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The Case for Impeachment
by Allan J. LichtmanNATIONAL BESTSELLER “Lichtman has written what may be the most important book of the year.” —The HillWhat are the ranges and limitations of presidential authority? What are the standards of truthfulness that a president must uphold? What will it take to impeach Donald J. Trump? Professor Allan J. Lichtman, who has correctly forecasted thirty years of presidential outcomes, answers these questions, and more, in TheCase for Impeachment—a deeply convincing argument for impeaching the 45th president of the United States. In the fall of 2016, Allan J. Lichtman made headlines when he predicted that Donald J. Trump would defeat the heavily favored Democrat, Hillary Clinton, to win the presidential election. Now, in clear, nonpartisan terms, Lichtman lays out the reasons Congress could remove Trump from the Oval Office: his ties to Russia before and after the election, the complicated financial conflicts of interest at home and abroad, and his abuse of executive authority.The Case for Impeachment also offers a fascinating look at presidential impeachments throughout American history, including the often-overlooked story of Andrew Johnson’s impeachment, details about Richard Nixon’s resignation, and Bill Clinton’s hearings. Lichtman shows how Trump exhibits many of the flaws (and more) that have doomed past presidents. As the Nixon Administration dismissed the reporting of Bob Woodward and Carl Bernstein as “character assassination” and “a vicious abuse of the journalistic process,” Trump has attacked the “dishonest media,” claiming, “the press should be ashamed of themselves.”Historians, legal scholars, and politicians alike agree: we are in politically uncharted waters—the durability of our institutions is being undermined and the public’s confidence in them is eroding, threatening American democracy itself.Most citizens—politics aside—want to know where the country is headed. Lichtman argues, with clarity and power, that for Donald Trump’s presidency, smoke has become fire.
The Embattled Vote in America: From the Founding to the Present
by Allan J. LichtmanAmericans have died for the right to vote. Yet our democratic system guarantees no one, not even citizens, the opportunity to elect a government. Allan Lichtman calls attention to the founders’ greatest error—leaving the franchise to the discretion of individual states—and explains why it has triggered an unending struggle over voting rights.
The Embattled Vote in America: From the Founding to the Present
by Allan J. LichtmanAmericans have died for the right to vote. Yet our democratic system guarantees no one, not even citizens, the opportunity to elect a government. Allan Lichtman calls attention to the founders’ greatest error—leaving the franchise to the discretion of individual states—and explains why it has triggered an unending struggle over voting rights.
Rethinking Disability and Human Rights: Participation, Equality and Citizenship (Interdisciplinary Disability Studies)
by Inger Marie Lid Edward Steinfeld Michael RembisThis book examines the role of disability in the right to political and social participation, an act of citizenship that many disabled people do not enjoy.The disability rights movement does not accept the use of disability to create limits on citizenship, which poses challenges for contemporary societies that will become ever greater as the science and technology of enhancing human abilities evolves. Comprised of eight chapters, three interludes, and a postscript written by leading scholars and disability rights activists, the book explores citizenship for people with disabilities from an interdisciplinary perspective using the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as a point of departure and the concept of universal design as a strategy for actualizing full citizenship for all. Situating disability in its historical and cultural contexts, the authors offer directions for rethinking citizenship, including implications for access to the built environment, information and communication systems, education, work, community life and politics. This book will be of interest to all scholars and students working in disability studies, planning, architecture, public health, rehabilitation, social work, and education.
Germanistiken: Zur Praxis von Literatur- und Rechtswissenschaft 1630‒1900 (Literatur und Recht #4)
by Claudia LiebHaben die germanischen Götter die Poesie und das Recht erfunden? Kann man einen Text rekonstruieren wie eine Tat? Sind Juristen oder Philologen die besseren Leser? Ist der Wissenschaftler so genial wie der Dichter? ‒ Vor rund 400 Jahren befasste sich eine gelehrte Denkgemeinschaft mit deutschen Texten aus Literatur und Recht. Vor fast 300 Jahren wurden die Spezialisten des deutschen Rechts „Germanisten“ genannt und bald auch die Experten deutscher Literatur. Claudia Liebs Analyse der gemeinsamen Vorgeschichte von Literatur- und Rechtswissenschaft beschreibt erstmals die historischen Verflechtungen von philologischer und juristischer Germanistik.
Children’s Rights from Below
by Manfred Liebel Karl Hanson Iven Saadi Wouter VandenholeThis book presents an integral, cross-cultural reflection on the social reality of children's rights and citizenship and contributes to establishing for the first time a social theory of children's rights. Based on internationally discussed theories and worldwide social research on the conceptualization and implementation of children's rights, this book gives an insight into new perspectives on the history and different concepts of children's rights in a contextualized and localized manner. Furthermore, it explains how children's rights can be understood as relevant and attractive by children themselves living in different social and cultural contexts.
To Save the Country: A Lost Treatise on Martial Law (Yale Law Library Series in Legal History and Reference)
by Francis Lieber G. Norman LieberA Civil War-era treatise addressing the power of governments in moments of emergency The last work of Abraham Lincoln’s law of war expert Francis Lieber was long considered lost—until Will Smiley and John Fabian Witt discovered it in the National Archives. Lieber’s manuscript on emergency powers and martial law addresses important contemporary debates in law and political philosophy and stands as a significant historical discovery. As a key legal advisor to the Lincoln White House, Columbia College professor Francis Lieber was one of the architects and defenders of Lincoln’s most famous uses of emergency powers during the Civil War. Lieber’s work laid the foundation for rules now accepted worldwide. In the years after the war, Lieber and his son turned their attention to the question of emergency powers. The Liebers’ treatise addresses a vital question, as prominent since 9/11 as it was in Lieber’s lifetime: how much power should the government have in a crisis? The Liebers present a theory that aims to preserve legal restraint, while giving the executive necessary freedom of action. Smiley and Witt have written a lucid introduction that explains how this manuscript is a key discovery in two ways: both as a historical document and as an important contribution to the current debate over emergency powers in constitutional democracies.
Personal Foul: Coach Joe Moore vs. The University of Notre Dame
by Richard LiebermanIt was bad enough when popular offensive line coach Joe Moore sued the University of Notre Dame for age discrimination--but matters got much worse when the lawsuit uncovered disquieting evidence of unethical and inappropriate conduct in a football program widely regarded as a model of probity. This is the dramatic story of that explosive lawsuit, which tarnished Notre Dame's burnished football image: the winner of eleven national titles; the home of legends Knute Rockne, the Gipper and the Four Horsemen; the subject of innumerable books and films--Notre Dame football has been idealized as everything that is good and right about American sports competition and, indeed, about America itself. This riveting story begins in November 1996, when Bob Davie is hired as head coach to replace the beloved Lou Holtz. In one of his first-and most fateful-executive decisions, Davie fires 64 year old Joe Moore because--as Davie puts it--he needs someone younger for the job. Attorney Rick Lieberman takes on Joe Moore's case and in this absorbing book he describes the trial and the enormous tensions to which litigants like Joe Moore are subject. This is a David and Goliath story in which the Notre Dame attorneys attempt to destroy Joe Moore's reputation as both a coach and a man. In the process, Davie's own background comes under close scrutiny as a reporter's investigation reveals some damning evidence. And as the trial proceeds, Notre Dame's football program is shown to be rife with legal improprieties and inappropriate behavior involving both coaches and administrators. Anyone interested in sports, in the law, in stories of blatant injustice--and in Notre Dame--will find Personal Foul a fascinating, revealing and memorable read.
Psychiatric Criminology: A Roadmap for Rapid Assessment
by John A. Liebert, MD William J. Birnes, JD, PhDSince the shutdown of our public psychiatry system, the seriously mentally ill are now mostly managed by public safety officers, school officials, emergency first responders and social workers with little experience in recognizing symptoms, triggers and issues. This book addresses the need to recognize the psychiatric component of criminological issues and the methodology of dealing with it on a practical as well as academic basis. It provides a roadmap for training in rapid assessment built on evidence-based emergency psychiatry protocols.
Korruption in Deutschland: Ein Überblick über den Stand der Korruptionsforschung seit 1945 (Forum für Verwaltungs‐ und Polizeiwissenschaft)
by Karlhans LieblDas Buch führt die wichtigsten Strömungen der Korruptionsforschung seit 1945 auf. Ein besonderes Augenmerk wird dabei auf die deutsche Forschungslandschaft gelegt. Weitere Schwerpunkte sind die Untersuchungen zum Umfang der Korruption, methdoische Probleme der Erhebung von Daten zur Korruption und Präventionsvorschläge. Letzterer Gesichtspunkt hat wieder einen besonderen Blick auf Deutschland. Abschließend werden die bisherigen Forschungen bewertet und Forderungen für zukünftige Untersuchungen dargelegt.
Auswirkungen der Liberalisierung des Internethandels in Europa auf die Arzneimittelkriminalität
by Karlhans Liebl Arndt Sinn Hans Schulte-Nölke Bernd J. Hartmann Roland Schmitz Martin SteinebachDieses Handbuch beleuchtet den Internetversandhandel mit illegalen Arzneimitteln über illegale Online-„Apotheken“, der sich zu einem auffälligen Wachstumsmarkt entwickelt hat. Durch die hohen Gewinnmargen und das niedrige Entdeckungsrisiko ist der Handel mit gefälschten Arzneimitteln mittlerweile weitaus attraktiver geworden als der Handel mit Betäubungsmitteln und bietet Potential als Geschäftsfeld der organisierten Kriminalität.Diesem Szenario entsprechend verfolgt das Handbuch bei der Untersuchung internetgestützter Arzneimittelkriminalität einen ganzheitlichen Ansatz, indem eine empirische Aufarbeitung der Täter- und Tatstrukturen in diesem Kriminalitätsbereich ebenso vorgenommen wird wie die Zeichnung des Lagebildes für die Bundesrepublik Deutschland. Im Hauptteil wird die Rechtslage zur Arzneimittelkriminalität in allen 28 EU-Mitgliedstaaten mit schwerpunktmäßiger Berücksichtigung der Aspekte des materiellen Straf- und Prozessrechts rechtsvergleichend aufbereitet, und es werden die einschlägigen internationalen Vorgaben im Bereich der Arzneimittelkriminalität beleuchtet. Außerdem werden zivil- und öffentlich-rechtliche Interventions- und Präventionsalternativen vorgestellt. Nicht zuletzt wird auch eine für die Ermittlungsarbeit entwickelte technische Lösung zur Verfolgung von Arzneimittelstraftaten im Internet vorgestellt. Einschlägige case-studies und eine Szenarioanalyse zur prognostischen Entwicklung der Arzneimittelkriminalität runden die Darstellung ab.Abschließend werden sowohl der Reformbedarf erhoben als auch konkrete Handlungsempfehlungen ausgesprochen, um Konzepte der Verfolgung internetgestützter Arzneimittelkriminalität in Deutschland und Europa zu verbessern und eine breite Datenbasis für den Gesetzgeber zur effektiveren Gesetzgebung zu schaffen.
International Law and Civil Wars: Intervention and Consent (Law, Conflict and International Relations)
by Eliav LieblichThis book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
The Wrong Carlos: Anatomy of a Wrongful Execution
by James Liebman Shawn Crowley Andrew Markquart Lauren Rosenberg Lauren White Daniel ZharkovskyIn 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLuna's conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna's defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a "phantom" of DeLuna's imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist.The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and Hernandez's violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.
The Wrong Carlos: Anatomy of a Wrongful Execution
by James S. Liebman The Columbia DeLuna ProjectA Columbia Law School team&’s in-depth examination of one man&’s 1989 wrongful conviction and execution for murder. In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students chose to investigate his case and found that DeLuna almost certainly was innocent. No one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. DeLuna&’s conviction was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLuna&’s defense—that another Carlos had committed the crime—was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a &“phantom&” of DeLuna&’s imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. However, he not only existed, but also had a long history of violent crimes . . . This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in US history. &“This book will become a classic in the field.&” —Austin Sarat, Amherst College &“[An] infuriating yet engrossing book on wrongful conviction...An important critique of our legal system.&” —Publishers Weekly
Big Law: A Novel
by Ron Liebman“Big Law has it all. A locomotive drive, a fantastic, appealing, big-hearted narrative voice, and an inside and very entertaining look at the intersection of big law and big business. Smart and truly unputdownable.” —John Lescroart As a young partner at Dunn & Sullivan, one of New York's most prestigious law firms, Carney Blake has represented dozens of high-profile clients. But being a pawn of Big Law often means defending the corporate dirt bags of the world—the spillers, the drillers, and the killers. Morality aside, Carney is starting to make a name for himself, despite having a father who resents his success and an unpredictable big brother bent on self-destruction. So when Carney is suddenly asked by his firm's chairman to represent the plaintiffs in a class action lawsuit—and not, as usual, the corporate bad guys—he warily accepts. Maybe they're turning a corner, he thinks. And even if they aren't, when else has a junior partner been assigned such a major case, with a possible billion dollar payout? But Carney can't fool himself for very long. As he digs deeper into the case, he uncovers corruption and maliciously orchestrated schemes that go straight to the top of Dunn & Sullivan—along with the true motives behind his placement on the case. Written by former top litigator Ron Liebman, Big Law is a thrilling, fast-paced roman à clef that exposes the secrecy, deception, and machinations underlining America’s most powerful mega-firms.
Jersey Law
by Ron Liebman"There are no doubt more qualified lawyers around here. Most probably across the river in Philadelphia. But know what? Me and Mickie have got them scratching their heads. They're thinking, How come those two guys keep winning their cases?" --from chapter two of JERSEY LAW NOT SINCE THE SOPRANOS HAS THE UNDERBELLY OF THE STATE OF NEW JERSEY BEEN BROUGHT SO VIVIDLY TO LIFE. Meet Mickie and Junne. That's Mickie Mezzonatti and Salvatore "Junne" Salerno of Camden, New Jersey, a lovable pair of cops-turned-attorneys who defend and corral New Jersey's worst of the worst. Set in the streets and courtrooms of Camden, JERSEY LAW is the story of Junne and Mickie's attempts to spring longtime client Slippery Williams, a charismatic drug lord who rules the local underworld, from jail. Junne and Mickie owe Slippery big time. He once saved their lives--literally--after a previous client tried to have our heroes murdered. But this case turns out to be much more complicated and far more perilous than Junne and Mickie imagined, and, once again, they'll be lucky if they survive to hear the verdict. Dark, witty, and fast, JERSEY LAW is a juicy, cinematic thriller that will enthrall readers through the very last page.
Shark Tales
by Ron LiebmanQUESTION: How many lawyers does it take to finish the roof of a two-thousand-square-foot house with dormers? ANSWER: Depends on how thin you slice them. Lawyers, and, more to the point, lawyer stories, have been sliced, diced, and presented for consumption for centuries. Ever since Dick the Butcher suggested in Shakespeare's Henry VI Part 2 that "the first thing we do, let's kill all the lawyers," the profession has exhibited a strong appeal for readers...to say nothing of an enduring image problem. Today, stories about life on the front lines of the nation's courtrooms fuel everything from the novels of John Grisham and Scott Turow to television shows like The Practice, Ally McBeal, and L.A. Law. Now in Shark Tales comes a remarkable collection of witty, eccentric, and astounding war stories -- guaranteed to be mostly true -- supplied by hundreds of attorneys and displaying the nitty-gritty of life in court. To create Shark Tales, famed Washington lawyer Ron Liebman solicited stories from hundreds of colleagues in America and Britain...and not just any stories. He asked them to supply humor, of course, but also to describe the day on which they were proudest to be lawyers, and the day when they were most ashamed. He asked for stories of wild divorces and tragic losses. He asked them to describe the worst judges and best witnesses they'd ever encountered. He reviewed actual court transcripts, and found material like the following: QUESTION: Doctor, how many autopsies have you performed on dead people? ANSWER: All my autopsies have been on dead people. Here is the tale of a case settled not by a fingerprint left behind at the scene of the crime, but an entire finger. Here is a lawyer agreeing to defend a client accused of passing bad checks...a client who promptly bounced the retainer check. Here you'll meet a proud son, having won his first case, telling his father -- also a lawyer -- that "justice has triumphed," to which the father replied, "Appeal at once." And here is a senior partner in a Washington law firm meeting with a group of Japanese corporate clients with whom he seems compelled to reminisce about the first time he saw Tokyo: as a bomber pilot in 1945. Funny, revealing, sad, poignant, and even exciting, Shark Tales is a hugely entertaining book for legal junkies -- authentic slices of life that reveal what really makes the law everyone's obsession.
The Common Law Tradition: A Collective Portrait of Five Legal Scholars
by George LiebmannThis book commemorates a place and a time in American law teaching, but more importantly, an outlook: the common law tradition. That outlook was empirical and tolerant. These values were carried into expression by a group of people who were not part of a cult or faction nor ruled by the herd instinct. Now in paperback, The Common Law Tradition is a collective portrait of five scholars who epitomize the tradition.The focus is Chicago in the 1960s. The five figures considered--Edward H. Levi, Harry Kalven, Jr., Karl Llewellyn, Philip Kurland, and Kenneth Culp Davis--did much to broaden the perspectives of the legal academy. Levi made use of sociology, economics, and comparative law. Kalven collaborated with sociologists on the Jury Project and with economists on tax law and auto compensation plans. Llewellyn's commitment to empirical research underpinned his work on the Uniform Commercial Code. Kurland's approach to constitutional law was highlighted by his insistence on the relevance of legal history. Davis was an energetic comparativist in his work on administrative law. What distinguished these Chicagoans is that their work was practical and rooted in the law, and hence yielded concrete applications. The group's diversity, the tolerant atmosphere in which they taught and wrote, and the attachment of its individual members to empirical approaches differentiate them from today's legal scholars and make their ideas of continuing importance.
Restorative Justice: How It Works
by Marian LiebmannThis comprehensive guide provides an accessible introduction to the philosophy of restorative justice and its practical application in a wide range of settings, showing how it can help both victims and offenders when harm has been done. Drawing on many years' experience of working in victim support, probation, mediation and restorative practices, Marian Liebmann uses pertinent case examples to illustrate how restorative justice can be used effectively to work with crime and its effects. Also included are sections on confronting bullying in schools, dealing with sexual and racial violence, tackling antisocial behaviour and community reconciliation after war. Whether in the context of families, schools, communities, criminal justice or prisons, the author argues that restorative justice is a `seamless philosophy' which can be applied flexibly to meet diverse needs. Liebmann provides an international outlook, examining how restorative justice is practised around the world, including traditional Maori and Aboriginal approaches. Restorative Justice: How It Works is a key reference for magistrates, social workers, probation officers, Youth Offending Team workers, police, teachers and health professionals, as well as the lay reader.
Verzeitlichte Welt: Zehn Studien zur Aktualität der Philosophie Karl Löwiths (Abhandlungen zur Philosophie)
by Burkhard LiebschDas 20. Jahrhundert hat nach der Beobachtung Karl Löwiths eine rückhaltlose Auslieferung der Menschen an Zeit und Geschichte zum Vorschein gebracht. Deren extreme Gewaltsamkeit war für ihn der Anlass, sich auf die ›natürliche‹ Welt zurückzubesinnen, die den Menschen einen verlässlichen Halt bieten sollte. Im Zeichen des oft ausgerufenen Endes der Geschichte, aber auch der Globalisierung mit ihren drängenden ökologischen Fragen ist Löwiths Beitrag zu der Frage, was die Welt der Menschen als solche ausmacht, von höchster Aktualität.Die bereits vorliegenden neun Studien zur Philosophie Löwiths werden durch eine abschließende zehnte ergänzt, die ganz dieser nach wie vor virulenten Aktualität gewidmet ist.
Digital Crime and Digital Terrorism (3rd Edition)
by John Liederbach Robert W. Taylor Eric J. FritschThis book focuses on both the technical aspects of digital crime as well as behavioral aspects of computer hackers, virus writers, terrorists and other offenders. Using real life examples and case studies, the book examines the history, development, extent and types of digital crime and digital terrorism as well as current legislation and law enforcement practices designed to prevent, investigate and prosecute these crimes. For professionals in the technical field as well as forensic investigators and other criminal justice professionals.
Ladies and Gentlemen of the Jury: Greatest Closing Arguments in Modern Law
by Michael S. LiefUntil now, only the twelve jurors who sat in judgment were able to appreciate these virtuoso performances, where weeks of testimony were boiled down and presented with flair, wit, and high drama. For five years the authors researched every archive from those of the L.A. Times to the dusty stacks of the National Archives in Washington, D.C., and readers can now lose themselves in the summations of America's finest litigators. Clarence Darrow saves Leopold and Loeb from the gallows in the Roaring Twenties. Gerry Spence takes on the nuclear power industry for the death of Karen Silkwood in a modern-day David and Goliath struggle. Vincent Bugliosi squares off against the madness of Charles Manson and his murderous "family" in the aftermath of their bloody spree. Clara Foltz, the first woman to practice law in California, argues passionately to an all-male jury, defending her place in the courtroom. Bobby DeLaughter brings the killer of civil-rights leader Medgar Evers to justice after thirty years and two mistrials. Aubrey Daniel brings Lt. William Calley, Jr., to justice for the My Lai massacre. William Kunstler challenges the establishment after the '68 Chicago riots in his defense of yippie leaders known as the Chicago Seven. Each closing argument is put into context by the authors, who provide historical background, a brief biography of each attorney, and commentary, pointing out the trial tactics used to great effect by the lawyers, all in language that is jargon-free for the benefit of the lay reader.
The Devil's Advocates: Greatest Closing Arguments in Criminal Law
by Michael S. Lief H. Mitchell CaldwellFrom the authors of the acclaimed Ladies and Gentlemen of the Jury, and featuring some of the most important cases in criminal law, The Devil's Advocates is the final volume of a must-have trilogy of the best closing arguments in American legal history. Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to "steal" the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case in the book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.
Litigating the Rights of the Child
by Ton Liefaard Jaap E. DoekThis book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children's rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children's rights.
Board Directors, Financial Derivatives, and Corporate Governance: The Case of Vietnam
by Tran Thi LienThis book gives readers a look inside the boardrooms and directors’ minds—a desirable but highly challenging task for researchers due to the lack of access to top teams in organizations. This book breaks through that barrier with a mixed-methods investigation of boardrooms in the emerging country of Vietnam particularly on the topic of financial derivatives. Directors are the leading players within the corporate governance framework. The general effectiveness of the board depends on their roles, processes and competencies. Given the scandals marring the history of the financial industry, this book aims to tackle the question of whether board directors have the financial acumen required to handle the tricky instruments of financial derivatives through interviews with board directors and analysis of their organizations. Providing a managerial perspective of financial derivatives, this distinguishes itself from more popular financial engineering books and would be a useful read for government officials, board directors, training organizations and scholars, particularly in Vietnam.