HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech."
"Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Ari Ezra Waldman
It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.
- Proposes a new way of understanding privacy and privacy law
- Contains no jargon and is accessibly written
- The book is interdisciplinary, and it includes law and social sciences
Jethro K. Lieberman
This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2017.
Michael L. Perlin, Heather Ellis Cucolo, and Alison Lynch
This comprehensive casebook covers all areas of civil commitment law, institutional rights law, community rights law, sex offenders law, and the Americans with Disabilities Act. Mental Disability Law also explores all aspects of the criminal process, including all criminal competencies, the insanity defense, trial practice issues, sentencing and the death penalty. It is the only casebook available that considers the important factors that have shaped mental disability law — sanism, pretextuality, heuristics and false “ordinary common sense.” The third edition includes expanded new sections on therapeutic jurisprudence and international human rights law.
Richard Chused and Wendy Williams
Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching text.
Deborah N. Archer and Richard D. Marsico
Special Education Law and Practice is an experientially-focused casebook that also serves as a reference for attorneys who practice special education law and anyone interested in learning about the special education process. The casebook covers substantive special education rights, racial disparities in special education, discipline, procedural protections, federal court litigation, remedies, and attorneys' fees. Each chapter begins with a problem, rich in facts and law, that places the student in the position of an attorney trying to resolve a problem for a client using that chapter's materials. Comprehensive notes expand the areas covered by featured cases.
Tom Goldstein and Jethro K. Lieberman
In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.
Dr. Lung-chu Chen is an internationally recognized scholar and Professor of Law at New York Law School, specializing in international law, human rights, and the United Nations.
This book introduces the reader to all major aspects of contemporary international law. It applies a policy-oriented perspective, a highly acclaimed approach developed by a group known as the New Haven School that views international law not as a fixed set of rules but as an ongoing process of decision making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision in the international arena and illustrated with numerous historical examples and events. In this new edition, Lung-chu Chen updates his text and bibliography with respect to topics involving the end of the Cold War, increased trade, economic sanctions, new powers of the Security Council, use of force, international criminal law and institutions, and human rights.
Susan F. French and Gerald Korngold
Cases and Text on Property, Sixth Edition, preserves the character of its esteemed predecessors with:
Introductory chapters that unveil the important historical perspective that infuses the book as the authors put contemporary property law in historical context; classic cases and absorbing text that match the high standard of quality established by the late Casner and Leach; problems that are seamlessly integrated with cases and notes; a broad scope of coverage that ranges from interests protected as property, to title transfers, landlord and tenant law, housing discrimination, and land-use regulation.
Marshall E. Tracht and Alvin L. Arnold
Providing innovative strategies for financing land acquisitions, construction, and development, Construction and Development Financing covers every aspect of negotiating ADC financing. Allowing fast, easy and on-point research, this book covers:
• The consequences of default
• Environmental assessments
• ADA compliance
• New money sources
• Lender liability
• Stalled nonresidential construction
• New FHA rules for condominiums
• Mitigating construction fraud
• A new program of tax credits
Section titles discuss:
• Land loans
• Land development loans
• Construction loans: application, underwriting approval, and commitment
• Enforcement and workouts
• Other financing transactions
• Public policy
• Much more
This book is an approachable and practical study guide to sales law, specifically UCC Articles 2 and 2A, providing brief textual introductions to standard definitions and concepts, followed by provocative examples, questions, and analyses.
Relying on the standard examples-and-explanation pedagogy, Sales and Leases: Examples & Explanations is an accessible, clearly written study guide for any student studying sales law, commercial law, commercial transactions law and contract law.
It gives you an organized way of working through the various sections, definitions, concepts, and controversies that make up the modern law of sales and lease of goods as rendered in Article 2 and 2A of the Uniform Commercial Code.
Sottotitolo: Immigration and Right to Nationality
Autori L. Bonfield, G. Cataldi, N. Parisi, P. Venturi (a cura di)
ISBN 978-88-6342-807-0 N.
Anno Pubbl. 2015
Collana Jus Gentium Europaeum.
Collana di studi comunitari
Materia Diritto comunitario
This casebook covers all the major aspects of real estate transactions, running the gamut from residential transactions to sophisticated commercial development. Highlights of the new edition include:
Revamped mortgage materials to reflect the subprime and mortgage finance crisis, ensuing foreclosure issues, and new regulation; new cases and materials on the core elements of the real estate transaction, including contract conditions, remedies, and the deed; new cases and materials in other sections of the book, including, among others, recording, condominiums, commercial development, and bankruptcy; a new subsection on green buildings; and a revised structure for the book, including consolidation and streamlining of all tax materials. Five brief drafting exercises allow students to apply their learning and to see how to reach better results for clients.
Andrew Scherer and Fern A. Fisher
The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law (Sterling)
The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, voting rights, women’s rights, labor unions and workers’ rights, Social Security, workers’ compensation laws, the securities laws, the origins of Legal Aid, surrogacy, the right of privacy, cameras in the courts, food and drug regulation, antitrust law, South Africa’s Constitution, assisted suicide, gun control, the death penalty, civil commitment, juvenile sentencing, legalization of marijuana, same-sex marriage, tort law, the Affordable Care Act, and many others.
Jethro K. Lieberman
This book serves as a supplement to A Practical Companion to the Constitution. It is a comprehensive update of constitutional topic from 2008-2014.
Jeffrey J. Haas
This Hornbook is an indispensable resource for both legal practitioners focusing on business and finance as well as students taking classes in business associations, corporate finance and mergers and acquisitions. The book expertly lays out the fundamentals of corporate finance from a legal and business perspective in a manageable, user-friendly manner. The author highlights how accounting, finance and corporate law intersect and operate synergistically. The book provides an in-depth analysis of how the law affects both equity securities (common stock and preferred stock) and debt securities (bonds, debentures and notes), as well as a company’s capital structure generally.
William P. LaPiana, Mark Ira Bloom, and Harold D. Klipstein
A complete drafting system for New York wills, trusts, and advance directives. This 4th edition includes not only wills, but also revocable trusts, powers of attorney for property, directives on disposition of remains, health care proxies, living wills and directives against resuscitation (DNRs). Relevant tax considerations are included throughout the text.
Wills are still the primary subject of the work as the the first 17 chapters are devoted to the planning and drafting of wills. The non-wills area of practice is handled in Chapters 18-21.
This workbook is designed to give you an organized way of working through various sections, definitions, concepts, and controversies that make up the modern law of secured transactions as rendered in Article 9 of the Uniform Commercial Code.
The unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. It is designed to complement your casebook, and gets right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course.
Jethro K. Lieberman
The hypothetical is the staple of the law school classroom and useful in most intellectual endeavors. But, this inaugural lecture argues, interlocutors frequently misuse and misinterpret responses to hypotheticals because they demand that their respondents accept the “facts” embedded within. This form of argument, dubbed “FAKE” (for “Facts Are Known Exactly”), poses “facts” that are either impossible to accept or highly improbable and that would provoke counterarguments but for the command to accept the facts as hypothesized. The author presents his thesis in part through the lens of recent literature on the ethics of runaway trolley cars (these cases constitute a field of study known as “trolleyology”) and questions whether the answers we give and the preconceptions we seem to have about the morality of saving many at the expense of one can be explained by examining responses to the hypotheticals provided. The paper also examines the FAKE argument as used to justify assisted suicide, the right to harshly cross-examine the truth-telling but infirm witness, and upholding the law by violating it.
Jethro K. Lieberman
Jumpstart Constitutional Law: Reading and Understanding Constitutional Law Cases, sheds light on the threshold issues and substantive questions common to all constitutional law cases thus bringing everything into focus for the student. Key to constructing cogent answers on a Constitutional Law exam, Jethro K. Lieberman's straightforward approach teaches students how to spot the issues and respond to the relevant questions in any constitutional law case.
Richard K. Sherwin
This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual.
This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry.
Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection.
Ronald H. Filler and Jerry W. Markham
As a result of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act of 2010, derivatives regulation has become a hot topic on Wall Street and is, therefore, of much interest to law firms with financial institutions as clients. An increasing number of classes on this subject are being taught at law schools around the country, but, to date, there has been no casebook on the subject.
This casebook explores the regulation of swaps, futures and options by the Commodity Futures Trading Commission and the Securities and Exchange Commission. It examines the regulatory history of derivative instruments and traces the development of modern market structures while addressing the role of the exchanges, the clearinghouses, and market participants, such as futures commission merchants, swap dealers, and hedge funds that act as commodity pool operators.
Structured in a traditional format, this casebook uses cases to teach students important points of law and industry practices needed to understand the role played by derivative instruments in modern finance. The cases are accompanied by commentary from the authors expanding on the points raised in the cases.
Robert I. Blecker
For twelve years Robert Blecker, a criminal law professor at New York Law School, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder.The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, Professor Blecker exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives.
The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.
From THE DEATH OF PUNISHMENT: SEARCHING FOR JUSTICE AMONG THE WORST OF THE WORST © 2013 by Robert Blecker. Reprinted by permission of St. Martin’s Press. All Rights Reserved.
FDR and Chief Justice Hughes: The President, the Supreme Court, and the Epic Battle Over the New Deal
James F. Simon
By the author of acclaimed books on the bitter clashes between Jefferson and Chief Justice Marshall on the shaping of the nation’s constitutional future, and between Lincoln and Chief Justice Taney over slavery, secession, and the presidential war powers. Roosevelt and Chief Justice Hughes's fight over the New Deal was the most critical struggle between an American president and a chief justice in the twentieth century.
The confrontation threatened the New Deal in the middle of the nation’s worst depression. The activist president bombarded the Democratic Congress with a fusillade of legislative remedies that shut down insolvent banks, regulated stocks, imposed industrial codes, rationed agricultural production, and employed a quarter million young men in the Civilian Conservation Corps. But the legislation faced constitutional challenges by a conservative bloc on the Court determined to undercut the president. Chief Justice Hughes often joined the Court’s conservatives to strike down major New Deal legislation.
Frustrated, FDR proposed a Court-packing plan. His true purpose was to undermine the ability of the life-tenured Justices to thwart his popular mandate. Hughes proved more than a match for Roosevelt in the ensuing battle. In grudging admiration for Hughes, FDR said that the Chief Justice was the best politician in the country. Despite the defeat of his plan, Roosevelt never lost his confidence and, like Hughes, never ceded leadership. He outmaneuvered isolationist senators, many of whom had opposed his Court-packing plan, to expedite aid to Great Britain as the Allies hovered on the brink of defeat. He then led his country through World War II.
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