The original CliffsNotes study guides offer a look into key elements and ideas within classic works of literature. CliffsNotes on The Good Earth explores author Pearl S. Buck’s insight into the lives of the Chinese people, particularly the peasant population. Following the story of a Chinese farmer who represents the universal cultivator – one who knows that his riches and security come from the good earth itself, this study guide provides summaries and critical commentaries for each chapter within the novel. Other features that help you figure out this important work include Personal background on the author Introduction to and synopsis of the book In-depth character analyses for the two principal figures, Wang Lung and wife O-Lan Critical essays on the Chinese practices of foot binding and concubinage Review section that features interactive questions and suggested essay topics Classic literature or modern-day treasure — you'll understand it all with expert information and insight from CliffsNotes study guides.
The original CliffsNotes study guides offer a look into key elements and ideas within classic works of literature. CliffsNotes on The Good Earth explores author Pearl S. Buck’s insight into the lives of the Chinese people, particularly the peasant population. Following the story of a Chinese farmer who represents the universal cultivator – one who knows that his riches and security come from the good earth itself, this study guide provides summaries and critical commentaries for each chapter within the novel. Other features that help you figure out this important work include Personal background on the author Introduction to and synopsis of the book In-depth character analyses for the two principal figures, Wang Lung and wife O-Lan Critical essays on the Chinese practices of foot binding and concubinage Review section that features interactive questions and suggested essay topics Classic literature or modern-day treasure — you'll understand it all with expert information and insight from CliffsNotes study guides.
In its third edition (previously entitled Labour Law), Employment Law Core Text has emerged as an extremely valuable student text, providing balanced coverage of the key legislative provisions impacting on employment relationships. Tailored to meet the needs of employment law modules, the authors' straightforward approach ensures that the text guides students concisely through the ever changing legislative maze of employment law. Areas of recent development are clearly highlighted, particularly relating to discrimination and equal pay, which are now chapters in their own right. The chapter summaries, self-test questions, and further reading sections enable students to critically self-test themselves as well as aiding exam preparation.
For decades, the AAA Yearbook on Arbitration & the Law has served as an outstanding source of guidance on legal developments in the field of Alternative Dispute Resolution. In light of that history, the subject matter covered by this 26th edition is remarkable in the extent that it reflects continued and significant breadth in terms of the ADR issues explored. The continued expansion in the use of ADR for increasingly diverse types of disputes has raised important legal and policy questions, the magnitude of which is perhaps most clearly illustrated by the number of arbitration-related cases the Supreme Court of the United States takes up for review. Those matters are considered here, as are other contemporary ADR-related developments such as class action arbitrations and the enforceability of class action waivers. At the same time, the AAA Yearbook details cases that address what are historically some of the most frequently litigated and recurring issues. For example, courts are commonly presented with arbitrability disputes, the related issue of the allocation of authority among arbitrators and the courts, and questions regarding preemption of the Federal Arbitration Act over a state’s arbitration law. Despite decades of court decisions addressing those matters, courts continue to address still-evolving theories and differing fact patterns that can provide further direction and evolution in the law. The thorough coverage in the AAA Yearbook of these matters, in addition to many others, will serve as a valuable source of information to practitioners, academics, arbitrators, and those with an interest in ADR.
Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's gun-control debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in New Zealand. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in New Zealand. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
There are over forty-four million AR-15s and similar semiautomatic rifles owned by Americans. Popular adoption on such a monumental scale is indicative of more than a passing fad; only proven utility through long history creates such lasting—indeed growing—demand. Since the founding of the American republic, rifles—beginning with muzzleloaders and later semiautomatics—have been at the center of American history and pre-history. This book, by renowned historian and attorney Stephen Halbrook, is the definitive account of this centrality of repeating rifles to the American story—from its conception to the present day. Some factions of state and national politicians now seek to remake America in a different, novel image by rushing to ban and restrict access to firearms that have long been our heritage. As Halbrook decisively shows, theirs is a war against the Second Amendment and the tradition of freedom and self-sufficiency that has sustained our storied past. Our rights hang in the balance—not as lone pillars but, history shows, as dominos ready to fall in quick succession. Halbrook comprehensively reviews the historical, legal, and policy arguments advanced by gun prohibitionists and demonstrates that these bans are deeply antagonistic to our history, our interests, and our Constitution.
Written by a team of authors who are not only experienced in resolving construction disputes, but also are known and respected for their expertise in specific areas commonly encountered in construction litigation, Construction Litigation: Representing the Owner is an ideal reference and resource. Intended primarily to assist attorneys, this book also provides a useful desk reference to anyone whose activities touch a long-term contract matters and provides a solid frame-work for understanding how actions may affect this important part of operations.
The U.S. Supreme Court has recognized the individual right to keep and bear arms, but courts in states that have extreme gun control restrictions apply tests that balance the right away. This book demonstrates that the right peaceably to carry firearms is a fundamental right recognized by the text of the Second Amendment and is part of our American history and tradition. Halbrook’s scholarly work is an exhaustive historical treatment of the fundamental, individual right to carry firearms outside of the home. Halbrook traces this right from its origins in England through American colonial times, the American Revolution, the Constitution’s ratification debates, and then through the antebellum and post-bellum periods, including the history surrounding the enactment of the Fourteenth Amendment to the U.S. Constitution. This book is another important contribution by Halbrook to the scholarship concerning the text, history and tradition of the Second Amendment’s right to bear and carry arms.
The Federal Criminal Procedure Litigation Manual 2014 is designed to assist the litigator, judge, and student in understanding the application of the rules in situations that recur in federal criminal trials. The work is up to date reflecting the latest changes and amendments to the Federal Rules along with the latest and most significant cases. The Federal Criminal Procedure Litigation Manual provides a thorough, yet concise, analysis of the Federal Rules of Criminal Procedure. The manual sets out the official text of each rule, followed by a short commentary that focuses on the key issues for each rule. Numbered section headings facilitate quick reference to the pertinent commentary. "Practice Tips" are also included throughout the commentary. The manual provides balanced practice pointers, for both the prosecutor and the defense counsel. Following the commentary, the reader will find lists of additional references. Anyone who has practiced in federal court understands that while the rules of procedure are an important starting point, there are many federal statutes that may have an impact on the trial. Thus, the manual lists selected federal statutes following the commentary. The text also includes references to two leading treatises on the subject of the federal rules of criminal procedure, and where appropriate, to treatises on the federal rules of evidence. Finally, the authors have briefly noted selected leading federal cases that should provide a helpful starting point for further research. In the appendices, the reader will find a complete copy of the Federal Rules of Evidence and Federal Rules of Appellate Procedure.
Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.
A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inference the tort of spoliation discovery sanctions ethics, and routine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.
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