When it was ratified in 1791, the First Amendment to the Constitution of the United States sought to protect against two distinct types of government actions that interfere with religious liberty: the establishment of a national religion and interference with individual rights to practice religion. Since that time, no question has so bedeviled the U.S. Supreme Court as finding the best way to interpret and apply the Establishment Clause and the Free Exercise Clause of the First Amendment. In this unique and timely book, Jay Sekulow examines not only the key cases and their historical context that have shaped the law concerning church-state relations, but also, for the first time, the impact of the religious faith and practices of Supreme Court Justices who have ruled in each case. Covering cases from the teaching of religion in public schools and the use of federal funds for parochial schools to today's debates about the Pledge of Allegiance and public displays of the Ten Commandments, Witnessing Their Faith is essential reading for anyone interested in the history and future of religious freedom in America.
This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.
This book provides a comprehensive and detailed analysis of the law relating to corruption and misuse of public office, including specialist issues such as whistleblowing. This new edition covers major developments in the area since the publication of the first edition, and includes full coverage of the Bribery Act 2010.
American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.
This book considers the distribution of power in the national government and explores how the constitutional scheme of separation of powers and checks and balances grants and controls power. It examines how the American Constitution and its amendments oblige the national and state governments.
Now in its 23rd year, the Tax Book is the authoritative commentary on the Taxes Consolidation Act 1997. I can’t remember when I have been so impressed before by a book. What is astonishing is the sheer simplicity of the idea behind it. It is so simple as to amount to genius. What the tax book does is to take the Consolidated Taxes Act 1997 and produce what appears to be an identical copy of that Act. Each section and schedule, each subsection and paragraph of the original Act appears. Looking at it you would be convinced you are reading the actual legislation. It is only when you do read it that you realise it couldn’t be the legislation. Because you can actually understand it! What Alan Moore has done is to rewrite the Consolidated Taxes Act 1997, subsection by subsection, in plain English. I don’t believe I have ever seen a book which is laid out to look exactly the same as the original legislation, and which instead of attempting a global birds-eye view of each section tackles each subsection in turn and explains exactly what that subsection is intended to mean. This version of the legislation is so much more readable! I unreservedly recommend this book to every tax practitioner. Frank Carr, KPMG, Irish Tax Review Alan Moore BA BComm MBA CTA has 40 years' experience in tax: VAT, CAT, Income Tax, Corporation Tax and CGT. He was consultant to Revenue on the Taxes Consolidation Act 1997. He is founder and CEO of Tax World Ltd.
Henry Finlay recounts the transformation of marriage through the eyes of Parliamentarians over the last 100 years, breaking new ground in his account of fundamental changes in modern Australia's attitudes.
This present text has emerged from the lecture notes for a one semester, first year, graduate level course which has been offered yearly since fall 1985 here in the Electrical and Computer Engineering Department at the University of Colorado at Boulder. Enrollment in the course, however, has not been limited to first year graduate electrical engineering students, but has included seniors, as well as more advanced students, from a variety of disciplines including other areas of engineering and physics. Although other Physical Optics texts exist, the most up-to-date ones are written primarily for undergraduate courses. As is discussed in slightly more depth in the introduction in the beginning of Chap ter 1, up-to-dateness is important in a Physical Optics text, as even classical optics has been greatly rejuvenated by the events of the last 30 years, since the demonstration of the laser. The perception of this author is that the needs of a graduate level text are quite different from that of an undergraduate text. At the undergraduate level, one is generally pleased if the student can qualitatively grasp a portion of the concepts presented and have some recollection of where to look them up if need be later in his/her career. A deeper insight is necessary at the graduate level and is generally developed through qualitative analysis of the problems within the subject area.
This detailed exploration of the settlement of Maine beginning in the late eighteenth century illuminates the violent, widespread contests along the American frontier that served to define and complete the American Revolution. Taylor shows how Maine's militant settlers organized secret companies to defend their populist understanding of the Revolution.
Decoded, demythed rendition of Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Includes 2010 Foreword; extensive, clear annotations by a Tulane law professor woven into The Common Law; footnotes with real numbers; and original page cites. Care in detail, proofreading, notes, and formatting, unlike any version made. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus law students, lawyers, and anyone wanting to understand his great book. No previous edition, even in print, has offered annotations. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality, fully linked ePub edition from Quid Pro's Legal Legends Series.
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2023 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Three proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2023.
Written specifically for legal practitioners and students, this book examines the concerns, laws and regulations involved in Electronic Commerce. In just a few years, commerce via the World Wide Web and other online platforms has boomed, and a new field of legal theory and practice has emerged. Legislation has been enacted to keep pace with commercial realities, cyber-criminals and unforeseen social consequences, but the ever-evolving nature of new technologies has challenged the capacity of the courts to respond effectively. This book addresses the legal issues relating to the introduction and adoption of various forms of electronic commerce. From intellectual property, to issues of security and privacy, Alan Davidson looks at the practical changes for lawyers and commercial parties whilst providing a rationale for the underlying legal theory.
US politics today not only introduces the defining features of contemporary American politics but also considers the strengths and weaknesses of a system that is now under serious strain. The book is ideal for students, teaching staff and the general reader. It outlines the ways in which the Constitution shapes the politics of today, surveys the role of the presidency, Congress and the federal courts, and examines processes of political participation through elections, organized interests and parties. It pays particular attention to Barack Obama and Donald Trump's turbulent years in office and the ways in which recent decades have reshaped the US political landscape. US politics today also places the US in a comparative context and considers key theoretical perspectives. In sum, the book not only provides an indispensable introduction to contemporary American politics but establishes a basis for informed commentary and further study.
Should workers ever lose their job because of their political views or affiliations? Should female employees be entitled to wear a headscarf in the workplace for religious reasons? Can it ever be right for an employer to dismiss someone for personal activities undertaken in their leisure time? What restrictions, if any, should be placed on the right to strike ? Engagingly written, this innovative new textbook provides an entry point for exploring these and other topical issues, enabling students to analyse the applicability of human rights to disputes between employers and workers in the UK. It offers an original perspective on the traditional topics of employment law as well as looking in greater depth at new issues, such as employees' use of social media or the enforcement of human rights in the gig economy. Uniquely, the book considers the most important international Conventions that are relevant for the law in the UK, especially the European Convention on Human Rights, the European Social Charter, Conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union. A central question that each of the chapters addresses is whether UK employment law is compatible with human rights law. Each chapter discusses all the key cases drawn from various jurisdictions, including the Court of Justice of the European Union and the European Court of Human Rights. Written by a stellar team of authors, this textbook is an invaluable teaching aid for both postgraduate and undergraduate students studying employment law, human rights, human resource management, and industrial relations.
This comprehensive supplement incorporates the most recent statutory developments in the Federal Rules of Evidence and California Evidence Code. Features of the 2024 Edition: Complete text of the Federal Rules of Evidence, along with Advisory Committee Notes and relevant legislative history. Complete text of the Federal Rules of Evidence rejected by Congress, with Advisory Committee Notes and relevant legislative history. Complete text of the California Evidence Code, along with Law Revision Commission Comments and relevant legislative history. “Truth in Evidence” amendments to the California Constitution, with a summary of their effect on California evidence law. Five proposed amendments to the Federal Rules of Evidence that have now been approved by the Supreme Court and will take effect December 31, 2024.
This title provides students with a concise and analytical overview of what the 'law' means in an international context and an introduction to the main institutions and mechanisms of international law.
This book covers several areas of economic theory and political philosophy from the perspective of Austrian Economics and libertarianism. As such, it deals with Epistemology and Methodology, Microeconomics, Macroeconomics, Labor Economics, International Economics, Political Philosophy, Law and Public Policy, all from the Austro-libertarian perspective. Hence, this book offers an integrated view of libertarianism and Austrian economics in the light of recent debates in the areas of economic science and political philosophy. Moreover, it builds from the foundations of the Austrian approach (epistemology and methodology), while the latter material deals with its application to the individual from the microeconomic perspective, which in turn allows an exploration of subjects in macroeconomics. Additionally, this work applies Austro-libertarianism to law, politics, and public policy. Thus, it offers a unified view of the entire approach, in a logical progression, allowing the readers to judge this perspective in full. Futerman and Block say that their book is not a manual, which I suppose it is not. But it is a collection of highly pertinent essays, from which you can understand what is mistaken in the orthodoxy of economics, law, and politics. The central term of art in Austrian economics is that phrase “human action.” It is the exercise of human will, not the blind bumping of one molecule against another or one organism against another, as in the physical sciences... Futerman and Block distinguish Austrian economics as a scientific enterprise based on liberty of the will from “libertarianism” as an advocacy based on policies implied by such liberty. “Although Austrian economics is positive and libertarianism is normative,” they write, “this book shows how both are related; how each can support the other.” Indeed they do. Deirdre N. McCloskey, PhD UIC Distinguished Professor of Economics and of History Emerita, Professor of English Emerita, Professor of Communication Emerita, University of Illinois at Chicago
In the history of the U.S. Supreme Court, Associate Justice Charles Evans Whittaker (1957-1962) merited several distinctions. He was the only Missourian and the first native Kansan appointed to the Court. He was one of only two justices to have served at both the federal district and appeals court levels before ascending to the Supreme Court. And Court historians have routinely rated him a failure as a justice. This book is a reconsideration of Justice Whittaker, with the twin goals of giving him his due and correcting past misrepresentations of the man and his career. Based on primary sources and information from the Whittaker family, it demonstrates that Whittaker's life record is definitely not one of inadequacy or failure, but rather one of illness and difficulty overcome with great determination. Nine appendices document all aspects of Whittaker's career. Copious notes, a selected bibliography, and two indexes complete a work that challenges the historical assessment of this public servant from Missouri.
The thoroughly revised and updated new 7th edition of this well-established textbook continues to provide a comprehensive introduction to the history, structure, institutions, and policies of the American political system.
What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic from a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited. Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation.
NOW A NEW YORK TIMES, WASHINGTON POST, WALL STREET JOURNAL, USA TODAY, AND PUBLISHERS WEEKLY BESTSELLER. There has never been a more important political investigation than Robert S. Mueller III's into President Donald Trump's possible collusion with Russia. His momentous findings can be found here, complete with: The 300+ pages of the historic report, as released by the Justice Department An introduction by constitutional scholar, eminent civil libertarian, and New York Times bestselling author Alan Dershowitz. The relevant portions of Title 28 of the Code of Federal Regulations, the 1999 provisions written by former acting Solicitor General Neal Katyal, which establish and regulate the powers of the special counsel. Rod Rosenstein’s 2016 order appointing Robert Mueller III as special counsel and outlining the scope of his investigation. Attorney General William Barr’s four-page summary of the report, as sent to Congress. Barr's explanation of the four reasons for redacting the report, and a key for identifying them in the color-coded report The wait is over. Robert Mueller, a lifelong Republican, has concluded his investigation and submitted its findings to Attorney General William Barr. Barr has told Congress that Mueller found no proof of collusion between the Trump campaign and Russia, and did not come to a conclusion on obstruction of justice—neither concluding the president committed a crime nor exonerating him. But Mueller’s report was over 300 pages and Barr’s summary was only four pages, raising questions about the conclusions of a historic investigation. Special Counsel Robert Mueller III’s probe into Russian influence on the 2016 election of Donald Trump—including links between the campaign and Russian interests, obstruction of justice by President Trump, and any other matters that may have arisen in the course of the investigation—has been the focal point of American politics since its inception in May 2017. Democrats in the US House of Representatives hoped to use the report to begin impeachment proceedings, with the support of those critical of the president. Media tracked Mueller’s every move, and the investigation was subject to constant speculation by political pundits everywhere. It resulted in the indictments of Michael Flynn, Paul Manafort, Roger Stone, and many others. President Trump and his supporters affirmed that the investigation was a “witch hunt” and the product of a plot by the political establishment—the “deep state”—to delegitimize his presidency. Mueller’s findings—at least according to Barr—allowed the latter to claim victory. But now, thanks to a subpoena from House Judiciary Committee chairman Jerry Nadler for the full report, a resolution from the House of Representatives to release the full report to the public (though blocked in the Senate by Mitch McConnell), and popular demand, it’s time for public to judge if that is true. The Mueller investigation will join Watergate, and the Mueller Report will join the 9/11 Commission Report, the Warren Report, and the Starr Report, as one of the most important in history. The Mueller Report is required reading for everyone with interest in American politics, for every 2016 and 2020 voter, and every American. It’s now available here as an affordable paperback, featuring an introduction from eminent civil libertarian, Harvard Law Professor Emeritus, and New York Times bestselling author Alan Dershowitz, who provides a constitutional, civil law-based commentary sorely needed in today’s media landscape.
This text has been specifically designed to prepare people with previously limited chemical knowledge for entrance into science related courses (such as Foundation and Access courses) which involve chemistry, in higher education. Until now there have been no texts available for use on these courses and this book fills that gap. Access to Chemistry effectively forms a self-study course, which is split into separate modules and units covering the full spread of concepts required for those needing a basic knowledge of chemistry. The material is presented in a friendly and easy-to-use manner which allows the student to pace their acquisition of knowledge and gain increasing confidence in order to succeed in understanding essential relevant concepts. Other useful features of this book include starter diagnostic tests, worked examples and self study tests (with answers) at the end of each unit. In addition to Access or Foundation course students and their tutors, to whom this book will prove essential, it will have an appeal also as a revision text for those needing a 'refresher' after a break in the subject. In addition, it will be of interest to members of the general public who wish to better educate themselves on chemical matters, as it provides a clear and useful insight into areas such as health, home chemicals, business market trends and gardening.
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