Author: Allan C. Hutchinson
Publisher: Cambridge University Press
Release Date: 2016-10-20
Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention. Such an informal approach has no truck with either the claims of the formalists (i.e., that law is something separate from ideology) or those of the anti-formalists (i.e., that law is nothing other than ideological posturing). Hutchinson insists that, when understood properly, legal interpretation is an applied exercise in law-and-ideology; it is both constrained and unconstrained in equal measure. In developing this informalist account through a sustained application of the 'no vehicles in the park' rule, this book is wide-ranging in theoretical scope and substance, but also accessible and practical in style.
Author: Allan C. Hutchinson
Publisher: Cambridge University Press
Release Date: 2010-11-30
Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment.
Author: Marc Stauch
Release Date: 2018-08-06
Text, Cases and Materials on Medical Law and Ethics presents a valuable collection of materials relating to often controversial areas of the law. Comprising extracts from statutes, cases and scholarly articles alongside expert author commentary and guidance which signposts the key issues and principles, this book is an ideal companion to this increasingly popular subject. Fully revised, this new edition incorporates expanded content, including: updated coverage of consent and decision making, including the the Montgomery v Lanarkshire Health Board (2015) judgment; the impacts of the EC directive for clinical trials and GDPR on the research use of patient data; and discussion of other recent developments in the case law, including the 2017 Charlie Gard litigation, the 2016 Privy Council decision in Williams v Bermuda on negligence causation, and the UK Supreme Court judgment in A & B v SS for Health (2017) on funding for patients from Northern Ireland seeking terminations elsewhere. Providing a comprehensive and up-to-date resource on this topical area of the law, this textbook is an invaluable reference tool for students of medical law as well as those studying medicine.
Author: Adam Winkler
Publisher: W. W. Norton & Company
Release Date: 2011-09-19
A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
Author: Freddie L. Sirmans
Publisher: Xlibris Corporation
Release Date: 2006-12-01
Genre: Body, Mind & Spirit
Freddie L. Sirmans former education is limited to a high school grad and one semester of college. But, he is a fairly well read neurotic survivor. He has one of the deepest and penetrating economical minds there is today. He knows the US and western Europe is doomed unless they privatize out of their welfare states. The welfare state has all but destroyed western civilization. The liberals and their welfare state have destroyed our culture and any capacity to barter as a last resort to survive. A lack of true survival struggle is the main causes of liberalism.
Author: José M. Zuniga
Publisher: OUP Oxford
Release Date: 2013-07-04
Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.
NEW YORK TIMES BESTSELLER - NATIONAL BOOK AWARD FINALIST "Disturbing and riveting...It will sear your soul." —Dave Eggers, New York Times Book Review SHELF AWARENESS'S BEST BOOK OF 2017 Named a best book of the year by Wall Street Journal, The Boston Globe, San Francisco Chronicle, GQ, Time, Newsday, Entertainment Weekly, Time Magazine, NPR's Maureen Corrigan, NPR's "On Point," Vogue, Smithsonian, Cosmopolitan, Seattle Times, Bloomberg, Lit Hub's "Ultimate Best Books," Library Journal, Paste, Kirkus, Slate.com and Book Browse From New Yorker staff writer David Grann, #1 New York Times best-selling author of The Lost City of Z, a twisting, haunting true-life murder mystery about one of the most monstrous crimes in American history In the 1920s, the richest people per capita in the world were members of the Osage Indian nation in Oklahoma. After oil was discovered beneath their land, they rode in chauffeured automobiles, built mansions, and sent their children to study in Europe. Then, one by one, the Osage began to be killed off. The family of an Osage woman, Mollie Burkhart, became a prime target. Her relatives were shot and poisoned. And it was just the beginning, as more and more members of the tribe began to die under mysterious circumstances. In this last remnant of the Wild West—where oilmen like J. P. Getty made their fortunes and where desperadoes like Al Spencer, the “Phantom Terror,” roamed—many of those who dared to investigate the killings were themselves murdered. As the death toll climbed to more than twenty-four, the FBI took up the case. It was one of the organization’s first major homicide investigations and the bureau badly bungled the case. In desperation, the young director, J. Edgar Hoover, turned to a former Texas Ranger named Tom White to unravel the mystery. White put together an undercover team, including one of the only American Indian agents in the bureau. The agents infiltrated the region, struggling to adopt the latest techniques of detection. Together with the Osage they began to expose one of the most chilling conspiracies in American history. In Killers of the Flower Moon, David Grann revisits a shocking series of crimes in which dozens of people were murdered in cold blood. Based on years of research and startling new evidence, the book is a masterpiece of narrative nonfiction, as each step in the investigation reveals a series of sinister secrets and reversals. But more than that, it is a searing indictment of the callousness and prejudice toward American Indians that allowed the murderers to operate with impunity for so long. Killers of the Flower Moon is utterly compelling, but also emotionally devastating.
Author: Norman M. Naimark
Publisher: Princeton University Press
Release Date: 2011-12-25
Between the early 1930s and his death in 1953, Joseph Stalin had more than a million of his own citizens executed. This book is the chilling story of these crimes. The book puts forward the argument that mass killings under Stalin in the 1930s were indeed acts of genocide and that the Soviet dictator himself was behind them.
Author: Alexander DeConde
Release Date: 2003
Few social issues have produced more exaggerated claims and contention among Americans than the struggle to control gun violence. Fueling the emotional fire in debates between firearm groups such as the National Rifle Association (NRA) and gun control advocates is the dispute over the importance of guns in American culture. Is the fondness for firearms truly part of a venerable American tradition, one to be observed with very few limits? In this fascinating inquiry, Alexander DeConde delves into the myths and politics regarding gun keeping, as well as the controversies over gun use, crime, and policing from the early days of the republic to the present. DeConde explains why the United States, with all its resources, fails repeatedly to confine gun violence to the same low levels achieved by other advanced democracies.
Hailed by Toni Morrison as “required reading,” a bold and personal literary exploration of America’s racial history by “the single best writer on the subject of race in the United States” (The New York Observer) #1 NEW YORK TIMES BESTSELLER | NATIONAL BOOK AWARD WINNER | NAACP IMAGE AWARD WINNER | PULITZER PRIZE FINALIST | NATIONAL BOOK CRITICS CIRCLE AWARD FINALIST | NAMED ONE OF THE TEN BEST BOOKS OF THE YEAR BY The New York Times Book Review • O: The Oprah Magazine • The Washington Post • People • Entertainment Weekly • Vogue • Los Angeles Times • San Francisco Chronicle • Chicago Tribune • New York • Newsday • Library Journal • Publishers Weekly In a profound work that pivots from the biggest questions about American history and ideals to the most intimate concerns of a father for his son, Ta-Nehisi Coates offers a powerful new framework for understanding our nation’s history and current crisis. Americans have built an empire on the idea of “race,” a falsehood that damages us all but falls most heavily on the bodies of black women and men—bodies exploited through slavery and segregation, and, today, threatened, locked up, and murdered out of all proportion. What is it like to inhabit a black body and find a way to live within it? And how can we all honestly reckon with this fraught history and free ourselves from its burden? Between the World and Me is Ta-Nehisi Coates’s attempt to answer these questions in a letter to his adolescent son. Coates shares with his son—and readers—the story of his awakening to the truth about his place in the world through a series of revelatory experiences, from Howard University to Civil War battlefields, from the South Side of Chicago to Paris, from his childhood home to the living rooms of mothers whose children’s lives were taken as American plunder. Beautifully woven from personal narrative, reimagined history, and fresh, emotionally charged reportage, Between the World and Me clearly illuminates the past, bracingly confronts our present, and offers a transcendent vision for a way forward. Praise for Between the World and Me “Powerful . . . a searing meditation on what it means to be black in America today.”—Michiko Kakutani, The New York Times “Eloquent . . . in the tradition of James Baldwin with echoes of Ralph Ellison’s Invisible Man . . . an autobiography of the black body in America.”—The Boston Globe “Brilliant . . . [Coates] is firing on all cylinders.”—The Washington Post “Urgent, lyrical, and devastating . . . a new classic of our time.”—Vogue “A crucial book during this moment of generational awakening.”—The New Yorker “Titanic and timely . . . essential reading.”—Entertainment Weekly
Author: Ana Gonzalez-Pelaez
Release Date: 2004-08-02
Genre: Political Science
A new and incisive analysis of the political viability of human rights, with an in-depth investigation of its largest violation: world hunger. Gonzalez-Pelaez develops John Vincent's theory of basic human rights within the context of the international political economy and demonstrates how the right to food has become an international norm enshrined within international law. She then assesses the international normative and practical dimensions of hunger in connection with international trade and poverty. Using the society of states as the framework of analysis, she explores the potential that the current system has to correct its own anomalies, and examines the measures that can move the hunger agenda forward in order to break through its current stagnation.
Author: Mamie Till-Mobley
Publisher: Random House
Release Date: 2011-12-07
Genre: Biography & Autobiography
The mother of Emmett Till recounts the story of her life, her son’s tragic death, and the dawn of the civil rights movement—with a foreword by the Reverend Jesse L. Jackson, Sr. In August 1955, a fourteen-year-old African American, Emmett Till, was visiting family in Mississippi when he was kidnapped from his bed in the middle of the night by two white men and brutally murdered. His crime: allegedly whistling at a white woman in a convenience store. The killers were eventually acquitted. What followed altered the course of this country’s history—and it was all set in motion by the sheer will, determination, and courage of Mamie Till-Mobley, whose actions galvanized the civil rights movement, leaving an indelible mark on our racial consciousness. Death of Innocence is an essential document in the annals of American civil rights history, and a painful yet beautiful account of a mother’s ability to transform tragedy into boundless courage and hope. Praise for Death of Innocence “A testament to the power of the indestructible human spirit [that] speaks as eloquently as the diary of Anne Frank.”—The Washington Post Book World “With this important book, [Mamie Till-Mobley] has helped ensure that the story of her son (and her own story) will not soon be forgotten. . . . A riveting account of a tragedy that upended her life and ultimately the Jim Crow system.”—Chicago Tribune “The book will . . . inform or remind people of what a courageous figure for justice [Mamie Till-Mobley] was and how important she and her son were to setting the stage for the modern-day civil rights movement.”—The Detroit News “Poignant . . . In his mother’s descriptions, Emmett becomes more than an icon; he becomes a living, breathing youngster—any mother’s child.”—Pittsburgh Post-Gazette “Powerful . . . [Mamie Till-Mobley’s] courage transformed her loss into a moral compass for a nation.”—Black Issues Book Review Robert F. Kennedy Book Award Special Recognition • BlackBoard Nonfiction Book of the Year
Author: Jan Kittrich
Publisher: Logos Verlag Berlin GmbH
Release Date: 2008
The book examines in detail one of the most controversial topic in current international law, namely the scope and extent of the right of individual self-defense. The book carefully traces the paths which have been followed in the developing legal debate on self-defense. The author uses numerous case-studies of incidents involving the use of force in alleged self-defense (such as the Entebbe Incident 1976, the Nicaragua Case 1986 or the Israeli-Lebanese conflict of 2006) which have formed the central point of scholarly debate. The author's conclusions are based not only on thorough analysis of academic discussions but also of the practice of States and international bodies, especially of the United Nations Organization. At the outset of the book the author reviews the historical context and the customary evolution of the right of self-defense. Reference is made to the famous Caroline Case of 1837, which set the necessary conditions of lawful exercise of self-defense. Next, the author examines the concept and legal nature of self-defense, carefully assessing the customary conditions of necessity, proportionality and immediacy derived from the Caroline Case. As the occurrence of an "armed attack" is a conditio sine qua non of lawful invocation of self-defense, several modalities of an armed attack are attentively evaluated such as its constituent elements, beginning or scale. The author explores, whether reactions to acts of international terrorism committed by a non-State may be based on the right of self-defense. In times of global terrorist networks it is highly desirable to attach special attention to use of force in self-defense as a remedy against serious acts of terrorism. Thorough analysis of State practice is shown on several examples from recent history - the U.S. air raid on Libya in 1986 and on Baghdad in 1993 and relatively recent air strikes on Sudan and Afghanistan in 1998. Reference is also made to the most striking example - the Al-Qaeda attack on the United States in 2001. The validity of claims of anticipatory/preventive self-defense is examined on a theoretical level and then applied to the specific details of the Israeli air strike on the Osiraq Nuclear Reactor in 1981. The two main approaches to preventive self-defense - "restrictive" and "traditional" - are then discussed in detail. Brief analysis is also devoted to the nature of the so-called - pre-emptive - self-defense indicating its current position under international law.