Kategoria BISAC: Law >> Civil Procedure

..". glimpses of intriguing changes in social arrangements and cultural understandings in relation to surrogacy. Disturbing motherhood indeed." New Scientist

"Larry Gostin has put together the definitive collection of essays on one of the most perplexing and titillating topics in contemporary medical ethics. This book includes contributions from some of the leading scholars on the legal, ethical, and social aspects of surrogacy, as well as several critical perspectives on the famous Baby M case must reading for understanding the surrogate motherhood controversy." Robert M....

The fundamental thesis of Constitutional Law as Fiction is that in writing the opinion that explains a judgment, a judge not only analyzes and organizes precedent and makes and defends policy or value judgments, but he or she also tells a story, much as a historian does.

Like a history, this story has the appearance of simple truth, but, in fact, of necessity, it is a "fiction" as well--not in the sense of a lie or fairy tale, but in the sense of a constructed meaning. Strangely enough, these fictions persuade those who read them and those who write them, and without this...

In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence...

Recent revisionist history has questioned the degree of social change attributable to the French Revolution. In Balancing the Scales of Justice, Anthony Crubaugh tests this claim by examining the effects of revolutionary changes in local justice on the inhabitants of one region in rural France.

Crubaugh illuminates two poorly understood institutions in eighteenth-century France: seigneurial justice and the revolutionary justice of the peace. He finds that justice was typically slow and expensive in the lords' courts, thus making it difficult for rural inhabitants to benefit...

"During the 20th century," this book contends, "aggressive Presidents and supine Congresses have transformed the President's constitutional authority to defend the nation against attack into a virtually unlimited power to initiate undeclared war and military hostilities." New theories therefore are needed to guide Congress, President, and courts in future struggles over the distribution of the war powers. White House spokesmen since the Truman administration have reiterated a constitutional theory that confers inherent power on the President to dispatch and commit armed forces without...

Judicial reform became an important part of the agenda for development in Latin America early in the 1980s, when countries in the region started the process of democratization. Connections began to be made between judicial performance and market-based growth, and development specialists turned their attention to "second generation" institutional reforms. Although considerable progress has been made already in strengthening the judiciary and its supporting infrastructure (police, prosecutors, public defense counsel, the private bar, law schools, and the like), much remains to be...

A groundbreaking contribution to the literature of constitutional law, "Taking Liberties" is the first book to explore the ways domestic policies deny U.S. citizens access to international sources of information. Author Elizabeth Hull argues that such policies--which include limiting Americans' right to travel, censoring foreign documentaries, suppressing foreign literature considered politically objectionable, preventing controversial aliens from visiting the country, and restricting international scientific exchange--contravene the Constitution's First Amendment, which was designed to...

Although a few books on the market set forth the elements of labor arbitration, no single volume exists that gathers the essential elements of the arbitration process in a detailed, comprehensive, and logical presentation. An Introduction to Labor Arbitration is a clear, jargon-free guidebook that inexperienced practitioners will find essential to prepare for arbitration. As an introductory text, this work is an excellent resource for understanding the fundamental theory, practice, and procedure of labor arbitration.

This volume collects the papers presented at a conference sponsored by the Hebrew University of Jerusalem to mark the bicentennial of the framing and adoption of the U.S. Constitution. The conference joined distinguished members of the American judiciary, bar, and academia and their Israeli counterparts in an intensive debate on the part the Constitution has assumed in American life during the 200 years of its existence. Each paper focuses specifically on one aspect of the Constitution; the subject matter ranges from executive-legislative relations to minority rights, religious freedom,...

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American society. Otten provides students with a knowledge base from which to address questions such as: Does the Constitution really protect women? Despite gains in status and legal protection, has the position of women in society really improved? What is the ultimate status of women as defined by U.S. law? Do the decisions of the Supreme Court reflect a...