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Santa Clara Law Review
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Book Synopsis Just War Or Just Peace? by : Simon Chesterman
Download or read book Just War Or Just Peace? written by Simon Chesterman and published by . This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
Book Synopsis The Tyranny of Good Intentions by : Paul Craig Roberts
Download or read book The Tyranny of Good Intentions written by Paul Craig Roberts and published by Crown. This book was released on 2008-03-25 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thousand years of legal protections against tyranny are being stolen right before our eyes. Under the guise of good intentions, personal liberties as old as the Magna Carta have become casualties in the wars being waged on pollution, drugs, white-collar crime, and all of the other real and imagined social ills. The result: innocent people caught up in a bureaucratic web that destroys lives and livelihoods; businesses shuttered because of victimless infractions; a justice system that values coerced pleas over the search for truth; bullying police agencies empowered to confiscate property without due process. "A devastating indictment of our current system of justice." — Milton Friedman In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest—the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite "devils," to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives. This book is a sobering wake-up call to reclaim that which is rightly ours—liberty protected by the rule of law.
Book Synopsis Habeas Codfish by : Barry M. Levenson
Download or read book Habeas Codfish written by Barry M. Levenson and published by Univ of Wisconsin Press. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the McDonald's hot coffee case to the cattle ranchers' beef with Oprah Winfrey, from the old English "Assize of Bread" to current nutrition labeling laws, what we eat and how we eat are shaped as much by legal regulations as by personal taste. Barry M. Levenson, the curator of the world-famous (really!) Mount Horeb Mustard Museum and a self-proclaimed "recovering lawyer," offers in Habeas Codfish an entertaining and expert overview of the frustrating, frightening, and funny intersections of food and the law. Discover how Mr. Peanut shaped the law of trademark infringement for the entire food industry. Consider the plight of the restaurant owner besmirched by a journalist's negative review. Find out how traditional Jewish laws of kashrut ran afoul of the First Amendment. Prison meals, butter vs. margarine, definitions of organic food, undercover ABC reporters at the Food Lion, the Massachusetts Supreme Court case that saved fish chowder, even recipes--it's all in here, so tuck in!
Book Synopsis Virtual Justice by : H. Richard Uviller
Download or read book Virtual Justice written by H. Richard Uviller and published by Yale University Press. This book was released on 1996-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the flaws, contradictions and weaknesses in the American justice system. The stories told in the book about the investigation and trial of criminal cases reveal what's really going on and demonstrate how the system often delivers virtual, rather then actual, justice.
Download or read book Covering written by Kenji Yoshino and published by Random House. This book was released on 2011-11-02 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lyrical memoir that identifies the pressure to conform as a hidden threat to our civil rights, drawing on the author’s life as a gay Asian American man and his career as an acclaimed legal scholar. “[Kenji] Yoshino offers his personal search for authenticity as an encouragement for everyone to think deeply about the ways in which all of us have covered our true selves. . . . We really do feel newly inspired.”—The New York Times Book Review Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the work of American civil rights law will not be complete until it attends to the harms of coerced conformity. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of covering provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity—a desire that brings us together rather than driving us apart. Praise for Covering “Yoshino argues convincingly in this book, part luminous, moving memoir, part cogent, level-headed treatise, that covering is going to become more and more a civil rights issue as the nation (and the nation’s courts) struggle with an increasingly multiethnic America.”—San Francisco Chronicle “[A] remarkable debut . . . [Yoshino’s] sense of justice is pragmatic and infectious.”—Time Out New York
Book Synopsis The Promise and Peril of Environmental Justice by : Christopher H. Foreman
Download or read book The Promise and Peril of Environmental Justice written by Christopher H. Foreman and published by Rowman & Littlefield. This book was released on 2011-02-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are we environmentally victimizing, perhaps even poisoning, our minority and low-income citizens? Proponents of "environmental justice" assert that environmental decisionmaking pays insufficient heed to the interests of those citizens, disproportionately burdens their neighborhoods with hazardous toxins, and perpetuates an insidious "environmental racism." In the first book-length critique of environmental justice advocacy, Christopher Foreman argues that it has cleared significant political hurdles but displays substantial limitations and drawbacks. Activism has yielded a presidential executive order, management reforms at the Environmental Protection Agency, and numerous local political victories. Yet the environmental justice movement is structurally and ideologically unable to generate a focused policy agenda. The movement refuses to confront the need for environmental priorities and trade-offs, politically inconvenient facts about environmental health risks, and the limits of an environmental approach to social justice. Ironically, environmental justice advocacy may also threaten the very constituencies it aspires to serve--distracting attention from the many significant health hazards challenging minority and disadvantaged populations. Foreman recommends specific institutional reforms intended to recast the national dialogue about the stakes of these populations in environmental protection.
Book Synopsis The Death of Treaty Supremacy by : David Sloss
Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.
Download or read book Dossier written by Aryeh Neier and published by Scarborough House. This book was released on 1975 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Santa Clara Law Review written by and published by . This book was released on 2008 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Engaging with Foreign Law by : Basil S Markesinis
Download or read book Engaging with Foreign Law written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2009-03-30 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
Book Synopsis Garner's Dictionary of Legal Usage by : Bryan A. Garner
Download or read book Garner's Dictionary of Legal Usage written by Bryan A. Garner and published by Oxford University Press, USA. This book was released on 2011 with total page 1023 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.
Book Synopsis Trade Secrets Legal Protection by : Luc Desaunettes-Barbero
Download or read book Trade Secrets Legal Protection written by Luc Desaunettes-Barbero and published by Springer Nature. This book was released on 2023-06-10 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the economic relevance of trade secrets, their legal protection is not based on a robust theoretical corpus, and a large uncertainty remains regarding how they should be legally apprehended. The present book investigates the foundations of their legal protection by assessing its justifications and aims to define how this legal apprehension should be organized. The book starts with a comparative analysis of the US and the EU legal frameworks. It demonstrates the parentship existing between the two systems of protection and highlights that the incremental structuring of trade secrets protection has led to legal systems lacking broad-based conceptual foundations. In both legal orders, trade secrets rely on blurred protection, formally anchored in unfair competition, the strength of which, however, comes closer to that offered by intellectual property law. In this convoluted architecture, the judiciary is required to play a decisive role, especially at the enforcement stage. However, the absence of clarity concerning the telos of trade secrets protection leads to legal uncertainty, potentially incoherent enforcement, and, all in all, to inefficient outcomes from a welfare perspective. The book then explores a theoretical framework based on a distinction between two legal objects: the undertakings’ secret sphere and secret pieces of information. Securing the undertakings’ secret sphere appears as a condition for the competition process to happen in an economy working under structural uncertainty. It requires objective regulations enforced by public authorities. On the other hand, the legal apprehension of secret pieces of information should be considered as falling within the realm of immaterial goods regulation aiming to solve the deficit of marketability of this type of good. This might call – after conducting a careful policy trade-off – for the establishment of relative (i.e. inter partes) subjective rights.
Book Synopsis Searching the Law - The States by : Francis R Doyle
Download or read book Searching the Law - The States written by Francis R Doyle and published by Martinus Nijhoff Publishers. This book was released on 2022-11-14 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Electronic Commerce and the Internet in the UK and Ireland by : Steve Hedley
Download or read book The Law of Electronic Commerce and the Internet in the UK and Ireland written by Steve Hedley and published by Taylor & Francis. This book was released on 2017-09-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Internet law' and 'electronic commerce law' are new entities and as such there is some difficulty in defining this rapidly changing area of the law. Scholars are divided as to whether it is a subject in its own right or part of a broader area and there is also debate concerning its status as a new law or as old law which needs interpreting in a new way. This text helps the student to unravel this complicated area of law and provides guidance through the wealth of literature available on the topic. The text is for law students coming towards the end of their first degree, or taking a Masters. The first half focuses on the principles of electronic commerce law and includes an introduction to the law of the Internet, basic concepts in intellectual property law, privacy law and data protection. The second part deals with rights and duties in the online world including, liabilities, ownership and contracts. Technical operations are explained in the text as necessary and a glossary provides a guide to the more commonly encountered computer technicalities. With a supporting website providing links to online further reading, this textbook is ideal for students of e-commerce law and will provide those studying information technology law or practising commercial law with an indispensable introduction to Internet issues.
Book Synopsis Rethinking Self-Defence by : T Markus Funk
Download or read book Rethinking Self-Defence written by T Markus Funk and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
Book Synopsis Uncertain Justice by : Laurence Tribe
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.
Book Synopsis Catalogue of Title-entries of Books and Other Articles Entered in the Office of the Librarian of Congress, at Washington, Under the Copyright Law ... Wherein the Copyright Has Been Completed by the Deposit of Two Copies in the Office by : Library of Congress. Copyright Office
Download or read book Catalogue of Title-entries of Books and Other Articles Entered in the Office of the Librarian of Congress, at Washington, Under the Copyright Law ... Wherein the Copyright Has Been Completed by the Deposit of Two Copies in the Office written by Library of Congress. Copyright Office and published by . This book was released on 1961 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt:
