Kategoria BISAC: Law >> Civil Procedure

Here is a comprehensive account of the U.S. constitution--including its evolution and its impact on shaping American government and political representation. In eight fact-filled chapters, the authors carefully explore the U.S. Constitution's role. Chapter 1 looks at various conflicts which occurred during its ratification in 1787. The next chapter examines both the initial and subsequent impacts of liberalism and capitalism on the Constitution. The following chapters discuss the growth of federal power and the role of the courts in interpreting the Constitution. Chapter five divides...

Here is a comprehensive account of the U.S. constitution--including its evolution and its impact on shaping American government and political representation. In eight fact-filled chapters, the authors carefully explore the U.S. Constitution's role. Chapter 1 looks at various conflicts which occurred during its ratification in 1787. The next chapter examines both the initial and subsequent impacts of liberalism and capitalism on the Constitution. The following chapters discuss the growth of federal power and the role of the courts in interpreting the Constitution. Chapter five divides...

The recent Iran-Contra experience brought to light how intricately the political process revolves around questions of who knows what and who decides what should be secret. In this provocative new book, David Sadofsky offers a comprehensive examination of the relationship between the structure of American government and the treatment of information. With an emphasis on Watergate, the Vietnam War, and Iran-Contra, the book reveals a structural dynamic in U.S. government that replicates deep conflict over the control of information. The conflict often takes on the dimensions of a...

This work reviews the current thinking on guardianship of older persons, how the wards and the guardians are affected, and the process by which a person becomes a ward. The book, based on court records and a guardian questionnaire, considers the impact of current legislation on older wards. Recommendations for changes in the guardianship system are made in the final chapter, followed by a summary and conclusion section.

This study examines the tensions and interrelationships inherent in federal control of information in the technological era. Analyzing topics relating to information content and carrier issues, citizens' natural rights and utilities, and the effects of the executive and legislative branches, the author examines the historical definitions of information, traditional ethical principles, the parameters as framed by the Constitution, and three kinds of information control actions promulgated by the federal government (the Foreign Agents Registration and Propaganda Act, the Computer Security...

Using New York City as a research model, this study explores the organizational, tactical, and ethical challenges of providing zealous advocacy for every convicted indigent wishing to appeal. David Wasserman, a former staff attorney with New York's Legal Aid Society, examines the unique form of representation that has emerged since the Supreme Court recognized the right to free appellate counsel, and details the conflict between the role of assigned appellate counsel and the demands of an overcrowded and underfunded criminal justice system. As the first study of indigent criminal appellate...

This book examines trends that affect citizen's privacy, now that computer files with information on credit and overall financial status are easily accessible, and not always accurate. The unregulated use of individuals' computer files is a serious challenge to the values that underlie this country's social political well-being. The book discusses the need for balance between the privacy interests of individuals and the financial interests of large institutions, who may benefit from these files in locating those trying to cheat the system. It also examines the problem of protecting...

. . . a useful handbook for trustees and a fascinating survey of the role of trustees in the management of nonprofit organizations. Baughman ably examines the juridical status of trustees of charitable institutions in light of their obligation to administer trusts for the public's benefit and enjoyment. . . . The appendix includes a three-page guide prepared by Neil F. Hartigan, the attorney-general for Illinois, on how board members of nonprofit organizations can best fulfill their responsibilities. . . . Baughman presents a very readable account of trustees and of the litigation battles...

Legal and economic regulation now affects virtually every aspect of the modern business environment, particularly the broad range of responsibilities that fall within the domain of marketing. Because of the complexity of the regulatory framework, marketing executives may depend heavily on legal specialists for guidance concerning laws and regulations that affect their company's operations. This book provides marketing planners and managers with both the basics and the specifics needed for effective decision making in this area. Based on the author's expertise and first-hand experience in...

Written especially for those involved in strategic planning for international business ventures, this is the first full-fledged analysis of an essential element in the joint venture process--the selection of the appropriate joint venture partner. Because the right partner remains the primary determinant of the success or eventual failure of a joint venture partnership, "Joint Venture Partner Selection" will profit every manager and executive involved in the complex partner selection process. Author J. Michael Geringer identifies the criteria that must be considered when choosing the right...

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police...

America has entered its second century of antitrust law. The United States has come through the 1980s of laissez faire when antitrust had its lowest profile since the Hoover days, lawyers advised clients that anything goes, and theorists justified non-enforcement of the law by Chicago School economics--the claim that antitrust exists only to create efficiency and that business freedom creates efficiency. Meanwhile, the European Community has a developing body of antitrust law. It rejects the Chicago School as ignoring market realities, and it incorporates into its law values of...

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using...

Is U.S. employment law undergoing a revolution? In this work, Donald Brodie examines the basic themes of current employment law and identifies what is changing and what is not changing, using commonplace examples. Basing his conclusions on extensive studies of state and federal court decisions and arbitration awards, Brodie focuses on the individual contract of employment, the elements that have remained constant, including judicial restraint, employer rights, and just cause, and the statutory elements that foster the most change.

Brodie begins his study by identifying some of the...

This groundbreaking study is the first to apply an analytical model derived from the interest-group theory of regulation to the study of antitrust law and policy. The application of this model which stresses that government intervention in the economy will always benefit some political groups at the expense of others to the analysis of antitrust enables Shughart both to identify important trends in the antitrust arena and demonstrate which groups have benefited most from antitrust legislation. His analysis clearly shows that consumer welfare is often not enhanced by antitrust suits or...

This practical book guides the reader through Superfund Law. Superfund is the common name for the Comprehensive Environmental Response, Compensation and Liability Act, which established a national program for cleaning up the nation's abandoned and uncontrolled hazardous waste sites. Superfund changed the way the United States conducts business by imposing substantial liability on present and past owners and operators of contaminated sites and on generators and transporters of hazardous substances to those sites. By examining the Superfund liability scheme, Fogleman provides businesses and...