers because of detention of their menfolk; and they have become organizers working to counter the suppression of political and human rights to resist the encroachments of the security state.