The remarkable life of a lawyer at the forefront of civil and human rights since the 1960s By the time he was 26, Michael Tigar was a legend in legal circles well before he would take on some of the highest-profile cases of his generation. In his first US Supreme Court case—at the age of 28—Tigar won a unanimous victory that freed thousands of Vietnam War resisters from prison. Tigar also led the legal team that secured a judgment against the Pinochet regime for the 1976 murders of Pinochet opponent Orlando Letelier and his colleague Ronni Moffitt in a Washington, DC car bombing. He then worked with the lawyers who prosecuted Pinochet for torture and genocide. A relentless fighter of injustice—not only as a human rights lawyer, but also as a teacher, scholar, journalist, playwright, and comrade—Tigar has been counsel to Angela Davis, Jamil Abdullah Al-Amin (H. Rap Brown), the Chicago Eight, and leaders of the Black Panther Party, to name only a few. It is past time that Michael Tigar wrote his memoir. Sensing Injustice: A Lawyer's Life in the Battle for Change is a vibrant literary and legal feat. In it, Tigar weaves powerful legal analysis and wry observation through the story of his remarkable life. The result is a compelling narrative that blends law, history, and progressive politics. This is essential reading for lawyers, for law students, for anyone who aspires to bend the law toward change.
Against a backdrop of seven hundred years of bourgeois struggle, eminent lawyer and educator, Michael E. Tigar, develops a Marxist theory of law and jurisprudence based upon the Western experience. This well-researched and documented study traces the role of law and lawyers in the European bourgeoisies's conquest of power and in the process complements the analyses of such major figures as R.H. tawney and Max Weber. Using a wide frange of primary sources, Tigar demonstrates that the legal theory of insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution.
An analysis of the mythologies that influence the American legal system “Mythologies,” writes veteran human rights lawyer Michael Tigar, “are structures of words and images that portray people, institutions, and events in ways that mask an underlying reality.” For instance, the “Justice Department” appears, by its very nature and practice, to appropriate “justice” as the exclusive property of the federal government. In his brilliantly acerbic collection of essays, Tigar reveals, deconstructs, and eviscerates mythologies surrounding the U.S. criminal justice system, racism, free expression, workers’ rights, and international human rights. Lawyers confront mythologies in the context of their profession. But the struggle for human liberation makes mythology-busting the business of all of us. The rights we have learned to demand are not only trivialized in our current system of social relations; they are, in fact, antithetical to that system. With wit and eloquence, Michael Tigar draws on legal cases, philosophy, literature, and fifty-years’ experience as an attorney, activist, and teacher to bust the mythologies and to argue for real change.
Against a backdrop of seven hundred years of bourgeois struggle, eminent lawyer and educator, Michael E. Tigar, develops a Marxist theory of law and jurisprudence based upon the Western experience. This well-researched and documented study traces the role of law and lawyers in the European bourgeoisies's conquest of power and in the process complements the analyses of such major figures as R.H. tawney and Max Weber. Using a wide frange of primary sources, Tigar demonstrates that the legal theory of insurgent bourgeoisie predated the Protestant Reformation and was a major ideological ingredient of the bourgeois revolution.
Written by one of the top trial lawyers alive today, this is Michael Tigar's look at how government through history has responded to terrorism, with an analysis of our own government's response to the attacks of 9/11, particularly in regard to our own civil liberties. When does safety at any cost undermine the very basis for our republic? This book is a must-read for anyone concerned with the state of our civil liberties today.
In "Fighting Injustice", famed trial attorney Michael E. Tigar describes the battles - both inside and outside the courtroom - that have made him one of the world's most courageous defenders of personal freedoms. From his days as a student leader at the University of California at Berkeley in the early 1960s to his representation of Terry Nichols, the Oklahoma City federal building bombing conspirator, Tigar has championed personal rights and freedoms and has come to the aid of countless defendants in need of representation, regardless of the unpopularity of the cause.
The remarkable life of a lawyer at the forefront of civil and human rights since the 1960s By the time he was 26, Michael Tigar was a legend in legal circles well before he would take on some of the highest-profile cases of his generation. In his first US Supreme Court case—at the age of 28—Tigar won a unanimous victory that freed thousands of Vietnam War resisters from prison. Tigar also led the legal team that secured a judgment against the Pinochet regime for the 1976 murders of Pinochet opponent Orlando Letelier and his colleague Ronni Moffitt in a Washington, DC car bombing. He then worked with the lawyers who prosecuted Pinochet for torture and genocide. A relentless fighter of injustice—not only as a human rights lawyer, but also as a teacher, scholar, journalist, playwright, and comrade—Tigar has been counsel to Angela Davis, Jamil Abdullah Al-Amin (H. Rap Brown), the Chicago Eight, and leaders of the Black Panther Party, to name only a few. It is past time that Michael Tigar wrote his memoir. Sensing Injustice: A Lawyer's Life in the Battle for Change is a vibrant literary and legal feat. In it, Tigar weaves powerful legal analysis and wry observation through the story of his remarkable life. The result is a compelling narrative that blends law, history, and progressive politics. This is essential reading for lawyers, for law students, for anyone who aspires to bend the law toward change.
While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
An analysis of the mythologies that influence the American legal system “Mythologies,” writes veteran human rights lawyer Michael Tigar, “are structures of words and images that portray people, institutions, and events in ways that mask an underlying reality.” For instance, the “Justice Department” appears, by its very nature and practice, to appropriate “justice” as the exclusive property of the federal government. In his brilliantly acerbic collection of essays, Tigar reveals, deconstructs, and eviscerates mythologies surrounding the U.S. criminal justice system, racism, free expression, workers’ rights, and international human rights. Lawyers confront mythologies in the context of their profession. But the struggle for human liberation makes mythology-busting the business of all of us. The rights we have learned to demand are not only trivialized in our current system of social relations; they are, in fact, antithetical to that system. With wit and eloquence, Michael Tigar draws on legal cases, philosophy, literature, and fifty-years’ experience as an attorney, activist, and teacher to bust the mythologies and to argue for real change.
Written by one of the top trial lawyers alive today, this is Michael Tigar's look at how government through history has responded to terrorism, with an analysis of our own government's response to the attacks of 9/11, particularly in regard to our own civil liberties. When does safety at any cost undermine the very basis for our republic? This book is a must-read for anyone concerned with the state of our civil liberties today.
Michael Tigar, of Washington, D.C., is widely regarded as a top trial lawyer. In this book, Tigar reflects on the principles of action that are needed in litigation and in life. Anyone wishing to communicate and lead effectively will find this to be a valuable resource
This book offers answers to essential questions about the border between the United States and Mexico and connected issues that are accessible to readers interested in immigration, border security, and U.S.-Mexico relations. Comprising seven chapters, The U.S.-Mexico Border: A Reference Handbook surveys the complex topic for students and readers. Chapter 1 discusses the political, social, and economic contexts in which the border came to exist. Chapter 2 discusses problems, controversies, and proposed solutions. Chapter 3 consists of original essays contributed by outside scholars, complementing the perspective and expertise of the author. Chapter 4 profiles major organizations and people who, as stakeholders in border politics, drive the agenda on the issue. Chapter 5 presents data and documents on the topic, giving readers the ability to analyze the facts. Chapter 6 provides additional resources that the reader may wish to consult, such as books, journal articles, and films. Chapter 7 provides a detailed chronology of important events, and the book closes with a useful glossary of key terms used throughout the book and a comprehensive subject index.
Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Manual Handling in Health and Social Care is written for all those involved in the manual handling of adults or children - including those carrying it out, assessors, managers and commissioners. It lays out the current legal requirements in a non-technical way and includes case studies illustrating the law applied in practice, across health, social care and sometimes educational settings. The book applies to England, Scotland, Wales and Northern Ireland. An extended introduction sets out challenges, past, present and future, including safety, balancing risk with duties to meet people's needs, human rights, avoidance of blanket policies, mental capacity, safeguarding, the limited resources of statutory services and single-handed care. It also considers some of the legal implications of increased use of technology (including remote assessment), as well as the "mechanisation" of care and its application to manual handling. The main part of the book is in the form of an A-Z guide, providing quick access to relevant legislation and common law (negligence) rules applying to personal injury cases. It covers also, extensively, judicial review legal challenges to decisions, when people and their families disagree with manual handing decisions that have been made. In addition, relevant ombudsman cases are included. The book will be essential reference for staff and managers in health and social care settings, students, legal professionals and all those working to ensure good practice and compliance with the law.
DIVRethinks the history of classical political economy by assessing the Marxian idea of “primitive accumulation,” the process by which a propertyless working class is created./div
Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
On the first anniversary of Donald Trump’s presidency, Michael Nelson, one of our finest and most objective presidential scholars, published Trump’s First Year, a nonpartisan assessment that was widely hailed as the best account of one of the most unusual years in presidential history. At the midpoint of Trump’s term, Nelson has updated his book to include the second year, which if anything has proven to be even more remarkable. Beginning with an examination of the dramatic 2016 election, Nelson’s book follows Trump as he takes office under mostly favorable conditions, with relative stability at home and abroad and his party in control of both houses of Congress. Trump leveraged this successfully in some ways, from the confirmation of his nominee Neil Gorsuch to the Supreme Court to the passage of his tax-reform bill. But many more actions were perceived as failures or even threats to a safe, functional democracy, including immigration policies defied by state and local governments, volatile dealings with North Korea, unsuccessful attempts to pass major legislation, and the inability to fill government positions or maintain consistent White House staff. As Nelson demonstrates in a substantial addition to the original book, Trump’s effectiveness, or lack thereof, did not change significantly in his second year in office, but his approach often did. With the Mueller investigation and the midterm elections looming, Trump threw off his advisors’ restraints and acted more directly on his impulses, reverting to the instincts and rhetoric that had won him the election. While opposition to Trump remained strong in many quarters, resistance among GOP leaders crumbled as they were confronted with their constituents’ support of the president. Published on the second anniversary of Trump’s inauguration, Nelson’s book offers the most complete and up-to-date assessment of this still-unfolding story. Praise for the first edition: "Measured, scholarly, and always accessible, this is a cogent analysis of the first year of the Trump presidency."--the Independent " Trump’s First Year won't generate the bombshell headlines of more sensationalist and gossipy books, but it provides context and balance for its conclusions, ones that are consistently at odds with Trump's own assessment of his performance."--Kirkus Reviews "Providing one of the earliest objective evaluations of President Donald J. Trump’s administration, Nelson demonstrates why he remains a leading figure in the field of presidency studies."--Choice
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
Lawyers regularly take the lead in polls as the most unpopular of all professions, ahead, even, of bankers and journalists. But the lawyers featured in this book are different. The stories they tell and the cases they fought are admirable and often inspiring. They devoted their careers to representing victims of injustice rather than the rich and the privileged. Their clients included Martin Luther King and Angela Davis, the prisoners in the infamous massacre at Attica, people who suffered torture, police abuse, mass arrests, and segregation. They held the system to its promises of freedom of speech and assembly, the right to privacy, and equal justice for all, often exposing the ultimate incompatibility of democracy with capitalism. Combining profiles with engaging interviews, Lawyers for the Left will be of interest to progressives inside the legal profession, as well as a wider left increasingly aware that legal challenges are important in putting the brakes on an administration veering sharply to the right. It will also disabuse those who believe that God only invented lawyers so that politicians would have someone to look down upon.
In 2004, Michael Burawoy challenged sociologists to move beyond the ivory tower and into the realm of activism, to engage in public discourses about what society could or should be. His call to arms sparked debate among sociologists. Which side would sociologists take? Would "public sociology" speak for all sociologists? In this volume, leading Canadian experts continue the debate by discussing their discipline's mission and practice and the role that ethics plays in research, theory, and teaching. In doing so, they offer insights as to where their discipline is heading and why it matters to people inside and outside the university.
This pioneering work addresses a key issue that confronts all industrialised nations: How do we organise healthcare services in accordance with fundamental human rights, whilst competing with scientific and technological advances, powerful commercial interests and widespread public ignorance? "The Nature of Health" presents a coherent, affordable and logical way to build a healthcare system. It argues against a health system fixated on the pursuit of longevity and suggests an alternative where the ability of an individual to function in worthwhile relationships is a better, more human goal. By reviewing the etymology, sociology and anthropology of health, this controversial guide examines the meaning of health, and proves how a community-centred healthcare system improves local economy, creates social capital and is affordable, rational, personal, and just. "This is badly needed nourishment for a medical system glutted on technology, individualism, profit and the pursuit of longevity. Read and be fed." - Christopher Koller, Health Insurance Commissioner, The State of Rhode Island, USA. "Unique. Surprising. A real eye-opener. Just about everyone who doesn't have a vested financial interest in maintaining the status quo will agree that U.S. healthcare is badly broken. [This book] is making it possible for us to refocus from how to provide healthcare to how to achieve health. Their description of health as successful functioning in community, rather than as a measure of longevity is a definition that can make a reader feel healthier as they take gradually appreciate the power of the concept. On this foundation, it is not as hard as one might think to outline a healthcare system that is equitable, affordable and achievable." - Alexander Blount EdD, Professor of Family Medicine, University of Massacusetts Medical Center.
Over 3,200 entries An essential guide to authors and their works that focuses on the general canon of British literature from the fifteenth century to the present. There is also some coverage of non-fiction such as biographies, memoirs, and science, as well as inclusion of major American and Commonwealth writers. This online-exclusive new edition adds 60,000 new words, including over 50 new entries dealing with authors who have risen to prominence in the last five years, as well as fully updating the entries that currently exist. Each entry provides details of a writer's nationality and birth/death dates, followed by a listing of their titles arranged chronologically by date of publication.
ALASKA SHIPWRECKS 1750-2015 is an encyclopedic accounting of all shipwrecks and losses of life in the Alaska Marine environment. Compiled and written by Captain Warren Good with research assistance and extensive consultation provided by maritime historian Michael Burwell this book is filled with a wealth of information for those interested in Alaska maritime history and the multitude of associated tragedies. Included are details of all known wrecks including vessel information, crew member and passenger names, locations, first hand descriptions of events and sources of all information. In addition, comprehensive comments by Captain Warren Good further elaborate on the location and disposition of many of the disasters.
This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.
The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
Interwar Halifax was a city in flux, a place where citizens debated adopting new ideas and technologies but agreed on one thing -- modernity was corrupting public morality and unleashing untold social problems on their fair city. To create a bulwark against further social dislocation, citizens, policy makers, and officials modernized the city’s machinery of order -- courts, prisons, and the police force -- and placed greater emphasis on crime control. These tough-on-crime measures, Boudreau argues, did not resolve problems but rather singled out ethnic minorities, working-class men, and female and juvenile offenders as problem figures in the eternal quest for order.
A discussion of various types of capitalism and the evolution of the firm. The book examines the concept of the firm in the context of class conflict and considers markets as an impediment to economic process. Finally the book examines the use of computer software as a public good.
Despite the fact that many countries target highly skilled migrants for recruitment in the global labour market, few of those migrants are able to take full advantage of their educational and professional qualifications in their new homes. Work in Transition examines this paradox, using extended narrative interviews that focus on the role that cultural capital plays in the labour market. Comparing the migrant experience in Germany, Canada, and Turkey, Work in Transition shows how migrants develop their cultural capital in order to enter the workforce, as well as how failure to leverage that capital can lead to permanent exclusion from professional positions. Exposing the mechanisms that drive inclusion and exclusion for migrants from a transatlantic comparative perspective, this book provides a unique analytical approach to an increasingly important global issue.
The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.
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