Download or read book Beyond a Reasonable Doubt written by Alan M. Dershowitz and published by Phoenix Books. This book was released on 2006-11-01 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This phrase, heard countless times every day in American courtrooms across the country, sets forth the burden of proof placed upon the prosecution in a criminal trial. Yet this cherished principle is not mentioned in the Constitution, nor is it defined by any laws. What, then, does “beyond a reasonable doubt” really mean, and how should it be interpreted and applied? In Beyond a Reasonable Doubt more than 80 distinguished contributors reflect on what this standard really means and how it is applied. Brilliantly dissecting its meaning from every angle, attorneys, judges, novelists, journalists, religious leaders and convicted felons shine a light on the most compelling standard in our legal system.
Download or read book State Farm Mutual Automobile Insurance Company V Campbell 2003 written by United States. Supreme Court and published by . This book was released on 2004 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Beyond Compliance written by Alfred Allen Marcus and published by . This book was released on 2006 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proving and Defending Damage Claims written by James Joseph Brown and published by Wolters Kluwer. This book was released on 2007-01-01 with total page 1336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection
Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2013 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Companion to the United States Constitution and Its Amendments written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2021-10-11 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was—and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society—including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government.
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Download or read book Off and Running written by Angela C. Arey and published by Aspen Publishing. This book was released on 2014-12-09 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Off and Running is a unique text for the first semester of the 1L legal writing and research course, designed to guide students through their development of the essential skills needed to practice law. Using a single, classroom-tested fact pattern, the authors demonstrate in concrete steps how a first-year associate might approach a legal problem. Students practice these steps and skills on other fact patterns, as they read about this fictional associate. Using this fresh approach and a plain-English writing style, the authors introduce essential concepts and skills related to objective legal writing and legal research, with a particular emphasis on the professional and ethical representation of clients. Students learn how to think like a lawyer. Features: Fully integrated coursebook for first semester of 1L LRW course. Integrates research, analysis, and writing. Emphasis on how skills relate to the practice of law, with focus on both litigation and transactional applications. Professionalism and ethics discussions, including "ethics alert" boxes, are integrated throughout the text. Presents one classroom-tested fact pattern to demonstrate how to i.d. the issues in the fact pattern, use legal resources to research those issues, and use the research results to write documents such as an objective memorandum and a client letter. Professors may assign different fact patterns, set in other jurisdictions, to have students demonstrate their skills. They may also assign a closed-universe problem during the early weeks of the semester. Other chapters cover an overview of the U.S. legal system, the basics of grammar, punctuation and style; how to use e-mail effectively; and incorporating LW principles into litigation and transactional documents. Book takes a streamlined approach, focusing on the essentials and using plain English, in order to remain accessible to students
Download or read book The Full Faith and Credit Clause written by William Reynolds and published by Bloomsbury Publishing USA. This book was released on 2005-04-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause—those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.
Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Download or read book 108 1 Hearing Potential Congressional Responses to The Supreme Court s Decision In State Farm Mutual Automobile Ins Co V Campbell Etc Serial No 48 September 23 2003 written by and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy at the Margins written by Scott Skinner-Thompson and published by Cambridge University Press. This book was released on 2020-11-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
Download or read book Encyclopedia of the Supreme Court Second Edition written by David Schultz and published by Infobase Holdings, Inc. This book was released on 2021-09-01 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; recommended for all academic and public libraries."—Library Journal "...achieves the goal of presenting a serious overview of the Supreme Court."—Booklist "At its reasonable price this title should be found in every American library, public as well as academic. It should also be purchased by every high school library, no matter how small the school body may be."—American Reference Books Annual From the structure of the Supreme Court to its proceedings, this comprehensive encyclopedia presents the cornerstone of the American justice system. Featuring more than 600 A-to-Z entries—written by leading academics and lawyers—Encyclopedia of the Supreme Court, Second Edition offers a thorough review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Entries include: Abortion Capital punishment Citizens United v. Federal Election Commission Double jeopardy employment discrimination Federalism Masterpiece Cakeshop v. Colorado Civil Rights Commission Obergefell v. Hodges police use of force public health and the U.S. Constitution Thurgood Marshall Title IX and schools United States v. Nixon Earl Warren Wiretapping
Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-05-07 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.
Download or read book Annual Review of Developments in Business and Corporate Litigation 2007 Edition 2 Volume Set written by Committee on Business and Corporate Litigation and published by American Bar Association. This book was released on 2007 with total page 1510 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the 2007 Edition, leading authorities in over 24 specialized areas review and comment on key issues nationwide, with detailed outlines and summaries of cases, legislation, trends, and developments. Use the Annual Review for updates in your specialty area, when you are asked to consider issues that cross over multiple areas of specialty, or to give an initial reaction to a new situation.
Download or read book Torts Process written by James A. Henderson and published by Aspen Publishing. This book was released on 2022-01-31 with total page 1540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Processhas for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Processuses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.
Download or read book Damage Caused by Genetically Modified Organisms written by Bernhard A. Koch and published by Walter de Gruyter. This book was released on 2010-10-28 with total page 983 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate about the use of genetically modified organisms in European agriculture is fuelled by the fear of the general public about potential risks of GM farming, whether substantiated or not. Transgenic food is suspected to cause bodily harm, have a negative impact upon the health of animals, weaken the productivity of conventional farmland, reduce biodiversity or otherwise deteriorate the environment, to name but a few dangers popping up in the public debate. Apart from setting standards for GM farming and requiring safety checks for transgenic products, all jurisdictions also provide for the case that such risks should materialize. These are not necessarily novel approaches - classic tort law already offers remedies for such losses. Sometimes these traditional solutions are enhanced or replaced by alternative redress schemes. This volume compares twenty European and four non-European jurisdictions in this respect and provides special analyses from an economic and insurance perspective as well as surveys of cross-border dispute resolution and international law.
