Kategoria BISAC: Law >> Civil Procedure

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...

Since the first and only constitutional convention in 1787, 26 amendments have been added to our governing document, but not one of them became law by virtue of the convention method. Despite more than 400 applications, no constitutional convention has been called in 202 years. Indeed it was James Madison who wrote, "Having witnessed the difficulties and dangers experienced by the first Convention. . . . I should tremble for the result of a Second." In Unfounded Fears: Myths and Realities of a Constitutional Convention, Weber and Perry present a balanced, scholarly look on this...

This is the first book to provide an in-depth study of the juvenile transfer process. Criminal justice's get tough policy has led to greater use of this process which, on the surface, transfers persistent juvenile offenders to criminal court jurisdiction in order to impose more serious penalties. The implications of this growing phenomenon are increasingly important for both the juvenile and criminal court systems. Champion and Mays' analysis includes descriptions of juvenile courts, types of offenders processed by these courts, and characteristic outcomes of transfers. Examining the...

Modern Communications Law provides the most comprehensive and contemporary coverage of communications law available, a subject characterized by rapidly expanding and changing horizons. The book is thorough, informative, and accessible. It is divided into three main sections that respectively consider the media's nature and context, structural governance of the communications industry, and content issues. Lively provides an in-depth study of telephone communications--an area which affects virtually the entire citizenry--as well as print, broadcasting, cable, and other new...

Rapid changes in communications technology continue to characterize the industry and to necessitate repeated redefinition of the legal structures and issues which must respond to these changes. Donald E. Lively's in-depth study of communications law clarifies its basic concepts and principles. He provides a thorough survey of the press as it was originally perceived by the Constitution and how its profile has changed due to the sophisticated nature of today's media. The book shows how broadcasting, cable, and common carriage disperse a wide range of information--requiring continual...

Society and individual members thereof who approach the court in conscience desire justice. They place their hope not only in the knowledge but also in the morality of the judges. At a time when the values of the judiciary are under intense scrutiny, Noonan and Winston present an extensive, highly informed collection of readings with commentary and explication. They address the concept and role of judge, the act of judging, and the requirements and potential abuses inherent in the system and process of sitting in judgment. This is a reflective, yet eminently realistic consideration of the...

This is a comprehensive examination of the contemporary movement against drunk driving. Written in an eminently readable style, the volume addresses all major substantive aspects of the anti-drunk driving effort including society's changing attitudes and response to the crime itself and the offenders, the role of grass roots groups such as MADD and RID, federal and state initiatives, actions and enabling legislation, and anti-drunk driving programs and projects. Gerald D. Robin takes a socio-legal approach throughout, emphasizing the rationales behind, controversies surrounding, and...

The American court system is making increasing use of sociologists as expert witnesses. From toxic torts to religious cults and brainwashing, sociological knowledge is becoming increasingly more commonplace in the legal arena. This edited volume is a collection of the experiences of sociologists who have appeared as expert witnesses in a variety of court cases. Many of the cases covered in this book revolve around central issues of murder, self-defense, religious cults, battered women, child pornography, environmentalism, and homelessness. This volume is unique in its breadth of topics and...

The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the relationship between changes initiated by constitutional amendment and changes initiated by judicial interpretations or actions of the two elected branches of government. By examining and comparing all three mechanisms of constitutional revision, Vile offers a more complex and dynamic analysis...

This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative...

Throughout this century, organized interest groups have played a central role in U.S. Supreme Court litigation on issues of civil rights and liberties. Yet in recent decades, the Court has been less willing to protect many rights and has discouraged the use of federal court forums. With the federal courts inhospitable or unavailable, interest groups have had greater incentive to enter state judiciaries. Proponents of the new judicial federalism urge groups and other litigants to seek greater individual protection based on state constitutions than that required under federal constitutional...

Conventional wisdom holds that the "Lochner" Court illegitimately used the Constitution's due process clauses to strike down Progressive legislation designed to protect the poor and powerless against big business. This book systematically examines all of the U.S. Supreme Court's substantive due process cases from 1897 through 1937 and finds that they do not support long-held beliefs about the "Lochner" Court. The Court was more Progressive than commonly imagined, striking down far fewer laws on substantive due process grounds than is generally believed. The laws it overturned were not...

This new edition of Norgren and Nanda's classic updates their examination of the intersection of American cultural pluralism and law. They document and analyze legal challenges to the existing social order raised by many cultural groups, among them, Native Americans and Native Hawaiians, homeless persons, immigrants, disabled persons, and Rastafarians. In addition, they examine such current controversies as the culture wars in American schools and the impact of post-9/11 security measures on Arab and Muslim individuals and communities. The book also discusses more traditional challenges to...

This new edition of Norgren and Nanda's classic updates their examination of the intersection of American cultural pluralism and law. They document and analyze legal challenges to the existing social order raised by many cultural groups, among them, Native Americans and Native Hawaiians, homeless persons, immigrants, disabled persons, and Rastafarians. In addition, they examine such current controversies as the culture wars in American schools and the impact of post-9/11 security measures on Arab and Muslim individuals and communities. The book also discusses more traditional challenges to...

Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights--a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought--and won--in the political arena and the courts.

American Indians, American Justice explores the...

During William L. Dwyer's fifteen-year tenure as a U.S. District Court judge, he presided over many complex and groundbreaking cases. In one of his most controversial rulings, he engaged environmentalists and the timber industry in a heavily publicized and emotionally fraught battle over the territory of the northern spotted owl, ultimately approving the bird for "threatened species" status and forcing the Forest Service to substantially reduce logging in owl-habitat areas.

Before his appointment to the district court in 1987, Dwyer had spent more than thirty years as a trial lawyer,...