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Trembling in the Ivory Tower: Excesses in the Pursuit of Truth and Tenure
Kenneth Lasson
In this gem of a book, scholar and wit Kenneth Lasson takes on all manner of excesses in the Ivory Tower which, from his insider's viewpoint, constitute little less than a full-scale assault on American values and mores. The ideological warfare is being waged by a slew of vociferous academicians whose predominance is manifested by stifling academic bureaucracies, radical feminist and deconstructionist faculties, and overbearing speech and conduct codes—all in invidious pursuit of narrow but pervasive political agendas. Trembling in the Ivory Tower ponders the questions many of us should be asking, and supplies the answers we should be demanding: Why have universities apparently abandoned the concept of vigorous debate in an open marketplace of ideas? Why are senior professors increasingly being charged with creating "hostile environments," despite emerging victorious whenever they challenge their arbitrary punishments in court? In an age of easy catch phrases, media hype, and watered-down scholarship, Trembling in the Ivory Tower is a welcome breath of fresh air that pays homage to original, not merely popular, thought.
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Maryland Rules Commentary, Third Edition
Paul V. Niemeyer, Linda M. Schuett, John A. Lynch Jr., and Richard W. Bourne
Maryland Rules Commentary is the only annotated collection of the Maryland circuit court rules by the framers who actually drafted and amended them. Expert commentary and legal analysis, historical notes, cross-references to associated rules, and relevant citations to legal authority help you navigate through Maryland 's complex civil court system. Each of our careers continues to provide relevant experience, enabling us to contribute, in differing ways and varying degrees, to the explanation of the Maryland Rules and their application. Linda Schuett, as Vice Chairperson of the Maryland Court of Appeals Standing Committee on Rules of Practice and Procedure, continues to have the most directly relevant insight. In her "off-time," she serves as County Attorney for Anne Arundel County. Paul Niemeyer continues as a United States Circuit Judge sitting on the Fourth Circuit. And John Lynch and Richard Bourne each teach civil procedure and related subjects at the University of Baltimore Law School.
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Republican Legal Theory: The History, Constitution and Purposes of Law in a Free State
Mortimer N.S. Sellers
Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
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Government Contract Law, Second Edition
Charles Tiefer and William A. Shook
The rapid developments in government contract law of the late 1990s and early 2000s have necessitated a new edition of this casebook, which offers the first contemporary one-volume casebook for a Government Contracts course. All chapters have been updated with new cases and notes, and two entirely new chapters have been added to ensure that the book's coverage is complete. The casebook makes government contract law accessible to readers of all backgrounds, from second-year law students who have taken only basic contract law, to commercial lawyers and non-lawyer government contract professionals seeking a broad, legally-focused introduction to the field. While all the traditional areas of interest receive coverage, the book emphasizes cases from increasingly important areas such as high technology, health care, commercial products, and state needs. Tiefer and Shook bring academic and practitioner experience and expertise to their treatment of government contract law.
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Political Numeracy: Mathematical Perspectives on Our Chaotic Constitution
Michael I. Meyerson
From the impossibility of a perfectly democratic vote to the creation of a model that clarifies affirmative action debates, Michael Meyerson uses mathematics to open a fresh window onto American public life. In accessible terms, this text applies concepts of infinity to the abortion debate; provides an arithmetical justification of the Electoral College; uses topology to understand the shape of American government and Godel's incompleteness theorem to shed light on metaconstitutional problems. The text discusses how mathematics is not about reducing life to numbers and black-and-white solutions but instead offers a mind-expanding perspective on the complexities of the world.
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To an Unknown God: Religious Freedom on Trial
Garrett Epps
Told with the grace of a novel, To an Unknown God: Religious Freedom on Trial is a modern legal epic chronicling the six-year duel between two remarkable men with very different visions of religious freedom and of America.
Neither man sought the conflict that would erupt into one of the most provocative and influential Supreme Court decisions. Al Smith, a nationally known counselor to Native people suffering from alcohol and drug abuse, wanted only to earn a living. Dave Frohnmayer, the Harvard-trained Attorney General of Oregon, was planning his campaign for governor and tending to his three desperately ill daughters. But a series of miscalculations transformed a routine unemployment dispute into a constitutional confrontation.
Before it was over, Frohnmayer and Smith would twice ask the United States Supreme Court to decide whether the First Amendment protects the right of Native Americans and others to seek God with the use of peyote, a form of worship some scholars believe to be more than ten thousand years old. And the Court would finally answer no; it would say, for the first time in the history of the Constitution, that the Bill of Rights provided no protection for obscure and minority religions if the legislature chose not to recognize their needs.
The Court's decision produced a fierce backlash from religious leaders and ordinary citizens, culminating in the Religious Freedom Restoration Act (1993), one of the most sweeping civil-rights statutes of the past thirty years. Now that the Court has invalidated the Act, some say it will lead to a constitutional amendment and a radical change in the American law of church and state.
In the tradition of A Civil Action and Gideon's Trumpet, Garrett Epps tracks the case from the humblest hearing room to the Supreme Court Chamber, skillfully building the suspense and tension that are so much a part of litigating a great case. Expertly weaving together a fascinating legal narrative with dramatic personal stories, To an Unknown God is a riveting look at how justice works-- and doesn't work-- in America today.
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Trying the Case
Steven P. Grossman
The book is intended for:
• Attorneys who have never tried a case;
• Attorneys who have tried relatively few cases;
• and More experienced trial lawyers who would like to be more systematic in their presentation of cases or to be exposed to different approaches to trial practice.The book covers:
• Opening Statements: Establishing the theme; How to strike the right emotional chord; Capturing the interest of the jury at the outset; Describing the applicable law; and Ending on the right note.
• Witness Preparation: Having the witness review her previous statements; Identifying problems; and Preparing the witness for cross examination.
• Direct Examination: Examination of expert and non-expert witnesses; and Dealing with potential problems in the testimony.
• Cross Examination: How to prepare and organize the testimony; How to frame questions and treat the witness appropriately; and Dealing with prior inconsistent statements.
• Exhibits: How to get an exhibit into evidence; Chain of custody; Limiting admissibility; Challenging the admissibility of exhibits.
• Objections: When and how to object; and Tactical considerations.
• Expert Witnesses: Whether to challenge an expert's qualifications; and Techniques for cross examining expert witnesses.
• Closing Argument: Completing the process of having the jury adopt your theme; Dealing with factual discrepancies; Organizing and discussing both sides of the case; Style and delivery; and Commonly asked questions. -
Advertising Law in Europe and North America, Second Edition
James Maxeiner and Peter Schotthöfer
Globalization means increasing integration of national markets. Political developments, such as the single European currency, and technological developments, such as the Internet, are making borders less and less relevant to marketers who are becoming as interested in selling to customers outside their own countries as within.
While the horizon of marketers has broadened, the laws governing marketing and advertising remain largely local. The purpose of Advertising Law in Europe and North America is to alert marketers to differences in those laws and to help them plan their marketing campaigns accordingly.
This book meets the practical needs of advertisers engaged in multi-national marketing. It seeks to provide lawyers and laypersons alike with orientation in the laws governing advertising in 20 jurisdictions:
- the Member States of the European Union (EU)
- the EU itself
- Switzerland
- Norway
- the Member States of the North American Free Trade Area (Canada, Mexico, and the United States)
Each of the country chapters is written by an expert practitioner from that jurisdiction.
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The Sacred Fire of Liberty: Republicanism, Liberalism and the Law
Mortimer N.S. Sellers
This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
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Death in the Dark: Midnight Executions in America
John Bessler
This provocative book provides a comprehensive history of executions in the United States from colonial days to the present. Framing his analysis within the context of the politics of capital punishment and the role of the media in the death penalty debate, John D. Bessler begins by examining the transition from crowded public hangings in town squares to private executions behind prison walls. He then explores the origins and legislative rationales that led to statutory provisions mandating private, nighttime executions.
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Chesapeake Waters: Four Centuries of Controversy, Concern and Legislation (Second Edition)
Steven A.G. Davison, Jay G. Merwin Jr., John Capper, Garrett Power, and Frank R. Shivers Jr.
Although media reports suggest that there always has been public concern over the health of the Chesapeake Bay, this is a fairly recent phenomenon. For centuries people saw the bay as a bottomless sink for waste products—a natural decomposer with the ability to freshen itself with ocean inflows. Not until human health and livelihood seemed threatened did people begin to think seriously about management by such methods as treating sewage and limiting seafood harvests. Chesapeake Waters chronicles four centuries of public attitudes about the bay—and legislative responses to them—from 1607, the date of the first English settlement in Jamestown, Virginia, to the close of the twentieth century. In the last few decades, wide-reaching measures by federal and local governments have influenced how people use the bay: the U.S. Environmental Protection Agency completed a massive study of bay quality; the Chesapeake Bay Program was launched; the Critical Area Protection Act went into effect. The authors make sense of these complex programs, place them in historical context, and explain how they have improved the quality of bay waters. Chesapeake Waters is as much about the power of public perception as it is about efforts to oversee bay water quality. In a work rich with anecdotes and historical art and photos, the authors relate how human attitudes and ideas have shaped four hundred years of decisions about the Chesapeake Bay.
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The Shad Treatment
Garrett Epps
An All the King's Men for Virginia, The Shad Treatment vividly chronicles politics in the Old Dominion during the Byrd regime's decline in the 1970s. Thomas Jefferson "Tom Jeff" Shadwell is leading a "people's crusade" to liberate the Governor's Mansion from the grip of the conservative political machine that has controlled the state for fifty years. Against him are ranged the powerful forces that have kept the state back for so long—unreconstructed race-baiting politicians, gentleman farmers, giant corporations, and the "best families." The campaign promises to be the toughest, dirtiest, and most brutal in decades. But for Mac Evans, key aide in the Shadwell campaign, the election offers one last chance for his family to gain vindication and respect after years or defeat and ridicule. Inspired by events and personalities from the heated 1973 gubernatorial election.
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Attorney's Guide to Drugs in the Workplace
Tia Schneider Denenberg, Richard V. Denenberg, and Gloria Danziger
ABA Section of Labor and Employment Law, ABA Standing Committee on Substance Abuse, with the assistance of National Drugs Don't Work Partnership, George Meany Center for Labor Studies, General Electric Foundation.
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The New World Order: Sovereignty, Human Rights and the Self-Determination of Peoples
Mortimer N.S. Sellers
The end of the Cold War has allowed for the prospect of a New World Order, in which the United Nations and other 'international actors' may return to their post-war mandate of maintaining international peace and security through collective action. This book addresses the central question of sovereignty under the new regime: which internal actions of states will justify intervention by the international community? The unifying theme of these chapters — written from a wide variety of national and cultural perspectives — is the conflict between cultural relativism and human rights in the postmodern world. Eleven authors address these questions to determine the meaning and limits of national self-determination after the fall of communism.
This book is essential reading for all who seek to understand the emerging international system of the twenty-first century.
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The New World Order: Sovereignty, Human Rights, and the Self-Determination of Peoples
Mortimer N.S. Sellers
The end of the Cold War has allowed for the prospect of a New World Order, in which the United Nations and other 'international actors' may return to their post-war mandate of maintaining international peace and security through collective action. This book addresses the central question of sovereignty under the new regime: which internal actions of states will justify intervention by the international community? The unifying theme of these chapters — written from a wide variety of national and cultural perspectives — is the conflict between cultural relativism and human rights in the postmodern world. Eleven authors address these questions to determine the meaning and limits of national self-determination after the fall of communism.
This book is essential reading for all who seek to understand the emerging international system of the twenty-first century.
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Maryland Rules of Evidence With Objections
Steven P. Grossman, Stephen J. Shapiro, Anthony J. Bocchino, and David A. Sonenshein
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Representing Yourself: What You Can Do Without a Lawyer, Revised Edition
Kenneth Lasson, Alan B. Morrison, and Ralph Nader
Uniquely practical, this guide is the consumer's answer to questions about law from the commonplace to the complex. Each chapter addresses a different subject, such as landlord-tenant relations and buying and selling a house, and the book includes helpful appendices and sample legal forms. Introduction by Ralph Nader.
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Watergate Victory: Mardian's Appeal
Arnold Rochvarg
The appeal of the conviction of Robert Mardian in the Watergate conspiracy trial before Judge John Sirica is the topic of this intriguing book. Written by a member of the defense team that prepared Mardian's appeal, Watergate Victory provides a unique defense perspective on the Watergate case while also discussing legal issues that were central to the Watergate case but which have largely been ignored. Issues that are analyzed include the admissibility of the White House tapes at the trial, the ethical obligation of the attorneys for the Committee to Re-elect the President to keep confidential what they had learned from Gordon Liddy, and issues involving multiple conspiracies, variance and severance.
Contents: Two Paths to D.C.; A Man's Life is at Stake; The Only Charge Conspiracy; Beverly Hills to Burning Tree; A Slight PR Problem; Confession, Confidentiality and Commitments; Have a Fire; The CIA Connection; Hush Money; Read the Lead Sheets; Surrogates and Security; Conflict between CRP Counsel; Legal Issues in a Political Case; White House Tape Memos; Spokes, Chains and Mulitiple Conspiracies; Variance Sham or Good Faith; Spillover, Sickness and Severance; Uniquely Among the Defendants; Vague and Sprawling; Highly Prejudicial and Untrustworthy; Erroneous and Self Serving; Last But Most Important; Free Mardian; No Surprises; Retreat to Harmless Error; Fallacious Premises and Adequate Instructions; No Surprises II; Responding to the Government; More Memos and the Joint Appendix; The Reply Belief; Oral Argument; The Opinion; The Press and Richard Nixon; A Ruff Decision.
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American Republicanism: Roman Ideology in the United States Constitution
Mortimer N.S. Sellers
The origins of the U.S. Constitution are the source of endless debate. What did the founders intend when they drafted this monumental work? How should we interpret their formulations in the contemporary world? Is the Constitution a living, breathing document, as is so frequently said, or is it more staid in its intentions?
Comparing the writings and speeches of the founders with the authors they read, studied, and imitated, M. N. S. Sellers here identifies the central tenets of American Republicanism. What, he asks, did "republicanism" mean to the Americans who drafted and ratified the Constitution? Drawing on an impressive array of historical sources, this interdisciplinary work convincingly demonstrates that the Constitution was far less influenced by English or continental political thought than has been previously thought. Rather, Sellers argues, the Constitution is firmly rooted in classical Roman concepts of law and philosophy.
American Republicanism presents the primary republican narratives in their American context, providing contemporary lawyers, philosophers, and historians with a window into the attitudes and understandings that animated the Constitution. The ratification debates confirm how little in the new American conception of republicanism was still at issue in 1787 and how much Americans owed to Rome's example and the Latin authors who dominated their colonial grammar-school cuirriculum.
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An Ethical Education: Community and Morality in the Multicultural University
Mortimer N.S. Sellers
This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:
- What should the aims of universities be, given their changed demography?
- How should university curricula reflect multicultural society?
- Does the new environment require special treatment of campus speech?
- What role should affirmative action play in promoting diversity or community in the academy?
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The Semi-Sovereign Presidency: The Bush Administration's Strategy for Governing Without Congress
Charles Tiefer
A book which sets out to show that George Bush used the executive office to circumvent Congress, thwart official Washington, and confound the public will.
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Learning Law: The Mastery of Legal Logic
Sheldon Margulies M.D. and Kenneth Lasson
Being a lawyer requires understanding the process of the law — a mastery of legal logic — rather than knowing masses of substantive material. Authors Margulies and Lasson explain legal logic to readers in a concise and analytic manner. Flow charts give a clear overview of the process, allowing students to understand how and where every issue fits. Also included are brief summaries of various areas of law. Finally, model questions and answers from past bar examinations illustrate the steps outlined in the book.
A careful reading of the text should demystify the law school curriculum and offer a clear approach to solving legal problems. A reviewer describes Learning Law as "the book to take with you to law school." Learning Law provides a useful conceptual framework for beginning law students or third-year students beginning to review for the bar exam.
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Women's Movements in America: Their Successes, Disappointments, and Aspirations
Rita J. Simon and Gloria Danziger
This work is a survey of the efforts through which women have changed their place in American society from the nation's founding to the present. Examining the historical struggle for suffrage, legal and property rights, and rights in the work place, the authors show how these experiences have shaped a contemporary movement for economic, political, and social equality that has become increasingly independent and less and less likely to place women's issues second to other national concerns.
The authors recount a history of women activists who repeatedly set aside their own issues in favor of others that seemed more pressing--from abolition and preserving the Union, to labor solidarity in the 1920s, and civil rights and the New Left in the 1960s and 1970s. Male domination of these movements and a lack of support for women's issues have been major factors in creating the contemporary feminist philosophy of going it alone. The book is divided into three topical sections, each of which offers a historical analysis and draws on a variety of sources such as legal statutes and judicial decisions, demographic information, public opinion polls, and biographies and other narrative accounts. It is a richly documented resource for courses and research in women's studies, sociology, politics, and U.S. legal and political history.
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