A series of laws passed in the 1970s promised the nation unprecedented transparency in government, a veritable "sunshine era." Though citizens enjoyed a new arsenal of secrecy-busting tools, officials developed a handy set of workarounds, from over classification to concealment, shredding, and burning. It is this dark side of the sunshine era that Jason Ross Arnold explores in the first comprehensive, comparative history of presidential resistance to the new legal regime, from Reagan-Bush to the first term of Obama-Biden. After examining what makes a necessary and unnecessary secret, Arnold considers the causes of excessive secrecy, and why we observe variation across administrations. While some administrations deserve the scorn of critics for exceptional secrecy, the book shows excessive secrecy was a persistent problem well before 9/11, during Democratic and Republican administrations alike. Regardless of party, administrations have consistently worked to weaken the system's legal foundations. The book reveals episode after episode of evasive maneuvers, rule bending, clever rhetorical gambits, and downright defiance; an army of secrecy workers in a dizzying array of institutions labels all manner of documents "top secret," while other government workers and agencies manage to suppress information with a "sensitive but unclassified" designation. For example, the health effects of Agent Orange, and antibiotic-resistant bacteria leaking out of Midwestern hog farms are considered too "sensitive" for public consumption. These examples and many more document how vast the secrecy system has grown during the sunshine era. Rife with stories of vital scientific evidence withheld, justice eluded, legalities circumvented, and the public interest flouted, Secrecy in the Sunshine Era reveals how our information society has been kept in the dark in too many ways and for too long.
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Imagine a high impact, low profile, nonpartisan government institution located across the street from the White House. Imagine that it plays a central role in shaping our technology industries, in overseeing globalization, and in holding the federal government responsible for its commercial activities. Imagine that only Congress and the Supreme Court can correct its mistakes. Such an institution exists. The United States Court of Appeals for the Federal Circuit was born in the early 1980s as part of the drive to liberalize and reinvigorate the American economy. Over the past twenty-five years, it has earned its nickname as the "patent court" by revolutionizing American patent law, but it also oversees international trade law and government business law. Taken together, its docket covers the rules guiding innovation, globalization, and much of government. Are these rules impelling the economy forward or holding it back? Are the policies we have the policies we want? How are we faring, as the economy transitions from the industrial age to the information age? What responsibility does the Federal Circuit bear in shaping America's current economic policies in these three critical areas? The Secret Circuit demystifies this Court's work and answers these questions.
A preeminent constitutional scholar offers a hard-hitting analysis of the Supreme Court over the last two hundred years Most Americans share the perception that the Supreme Court is objective, but Erwin Chemerinsky, one of the country’s leading constitutional lawyers, shows that this is nonsense and always has been. The Court is made up of fallible individuals who base decisions on their own biases. Today, the Roberts Court is promoting a conservative agenda under the guise of following a neutral methodology, but notorious decisions, such as Bush vs. Gore and United Citizens, are hardly recent exceptions. This devastating book details, case by case, how the Court has largely failed throughout American history at its most important tasks and at the most important times. Only someone of Chemerinsky’s stature and breadth of knowledge could take on this controversial topic. Powerfully arguing for term limits for justices and a reassessment of the institution as a whole, The Case Against the Supreme Court is a timely and important book that will be widely read and cited for decades to come.
The US Supreme Court seeks to withhold information about its deliberations, while the press's job is to report and disseminate this information. These two objectives conflict and create tension between the justices and the reporters who cover them; add to that the increasing demands for transparency in the digital age and the result is an interesting dynamic between an institution that seeks to preserve its opaqueness and a press corps that demands greater transparency. This volume examines the relationship between justices and the press through chapters that discuss facets such as coverage of the institution, the media's approach to the docket, and the effects of news coverage on public opinion. Additionally, two journalists who cover the court offer insights into the profession of reporting today, while two biographers of Supreme Court justices share the perspectives of those justices regarding the press.
Roger Douglas compares responses to terrorism by five liberal democracies--the United States, the United Kingdom, Canada, Australia, and New Zealand--over the past 15 years. He examines each nation's development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning. Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government's impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.
The revised Second Edition of Fashion Law provides authoritative information on all legal aspects of the fashion business-from the start-up phase all the way through international expansion.Updated to reflect recent legal decisions and regulatory developments, the book covers the principal legal disciplines that play a role in the life of a fashion company: intellectual property protection and litigation, licensing, anti-counterfeiting, start-up and finance, commercial transactions, employment regulations, advertising and marketing, celebrity endorsements, and custom and international trade. Editors Jimenez and Kolsun provide comprehensive legal information and guidance for students of fashion and law, fashion designers, fashion business executives, and lawyers specializing in fashion.
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
A Short & Happy Guide to Being a Law Student is a must-read whenever worry or doubt creep in. In this volume you will find essential wisdom for the study of law and life. Learn from the unprecedented ten-time recipient of the Professor of the Year award how to be your best in and out of class, how to prepare for exams, how to succeed on exams, how to put your best foot forward in a job interview, how to find teachers to inspire you, what to do in classes that leave you uninspired, how to cope with stress and how to create value in everything you do.
There is no more legendary case in American legal history than Dred Scott v. Sanford. An extraordinary example of a slave suing his master for freedom, it led to a devastating pro-slavery ruling by Chief Justice Roger Taney in the Supreme Court and helped precipitate the Civil War. But was itso remarkable? Did others fight for liberty in court?In Redemption Songs, legal scholar Lea VanderVelde unearths the astonishing history of how slaves challenged the "peculiar institution" with that most American of weapons, litigation. The author, together with Missouri's state archivist and other researchers, found roughly 300 "freedom suits" filedin St. Louis between 1814 and 1860. More than 100 ended with the words, "Plaintiff be liberated and entirely set free from the defendant." Slaves based their claims on four grounds: they were Native Americans, previously had been free, had lived in free territory, or had a free mother. VanderVelde selects a dozen lawsuits from across this period for close examination; each opens a window on a closed world of oppression-and defiance. Here, for example, is the saga of Moses Shipman; freed by Revolutionary War veteran David Shipman, he fled from Kentucky to Illinois in the 1820s, waskidnapped with his family, and dragged back to St. Louis. Here, too, is the story of Leah Charleville, a wily survivor living in a shadowy world of illegality, playing off two free black men as her lovers and hosting a ring of thieves at her boarding house. Savvy in the ways of the law, she went tocourt four times, securing freedom for herself and her children. With deep appreciation for the courage required for a slave to challenge a master in court, VanVelde reshapes our understanding of border-state slavery and the impact of the seemingly powerless on American law.
This concise, practical text focuses on the art and craft of persuasive oral argument. It explores why people are ill-at-ease with public speaking and addresses why the problem exists, why it matters, and what to do about it. The authors, teachers of oral advocacy who have broad trial experience as well, maintain that everyone can master basic oral advocacy, and they skillfully and in an engaging style guide the reader through the steps necessary to do so. Tongue-Tied America: Reviving the Art of Verbal Persuasion will make an excellent supplement to any Advocacy course, but anyone who ever speaks in front of other people formally or informally will find it an enlightening and valuable resource. This highly readable text draws from the teachings of masters of rhetoric and uses techniques from several disciplines. It includes: Explanations of the essential principles of speech writing derived from classical rhetoric and psychology. The authors look at the methods great speakers use to persuade their audiences and discuss tactics for addressing and persuading different types of audiences. Keys to successful public speaking, including psychological insights and strategies taken from the theater. Step-by-step guidance through the process of writing a speech , including an explanation of the function of different kinds of speeches and the unique requirements of writing the spoken word. How to deliver a speech effectively What to do with your hands and feet Avoiding verbal ticks (such as um and uh ) Developing an awareness of cadence Connecting with the audience Exercises for improving voice and overcoming stage fright Beginning and ending a speech with force and interest Tips and checklists Numerous practical examples, which the authors analyze in-depth, that illustrate what works in public speaking and what doesn t. The final chapter examines a number of iconic speeches that were delivered for a variety of reasons and explains why they work. A companion website and video that illustrate how to deliver a speech well.
Is the death penalty a more effective deterrent than lengthy prison sentences? Does a judge's gender influence their decisions? Do independent judiciaries promote economic freedom? Answering such questions requires empirical evidence, and arguments based on empirical research have become aneveryday part of legal practice, scholarship, and teaching. In litigation judges are confronted with empirical evidence in cases ranging from bankruptcy and taxation to criminal law and environmental infringement. In academia researchers are increasingly turning to sophisticated empirical methods toassess and challenge fundamental assumptions about the law.As empirical methods impact on traditional legal scholarship and practice, new forms of education are needed for today's lawyers. All lawyers asked to present or assess empirical arguments need to understand the fundamental principles of social science methodology that underpin sound empiricalresearch. An Introduction to Empirical Legal Research introduces that methodology in a legal context, explaining how empirical analysis can inform legal arguments; how lawyers can set about framing empirical questions, conducting empirical research, analysing data, and presenting or evaluating theresults. The fundamentals of understanding quantitative and qualitative data, statistical models, and the structure of empirical arguments are explained in a way accessible to lawyers with or without formal training in statistics.Written by two of the world's leading experts in empirical legal analysis, drawing on years of experience in training lawyers in empirical methods, An Introduction to Empirical Legal Research will be an invaluable primer for all students, academics, or practising lawyers coming to empirical research- whether they are embarking themselves on an empirical research project, or engaging with empirical arguments in their field of study, research, or practice.
In an ideal world, the laws of Congress-known as federal statutes-would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Literature and the Law
"The Trial is actually closer to reality than fantasy as far as the client's perception of the system. It's supposed to be a fantastic allegory, but it¿s reality. It's very important that lawyers read it and understand this." Justice
Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka's vision of the "Law" in
The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish?
With Kafka's Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law's
grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation
is followed by a plea bargain, in which the court's only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka's nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous,
and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.
Why do we punish, and why do we forgive? Are these learned behaviors, or is there something deeper going on? This book argues that there is indeed something deeper going on, and that our essential response to the killers, rapists, and other wrongdoers among us has been programmed into our brains by evolution. Using evidence and arguments from neuroscience and evolutionary psychology, Morris B. Hoffman traces the development of our innate drives to punish - and to forgive - throughout human history. He describes how, over time, these innate drives became codified into our present legal systems and how the responsibility and authority to punish and forgive was delegated to one person - the judge - or a subset of the group - the jury. Hoffman shows how these urges inform our most deeply held legal principles and how they might animate some legal reforms.
Religion & The Law
State & Local Taxation
Is a tax amnesty a good tax policy? To address this question, this book examines whether a typical state tax amnesty is likely to generate substantial short term tax revenues without a corresponding significant negative effect on long run tax compliance. Although U.S. states have several motivations for implementing tax amnesties, the underlying objective boils down to raising tax revenues, either through the taxes collected immediately or through additions of new tax payers to the tax rolls and through an enlarged tax base. Are state tax amnesties successful in achieving this basic objective (i.e. bringing revenues to the state treasury that would not otherwise be collected)? This book revisits this critical question, given the significant fiscal crisis that many state governments have confronted since the turn of the twenty-first century.