Kategoria BISAC: Law >> Civil Procedure

Church-state relations are becoming more and more critical. Deepening controversies over church-state relations, the increasing religious pluralism of American society, and the changing makeup of the Supreme Court are forcing a rethinking of approaches to church and state in the public policy realm. Stephen Monsma offers a new approach rooted in structural pluralism as a normative way to understand church-state relations. He suggests that the government should use a principle of positive neutrality in handling church-state relations. He integrates historical, theoretical, social, and legal...

.Breitowitz focuses on what many regard as the cutting issue of Jewish law as it grapples with the disintegrative forces of twentieth-century life: the problem of the Agunah or stranded wife. In addition, the Agunah issue raises intriguing questions about the impotence of religious law in a secular society and how the establishment and free exercise clauses intersect to facilitate or hinder the accommodation of religious interests.

All legal avenues available to secure relief are discussed, including the use of prenuptial agreements, the application of tort theory, and the rather exotic...

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the...

This legal and intellectual history shows how the education of American lawyers between 1779 and 1829 manifested a unique and distinct process of legal thought into the United States. This new American legal thought, based upon ideas imported from the works of European natural law writers, had a significant impact on the creation of a distinctly American legal system and was, and continues to be, instrumental in shaping American society.

A fresh and provocative perspective on the judicial process and the transmission of ideas into law. Professors McIntosh and Cates demonstrate, through the actions and writings of such diverse jurists as Louis Brandeis, Sandra Day O'Connor, Jerome Frank, and Hans Linde, how judges' pet intellectual projects become the fodder for new ideas in the law.

Through a series of case studies, Professors McIntosh and Cates argue for the assessment of judicial activity from a fresh perspective. They focus on the appellate system and those judges who help to move the law--i.e., entrepreneurs....

Are IQ tests racially and culturally biased? That was the controversial question in two landmark lawsuits: the California case of Larry P. v. Riles (1979) and the Chicago case of PASE v. Hannon (1980). Litigating Intelligence is a detailed analysis and comparison of these complex cases--the background, evidence, testimony, arguments, and surprising outcomes. It is also an important case study of the role of social science testimony in the courtroom and the role of the courts in setting social policy.

This book is the first comprehensive analysis of the free press-fair trial debate over news cameras in the courtroom--one that discusses the issue from a historical, legal, and social scientific perspective. It incorporates the key aspects of the debate in one volume, examining witness privacy and protection, defendant reputation, the purported educational benefits of televising trials, the coverage of trials from an entertainment or voyeurisitic perspective, and whether any proposed benefits of televising trials are negated by potential negative costs to the participants involved or the...

This valuable book by Rome and Roberts, attorneys and participants in several Supreme Court cases involving commerical and corporate free speech, stands alone as a monographic treatment addressing the topic of the First Amendment and corporate and commercial free speech...It is a thorough, careful treatment of an area of growing importance. One would have to turn to the extensive law review literature on this topic for comparable, if partial, treatment...The book is detailed and sophisticated enough to be of use to legal counsels and academics, but it could be read with profit by...

This reference volume will assist the attorney who needs to understand inheritance laws, administration, and probate proceedings in other states and foreign jurisdictions. Among the areas covered are rights of intestacy, rights of pretermitted and posthumous children, and rights of election by surviving spouses. The book also addresses problems inherent in probate, administration, and kinship proceedings and furnishes the attorney with a method for gathering the information these proceedings require. Henner also highlights Western European estate tax treaties and their interaction with the...

The issues confronting the Securities and Exchange Commission, the courts, Congress, and securities and corporate lawyers regarding tender offers are examined in this timely collection of commentaries. New data is introduced on how to regulate tender offers and proxy contests for control of publicly held companies. In addition, the constitutional dimensions of state anti-takeover statutes, target managements's conduct in fending off hostile bidders, the SEC's advisory committee report of recommendations on tender offers and SEC tender offer rules are reviewed. Insider trading in the tender...

Will treating the conduct of local governments the same as the conduct of private enterprises pose serious threats to government, industry, or the antitrust laws? Mark Lee argues that the nation will be better off as a result because efficient forms of economic organization, previouly prohibited by the judiciary, will be permitted to flower and antitrust's policy war with itself will be put to an end. Lee reviews the powerful implications of the Supreme Court rulings in City of Lafayette v. Louisiana Power and Light and Community Communications Co. v. City of Boulder and offers a...

Michael H. Graham argues that to meet the problem of witness intimidation squarely, the system must eliminate the possibility of intimidation by preserving the victim's or eyewitness's testimony in a form admissible at trial. To do this, the legal profession must develop procedures to preserve prior out-of-court statements and to admit such statements as substantive evidence if the witness is deemed sufficiently trustworthy. Finally, Graham advances a new proceeding--the preservation proceeding--that would permit the prosecutor to bring a witness before a judge, magistrate, or specially...

This convenient reference tool is designed for real estate investors who wish to maximize their tax benefits through a better understanding of real estate law. Ferguson and Spede thoroughly analyze and explain real estate tax laws, as well as the problems and advantages of purchasing, owning, and selling real estate. Specifically explained and illustrated are such issues as calculating excess investment and interest, installment selling, alternative minimum tax, investment credits, recapture of tax credits, trading properties, leases with options to buy, and the establishment of new bases...