This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today.
Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.
From one of the nation's preeminent experts on economic policy, a major reassessment of the foundations of modern economic thinking that explores the profound influence of an until-now unrecognized force—religion. "Friedman has given us an original and brilliant new perspective on the terrifying divisions of our own times. No book could be more important.” —George A. Akerlof, Nobel Laureate in Economics Critics of contemporary economics complain that belief in free markets—among economists as well as many ordinary citizens—is a form of religion. And, it turns out, that in a deeper, more historically grounded sense there is something to that idea. Contrary to the conventional historical view of economics as an entirely secular product of the Enlightenment, Benjamin M. Friedman demonstrates that religion exerted a powerful influence from the outset. Friedman makes clear how the foundational transition in thinking about what we now call economics, beginning in the eighteenth century, was decisively shaped by the hotly contended lines of religious thought within the English-speaking Protestant world. Beliefs about God-given human character, about the after-life, and about the purpose of our existence, were all under scrutiny in the world in which Adam Smith and his contemporaries lived. Friedman explores how those debates go far in explaining the puzzling behavior of so many of our fellow citizens whose views about economic policies—and whose voting behavior—seems sharply at odds with what would be to their own economic benefit. Illuminating the origins of the relationship between religious thinking and economic thinking, together with its ongoing consequences, Friedman provides invaluable insights into our current economic policy debates and demonstrates ways to shape more functional policies for all citizens.
From the author of Day of Reckoning, the acclaimed critique of Ronald Reagan’s economic policy (“Every citizen should read it,” said The New York Times): a persuasive, wide-ranging argument that economic growth provides far more than material benefits. In clear-cut prose, Benjamin M. Friedman examines the political and social histories of the large Western democracies–particularly of the United States since the Civil War–to demonstrate the fact that incomes on the rise lead to more open and democratic societies. He explains that growth, rather than simply a high standard of living, is key to effecting political and social liberalization in the third world, and shows that even the wealthiest of nations puts its democratic values at risk when income levels stand still. Merely being rich is no protection against a turn toward rigidity and intolerance when a country’s citizens lose the sense that they are getting ahead. With concrete policy suggestions for pursuing growth at home and promoting worldwide economic expansion, this volume is a major contribution to the ongoing debate about the effects of economic growth and globalization.
Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.
Examines the impact of social forces on the legal system and how the rules and orders promulgated by that legal system affect social behavior. Dr. Friedman explores the relationship between class structure and the work of legal systems in the light of the existing literature and analyzes the influence of the cultural elements contained in a legal system. In a comprehensive analysis of the concept of legal culture, the author sheds new light on the development of our legal norms and the types of legal systems which prevail in a democracy.
This is the fifth edition of a very successful textbook on clinical trials methodology, written by recognized leaders who have long and extensive experience in all areas of clinical trials. The three authors of the first four editions have been joined by two others who add great expertise. A chapter on regulatory issues has been included and the chapter on data monitoring has been split into two and expanded. Many contemporary clinical trial examples have been added. There is much new material on adverse events, adherence, issues in analysis, electronic data, data sharing and international trials. This book is intended for the clinical researcher who is interested in designing a clinical trial and developing a protocol. It is also of value to researchers and practitioners who must critically evaluate the literature of published clinical trials and assess the merits of each trial and the implications for the care and treatment of patients. The authors use numerous examples of published clinical trials to illustrate the fundamentals. The text is organized sequentially from defining the question to trial closeout. One chapter is devoted to each of the critical areas to aid the clinical trial researcher. These areas include pre-specifying the scientific questions to be tested and appropriate outcome measures, determining the organizational structure, estimating an adequate sample size, specifying the randomization procedure, implementing the intervention and visit schedules for participant evaluation, establishing an interim data and safety monitoring plan, detailing the final analysis plan and reporting the trial results according to the pre-specified objectives. Although a basic introductory statistics course is helpful in maximizing the benefit of this book, a researcher or practitioner with limited statistical background would still find most if not all the chapters understandable and helpful. While the technical material has been kept to a minimum, the statistician may still find the principles and fundamentals presented in this text useful.
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
In a panoramic history of our criminal justice system from Colonial times to today, one of our foremost legal thinkers shows how America fashioned a system of crime and punishment in its own image.
Whether enemy or ally, demon or god, the source of satisfaction or the root of all earthly troubles, the penis has forced humanity to wrestle with its enduring mysteries. Here, in an enlightening and entertaining cultural study, is a book that gives context to the central role of the penis in Western civilization. A man can hold his manhood in his hand, but who is really gripping whom? Is the penis the best in man -- or the beast? How is man supposed to use it? And when does that use become abuse? Of all the bodily organs, only the penis forces man to confront such contradictions: something insistent yet reluctant, a tool that creates but also destroys, a part of the body that often seems apart from the body. This is the conundrum that makes the penis both hero and villain in a drama that shapes every man -- and mankind along with it. In A Mind of Its Own, David M. Friedman shows that the penis is more than a body part. It is an idea, a conceptual but flesh-and-blood measuring stick of man's place in the world. That men have a penis is a scientific fact; how they think about it, feel about it, and use it is not. It is possible to identify the key moments in Western history when a new idea of the penis addressed the larger mystery of man's relationship with it and changed forever the way that organ was conceived of and put to use. A Mind of Its Own brilliantly distills this complex and largely unexamined story. Deified by the pagan cultures of the ancient world and demonized by the early Roman church, the organ was later secularized by pioneering anatomists such as Leonardo da Vinci. After being measured "scientifically" in an effort to subjugate some races while elevating others, the organ was psychoanalyzed by Sigmund Freud. As a result, the penis assumed a paradigmatic role in psychology -- whether the patient was equipped with the organ or envied those who were. Now, after being politicized by feminism and exploited in countless ways by pop culture, the penis has been medicalized. As no one has before him, Friedman shows how the arrival of erection industry products such as Viagra is more than a health or business story. It is the latest -- and perhaps final -- chapter in one of the longest sagas in human history: the story of man's relationship with his penis. A Mind of Its Own charts the vicissitudes of that relationship through its often amusing, occasionally alarming, and never boring course. With intellectual rigor and a healthy dose of wry humor, David M. Friedman serves up one of the most thought-provoking, significant, and readable cultural works in years.
In this compelling book, Lawrence M. Friedman looks at situations where killing is condemned by law but not by social norms and, therefore, is rarely punished. He shows how penal codes categorize homicides by degree of intent, which are in turn based on society's sense of moral outrage. Despite being officially defined as murder, many homicides have historically gone unpunished. Friedman looks at early vigilante justice, crimes of passion, murder of necessity, mercy killings, and assisted suicides. In his explorations of these unpunished homicides, Friedman probes what these circumstances tell us about conflicts in social and cultural norms, and the interaction of law and society.
Modern technology has radically and irretrievably altered our sense of identity and hence our social, political, and legal life, argues Lawrence M. Friedman in this bold new book. In traditional societies, he explains, relationships and identities were strongly vertical: there was a clear line of authority from top to bottom, and identity was fixed by one's birth or social position. But in modern society, identity and authority have become much more horizontal: people feel freer to choose who they are and to form relationships on a plane of equality. Friedman examines how modern life centers on human identity seen in terms of race, gender, ethnicity, and religion, and how this new way of defining oneself affects politics, social structure, and the law. Our horizontal society, he says, is the product of the mass media-in particular, television-which break down the isolation of traditional life and allow individuals to connect with like-minded others across barriers of space and time. As horizontal groups blossom, loyalties and allegiances to smaller groups fragment what seemed to be the unity of the larger nation. In addition, the media's ability to spread a global mass culture causes a breakdown of cultural isolation that leads to more immigration and heavy pressure on the laws and institutions of citizenship and immigration.
Contract law as applied in the real world and not just in the law books: the classic study of the social and economic realities of contracts in commercial and trade cases, told through case studies and rich historical analysis. A recognized and oft-cited study in law & society, this volume previously hid out as a rare book or was completely unavailable. Now readily accessible and reasonably priced, it also features a new preface by the author and a new, analytical foreword by Stewart Macaulay.
A complete guide on all aspects of the development, management and analysis of clinical research for young established clinical investigators across all disciplines of medicine. The new edition includes a chapter on Meta-analysis and revised information on data monitoring, subgroup analysis, quality of life, pilot studies and run-ins.
An official publication of the Association for Professionals in Infection Control and Epidemiology, Inc. (APIC), the highly successful Infection Control in Home Care and Hospice helps home care providers assess the infection control needs of their organization, and develop home care infection and surveillance programs. The Second Edition has been thoroughly updated and revised with the latest CDC Guidelines on infection control in home care, including Hand Hygiene, Prevention of IV-related Infections, and the 2004 Isolation Guideline.
Many historians of U.S. foreign relations think of the post-World War II period as a time when the United States, as an anti-colonial power, advocated collective security through the United Nations and denounced territorial aggrandizement. Yet between 1945 and 1947, the United States violated its wartime rhetoric and instead sought an imperial solution to its postwar security problems in East Asia by acquiring unilateral control of the western Pacific Islands and dominating influence throughout the entire Pacific Basin. This detailed study examines American foreign policy from the beginning of the Truman Administration to the implementation of Containment in the summer and fall of 1947. As a case study of the Truman Administration's Early Cold War efforts, it explores pre-Containment policy in light of U.S. security concerns vis-a-vis the Pearl Harbor Syndrome. The American pursuit of a secure Pacific Basin was inconsistent at the time with its foreign policy toward other areas of the world. Thus, the consolidation of power in this region was an exception to the avowed goal of a multilateral response to the policies of the Soviet Union. This example of national or strategic security went much further than simple military control; it included the cultural assimilation of the indigenous population and the unilateral exclusion of all other powers. Analyzing traditional archival records in a new light, Friedman also investigates the persisting American notions of a Westward moving frontier that stretches beyond North American territorial bounds.
Provides information to home care and hospice organizations for the prevention, control, and surveillance of infection. Thirteen chapters cover topics including infection control as a health care discipline; the infectious disease process; patient care practices; infection control in home infusion t
In 2010, 15 percent of Americans older than age 70 had dementia. By 2050, the number of new dementia cases among those 65 and older is expected to double. This blueprint outlines policy options to help decisionmakers improve dementia long-term services and supports (LTSS) by promoting earlier detection, improving access to LTSS, promoting person- and caregiver-centered care, supporting caregivers, and reducing dementia LTSS costs.
His historic career as an aviator made Charles Lindbergh one of the most famous men of the twentieth century, the subject of best-selling biographies and a hit movie, as well as the inspiration for a dance step—the Lindy Hop—that he himself was too shy to try. But for all the attention lavished on Lindbergh, one story has remained untold until now: his macabre scientific collaboration with Dr. Alexis Carrel. This oddest of couples—one a brilliant Nobel Prize-winning surgeon turned social engineer, the other a failed dirt farmer turned hero of the skies—joined forces in 1930 driven by a shared and secret dream: to conquer death and attain immortality. Part Frankenstein, part The Professor and the Madman, and all true, The Immortalists is the remarkable story of how two men of prodigious achievement and equally large character flaws challenged nature's oldest rule, with consequences—personal, professional, and political—that neither man anticipated.
It is a widely held belief today that there are too many lawsuits, too many lawyers, too much law. As readers of this engaging and provocative essay will discover, the evidence for a "litigation explosion" is actually quite ambiguous. But the American legal profession has become extremely large, and it seems clear that the scope and reach of legal process have indeed increased greatly. How can we best understand these changes? Lawrence Friedman focuses on transformations in American legal culture—that is, people's beliefs and expectations with regard to law. In the early nineteenth century, people were accustomed to facing sudden disasters (disease, accidents, joblessness) without the protection of social and private insurance. The uncertainty of life and the unavailability of compensation for loss were mirrored in a culture of low legal expectations. Medical, technical, and social developments during our own century have created a very different set of expectations about life, again reflected in our legal culture. Friedman argues that we are moving toward a general expectation of total justice, of recompense for all injuries and losses that are not the victim's fault. And the expansion of legal rights and protections in turn creates fresh expectations, a cycle of demand and response. This timely and important book articulates clearly, and in nontechnical language, the recent changes that many have sensed in the American legal system but that few have discussed in so powerful and sensible a way. Total Justice is the third of five special volumes commissioned by the Russell Sage Foundation to mark its seventy-fifth anniversary.
The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.
How religious thinking was—and remains—a central influence shaping economics. The conventional view of economics is that the field was a product of the Enlightenment and, therefore, bore no relation to religious ideas. But is this true? In Religious Influences on Economic Thinking, Benjamin Friedman shows that religious thinking was, in fact, a powerful force in shaping the initial development of modern Western economics and that it has remained an influence on economic thinking ever since. Friedman argues that an important influence enabling the insights of Adam Smith and his contemporaries was the new and highly controversial line of religious thinking at that time in the English-speaking Protestant world. Friedman explains that the influence of religious thinking on modern economic thought at the field’s inception established resonances that have persisted through the subsequent centuries, even as the economic context has evolved and the questions economists ask have shifted along with it. Because we are largely not conscious of these influences, neither in the past nor as they are at work today, we are sometimes puzzled when we stumble across evidence of them—for example, in the otherwise hard-to-explain attitudes that many of our fellow citizens express on issues like estate taxes, business regulation, and environmental restrictions. But they are still at work. Understanding them can only enhance the economics profession’s capacity to contribute to our ongoing public discussion of the important questions on which the discipline so usefully bears.
From the authors of "Fundamentals of Clinical Trials" which has sold over 15,000 copies world wide since its publication in 1998. No competition yet as the text does not focus on how to do clinical trials but on very specific situations that can be encountered during the process.
B. Capital Requirements -- C. Machinery -- D. Labor -- E. Management -- 1. The Organization Of Industry -- 2. Lack Of Experience -- 3. Lack Of Engineers -- 4. Training Of Russian Engineers -- 5. Attitude Toward Bourgeois Engineers -- a. Conciliation of Bourgeois Engineers -- b. Reasons for Reversal of Attitude -- c. Results of the New Policy -- 6. Penalties vs. Initiative -- 7. Foreign Technical AID -- a. Benefits -- b. Difficulties -- c. Remedies Proposed -- d. Suspension -- F. Foreign Contracts -- 1. American Corporation Contracts -- 2. Magnitogorsk Steel Plant -- 3. Foreign Concessions -- 4. Contracts With Individuals -- 5. Comments And Recommendations Of Foreign Engineers -- G. Scientific Management Or Rationalization -- 1. Methods -- 2. Establishment Of Wage Rates -- a. Piece Work and Bonuses -- b. Errors in Rate Making -- 3. Trade-Union Attitude -- 4. The Five-Day Week -- a. Theory -- b. Practice -- c. Stalin's Views -- d. Abandonment of the Five-Day Week -- 5. Automatic Devices -- 6. Lack Of An Efficient Spirit -- 7. Poor Planning And Inadequate Routing -- 8. Typical Situations -- a. Stalingrad Tractor Plant -- b. Magnitogorsk Steel Plant -- c. Rostov Agricultural Machinery Plant -- d. Nizhni Novgorod Automobile Plant -- e. Electric Power Plants -- f. The "Giant Plants" Don't Work! -- 9. Remedies -- a. Reduce Investigations -- b. "Towing" by "Shock Brigades" -- c. Management by Government Fiat -- d. Restoration of Small Industry -- e. Recommendations of American Engineers -- H. High Cost Of Production -- 1. Breakdown Of Machinery -- I. Quality Of Production -- 1. The Facts -- 2. Causes Of Poor Quality -- 3. Results -- 4. Remedies -- J. Accounting System -- 1. Income Accounts -- 2. Distribution Of Industrial Profits -- K. Capitalistic Aspects -- L. Remedies -- 1. Decentralization -- 2. Highly Paid Executives -- 3. Foreign AID.
During her lifetime, Myra Bradwell (1831-1894) - America's first woman lawyer as well as publisher and editor-in-chief of a prestigious legal newspaper - did more to establish and aid the rights of women and other legally handicapped people than any other woman of her day. Her female contemporaries - Susan B. Anthony, Elizabeth Cady Stanton, Lucy Stone - are known to all. Now it is time for Myra Bradwell to assume her rightful place among women's rights leaders of the nineteenth century. With author Jane Friedman's discovery of previously unpublished letters and valuable documents, Bradwell's fascinating story can at last be told.In a 1982 opinion, Justice Sandra Day O'Connor cited Myra Bradwell's hard-fought, successful campaign (culminating in 1869) to practice law, but few who read that opinion recognized Bradwell's name. In this work, Friedman reintroduces Bradwell, a feminist and long-term editor/publisher of the weekly Chicago Legal News. Friedman's accounts of Bradwell's fight to secure Mary Todd Lincoln's release from an asylum and her efforts on behalf of women's equality in various occupations are thoroughly absorbing, as are discussions of Bradwell's controversies concerning Elizabeth Cady Stanton and Susan B. Anthony. This book restores an important figure to her rightful place in American history and indicates that even an imperfect human being can be a splendid role model. Highly recommended. -Library Journal[This] biography of Myra Bradwell contributes to a new and growing interest in the history of women in the legal profession . . . Although she lost in the Superme Court in 1873, the agitation her case provoked led to important reforms, and several states, including Illinois, passed legislation allowing women to practice law . . . Friedman has uncovered some interesting letters from Susan B. Anthony to Bradwell that help to place Bradwell at the center of the nineteenth-century women's rights movement and that reveal the strained relationship between these two influential women. -American History ReviewExcellent reading for those who wish to learn more about a woman who struggled to open up the legal profession to women. -Women & Criminal Justice
Focusing on a single county at a time when the population grew from 24,000 to 246,000, the authors combine statistical analysis of documentary sources, contemporary newspaper accounts, and exploration in criminal case files to give a detailed reconstruction of the operations of the county's entire criminal justice system. By tracing the process from arrest to trial, sentencing, and punishment, this study will have a profound effect on our perception of American criminal justice. Originally published in 1981. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
There may be areas of human life in which people have profited from understanding history, but criminal justice is definitely not one of them. In this field, each generation seems to undo the last generation's reforms. Each generation resurrects old failures and trots them out as new. A previous generation hailed indeterminate sentencing as a great
TRB's Commercial Truck and Bus Safety Synthesis Program (CTBSSP) Synthesis 2: Security Measures in the Commercial Trucking and Bus Industries addresses key security threats to the commercial trucking and bus industries, risk management techniques available to assess potential threats, employee/driver hiring procedures, and more.
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