Your cart is empty
Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws. Bourbon is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection. In Bourbon Justice Brian Haara delves into the legal history behind one of America's most treasured spirits to uncover a past fraught with lawsuits whose outcome, surprisingly perhaps, helped define a nation. Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.
Seventeen years after Robert E. Lee's surrender at Appomattox, one final, dramatic confrontation occurred between the Lee family and the United States government. In The Last Battle of the Civil War, Anthony J. Gaughan recounts the fascinating saga of United States v. Lee, known to history as the "Arlington Case."
Prior to the Civil War, Mary Lee, Robert E. Lee's wife, owned the estate that Arlington National Cemetery rests on today. After the attack on Fort Sumter, however, the Union army seized the Lees' Arlington home and converted it into a national cemetery as well as a refugee camp for runaway slaves.
In 1877 George Washington Custis Lee, Robert and Mary's eldest son, filed suit demanding that the federal government pay the Lees just compensation for Arlington. In response, the Justice Department asserted that sovereign immunity barred Lee and all other private plaintiffs from bringing Fifth Amendment takings cases. The courts, the government claimed, had no jurisdiction to hear such lawsuits.
In a historic ruling, the Supreme Court rejected the government's argument. As the majority opinion explained, "All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it." The ruling made clear that the government was legally obligated by the Fifth Amendment to pay just compensation to the Lees.
The Court's ruling in United States v. Lee affirmed the principle that the rule of law applies equally to ordinary citizens and high government officials. As the justices emphasized, the Constitution is not suspended in wartime and government officials who violate the law are not beyond the reach of justice. Ironically, the case also represented a watershed on the path of sectional reconciliation. By ruling in favor of the Lee family, the justices demonstrated that former Confederates would receive a fair hearing in the federal courts.
Gaughan provides a riveting account of the Civil War's final battle, a struggle whose outcome became a significant step on the path to national reunion.
When Carter Bryant began work on what would become the billion-dollar line of Bratz dolls, he was taking time off from his job at Mattel where he designed outfits for Barbie. Later, back at Mattel, he sold his concept for Bratz to rival company MGA. Orly Lobel reveals the colourful story behind the ensuing decade-long court battle. This entertaining and provocative work pits MGA against Mattel, shows how an idea turns into a product and explores the two different versions of womanhood represented by Barbie and her rival. Lobel's story is a thought-provoking contribution to the debate over creativity and intellectual property as American workers may now be asked to sign contracts granting their employers the rights to and income from their ideas.
Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
What led a former United States Attorney General to become one of the world's most notorious defenders of the despised? Defending the Public's Enemy examines Clark's enigmatic life and career in a quest to answer this perplexing question. What led a former United States Attorney General to become one of the world's most notorious defenders of the despised? Defending the Public's Enemy examines Clark's enigmatic life and career in a quest to answer this perplexing question. The culmination of ten years of research and interviews, Lonnie T. Brown, Jr. explores how Clark evolved from our government's chief lawyer to a strident advocate for some of America's most vilified enemies. Clark's early career was enmeshed with seminally important people and events of the 1960s: Martin Luther King, Jr., Watts Riots, Selma-to-Montgomery March, Black Panthers, Vietnam. As a government insider, he worked to secure the civil rights of black Americans, resisting persistent, racist calls for more law and order. However, upon entering the private sector, Clark seemingly changed, morphing into the government's adversary by aligning with a mystifying array of demonized clients- among them, alleged terrorists, reputed Nazi war criminals, and brutal dictators, including Saddam Hussein. Is Clark a man of character and integrity, committed to ensuring his government's adherence to the ideals of justice and fairness, or is he a professional antagonist, anti-American and reflexively contrarian to the core? The provocative life chronicled in Defending the Public's Enemy is emblematic of the contradictions at the heart of American political history, and society's ambivalent relationship with dissenters and outliers, as well as those who defend them.
This book provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited.
The Partisan Republic is the first book to unite a top down and bottom up account of constitutional change in the Founding era. The book focuses on the decline of the Founding generation's elitist vision of the Constitution and the rise of a more 'democratic' vision premised on the exclusion of women and non-whites. It incorporates recent scholarship on topics ranging from judicial review to popular constitutionalism to place judicial initiatives like Marbury vs Madison in a broader, socio-legal context. The book recognizes the role of constitutional outsiders as agents in shaping the law, making figures such as the Whiskey Rebels, Judith Sargent Murray, and James Forten part of a cast of characters that has traditionally been limited to white, male elites such as James Madison, Alexander Hamilton, and John Marshall. Finally, it shows how the 'democratic' political party came to supplant the Supreme Court as the nation's pre-eminent constitutional institution.
Margaretha van Hulsteyn (also known as Scrappy) is the daughter of respected Pretoria attorney Sir Willem van Hulsteyn, and she's an aspiring actress. While studying in London after the Great War, Scrappy changes her name to Marda Vanne and enters into a relationship with one of the foremost actresses of her day, Gwen Ffrangcon-Davies.
However, on a visit to her parents in the Union of South Africa, Marda meets Hans Strydom, an attorney and uncompromising radical politician with the soubriquet ‘The Lion of the North’. Their meeting changes the course of her life, at least temporarily… Strydom went on to become a principal progenitor of the harshest discriminatory legislation which endured for decades until his nephew, President FW de Klerk, in a volte-face, dismantled the laws of apartheid.
A work of biographical fiction, The Lion & The Thespian is based on the true story of the marriage of Hans Strydom, prime minister of South Africa from 1954 to 1958, to the actress Marda Vanne. Veteran author David Bloomberg (former executive mayor of Cape Town, and founder of Metropolitan Life), following extensive reading and research, has adhered faithfully to the chronology of the lives of the main protagonists, their personalities and the historical facts with which they were associated. Creative license has allowed Bloomberg to recreate appropriate scenes and dialogue, complemented by reported sources and recorded speeches.
In eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognized ways and that novels played a central role in the debates. Like many legal and social thinkers of their day, novelists such as Daniel Defoe, Samuel Richardson, Frances Burney, Eliza Fenwick, and Amelia Opie imagine marriage as a public institution subject to regulation by church and state rather than a private agreement between two free individuals. Through recurring scenes of infidelity, fraud, and coercion as well as experiments with narrative form, these writers show the practical and ethical problems that result when couples attempt to establish and dissolve unions simply by exchanging consent. Even as novelists seek to shore up the state's control over marriage, however, they contest the specific forms that its regulations take. In recovering novelists' engagements with the nuptial controversies of the Enlightenment, Public Vows challenges traditional readings of domestic fiction as contributing to sharp divisions between public and private life. At the same time, the book counters received views of law and literature, highlighting fiction's often simultaneous affirmations and critiques of legal authority.
In this book, Omar Farahat presents a new way of understanding the work of classical Islamic theologians and legal theorists who maintained that divine revelation is necessary for the knowledge of the norms and values of human actions. Through a reconstruction of classical Ash'ari-Mu'tazili debates on the nature and implications of divine speech, Farahat argues that the Ash'ari attachment to revelation was not a purely traditionalist position. Rather, it was a rational philosophical commitment emerging from debates in epistemology and theology. He further argues that the particularity of this model makes its distinctive features helpful for contemporary scholars who defend a form of divine command theory. Farahat's volume thus constitutes a new reading of the issue of reason and revelation in Islam and breaks new ground in Islamic theology, law and ethics.
This is the engaging and accessible intellectual memoir of a leading jurist. It tells the story of the development of his thoughts and writings over sixty years in the context of three continents and addresses the complexities of decolonisation, the troubles in Belfast, the contextual turn in legal studies, rethinking evidence and the implications of globalisation which have been central to his life and research. In propounding his original views as an enthusiastic self-styled 'legal nationalist', Twining maps his ideas of law as a unique discipline, which pervades all spheres of social and political life while combining theory and practice, concepts and values, facts and rules in uniquely fascinating ways. Addressed to academic lawyers generally and to other non-specialists, this story brings out the importance and fascinations of a discipline that has changed, expanded and diversified in the post-War years, with an eye to its future development and potential.
Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.
Augustine posed two questions that go to the heart of the nature of law. Firstly, what is the difference between a kingdom and a band of robbers? Secondly, is an unjust law a law at all? These two questions force us to consider whether law is simply a means of social control, distinguished from a band of robbers only by its size, or whether law is a social institution justified by its orientation towards justice. The End of Law applies Augustine's questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine's ideas. McIlroy argues that such a critical natural law theory is realistic but not cynical about law's relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine's reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine. This insightful book will be fascinating reading for law students and legal philosophers seeking to understand the perspective and commitments of natural law theory and the significance of Augustine. Readers with an interest in interdisciplinary approaches to legal theory will also find this book a stimulating read.
Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal," created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the twenty-first. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours-race and equality. Wending its way through a half-century of American history, the narrative begins at the dawn of the railroad age, in the North, home to the nation's first separate railroad car, then moves briskly through slavery and the Civil War to Reconstruction and its aftermath, as separation took root in nearly every aspect of American life. Award-winning author Steve Luxenberg draws from letters, diaries, and archival collections to tell the story of Plessy v. Ferguson through the eyes of the people caught up in the case. Separate depicts indelible figures such as the resisters from the mixed-race community of French New Orleans, led by Louis Martinet, a lawyer and crusading newspaper editor; Homer Plessy's lawyer, Albion Tourgee, a best-selling author and the country's best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. Sweeping, swiftly paced, and richly detailed, Separate provides a fresh and urgently-needed exploration of our nation's most devastating divide.
From the seemingly insignificant theft of some bread and a dozen apples in nineteenth century rural Germany, to the high courts and modern-day property laws, this English-language translation of Habermas' Diebe vor Gericht explores how everyday incidents of petty stealing and the ordinary people involved in these cases came to shape the current legal system. Habermas draws from an unusual cache of archival documents of theft cases, tracing the evolution and practice of the legal system of Germany through the nineteenth century. This close reading, relying on approaches of legal anthropology, challenges long-standing narratives of legal development, state building, and modern notions of the rule of law. Ideal for legal historians and scholars of modern German and nineteenth-century European history, this innovative volume steps outside the classic narratives of legal history and gives an insight into the interconnectedness of social, legal and criminal history.
'A Victorian Tragedy', for the first time, describes how the landmark court case of Banks v Goodfellow (1870) came about, what happened to the protagonists and how an enlightened judgment provided a practical definition of testamentary capacity that has since been used throughout the common law world law. This fascinating story is set against the backdrop of the mid-Victorian world and how it affected the lives of those caught up in the case. Set in the Lake District, around Keswick, the central issue was the mental illness of the testator, John Banks, and how he coped with living in a world that often derided his paranoia - "From the appearance of the man anyone would take him for a person out of his mind" as a local clergyman put it. The lives of John's relatives were scarred, and often ended early, by other illnesses common at that time, but these lives also interweave with 19th century issues of emigration, marriage reform and early mortality. Extensive use is made of original court papers and contemporary newspaper reports, both from the national and local press, to present the picture that was placed before the court of how John Banks was affected by his insane delusions. The conduct of the Assize court hearing is explained, together with how the court and jury dealt with the radically opposed evidence from either side. 'A Victorian Tragedy; covers this case in detail not previously dealt with before and offers a different approach to re-evaluate an important case in the context of its time and the treatment of the insane in the 19th century. While the book will undoubtedly appeal to lawyers, the book's portrayal of a mid-Victorian family and the treatment of the insane will also be of interest to the more general reader.
This comprehensive two-volume collection includes some of the most important and influential articles published on the history of intellectual property. The seminal works compiled in these volumes encompass a broad variety of specific legal fields, periods and methodological perspectives. The collection focuses on the three main subfields of intellectual property: patent, copyright and trademark law. Volume I covers patent and copyright in Britain as well as U.S. patents. Volume II discusses U.S. copyright and trademarks along with colonial and international intellectual property law. With an original introduction by the editor, this essential compilation will be of great interest to legal historians, economic historians and anyone interested in intellectual property and its history.
For the nobility and gentry in later medieval England, land was a source of wealth and status. Their marriages were arranged with this in mind, and it is not surprising that so many of them had mistresses and illegitimate children. John de Warenne, earl of Surrey, married at the age of twenty to a ten-year-old granddaughter of Edward I, had at least eight bastards and a complicated love life. In theory, bastards were at a considerable disadvantage. Regarded as filius nullius' or the son of no one, they were unable to inherit real property and barred from the priesthood. In practice, illegitimacy could be less of a stigma in late medieval England than it became between the sixteenth and late twentieth centuries. There were ways of making provision for illegitimate offspring and some bastards did extremely well: in the church; through marriage; as soldiers; a few even succeeding to the family estates. _The Legitimacy of Bastards_ is the first book to consider the individuals who had illegitimate children, the ways in which they provided for them and attitudes towards both the parents and the bastard children. It also highlights important differences between the views of illegitimacy taken by the Church and by the English law.
Austerity Justice looks at how the civil legal safety net was established and why it is now under threat, due to a combination of austerity policies and the casual indifference of a few powerful politicians to the state's responsibility to provide a civil justice system that guarantees equality before the law regardless of means. Over the last 40 years, the civil legal aid system provided by solicitors and barristers developed in parallel with the expansion of not for profit advice centres such as Citizens Advice Bureaux. These services, though not originally conceived as such, evolved into an important arm of the welfare state. They ensure effective redress for people facing the everyday problems that a crisis in their lives such as a divorce, long-term disability or losing a job can throw at them. The austerity measures of the current coalition government mean that from next year this will become a much reduced service. Access to justice policy might be at its lowest ebb, but the campaign against the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 could have sown the seeds of recovery. The debate over the Act led to a tipping point between members of the coalition government. Some ministers wanted a once-and-for-all redesign, closing off any chance that the legal aid system could expand again to meet the civil legal needs of the public. lndividual Liberal Democrat and Conservative parliamentarians, the Labour Opposition, and the weight of informed non-party political opinion, represented by crossbenchers in the Lords, were opposed to this. Key concessions were won including a section in the LASPO Act which allows amendments to the scope of legal aid to be made in the future.
During the twentieth century, witnessing grew to be not just a widespread solution for coping with political atrocities but also an intricate problem. As the personal experience of victims, soldiers, and aid workers acquired unparalleled authority as a source of moral and political truth, the capacity to generate adequate testimonies based on this experience was repeatedly called into question. Michal Givoni's book follows the trail of the problems, torments, and crises that became commingled with witnessing to genocide, disaster, and war over the course of the twentieth century. By juxtaposing episodes of reflexive witnessing to the Great War, the Jewish Holocaust, and third world emergencies, The Care of the Witness explores the shifting roles and responsibilities of witnesses in history and the contribution that the troubles of witnessing made to the ethical consolidation of the witness as the leading figure of nongovernmental politics.
John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.
Demands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.
You may like...
Rule Of Law - A Memoir
Glynnis Breytenbach, Nechama Brodie Paperback (2)
John Marshall - The Man Who Made the…
Richard Brookhiser Hardcover (1)
Magna Carta - The True Story Behind the…
David Starkey Paperback (1)
Policing the Open Road - How Cars…
Sarah A. Seo Hardcover
Loyola University New Orleans College of…
Maria Isabel Medina Hardcover R843 Discovery Miles 8 430
Lawfare - Judging Politics In South…
Michelle Le Roux, Dennis Davis Paperback
Asian Connections - A Sea of Debt: Law…
Fahad Ahmad Bishara Hardcover
The Land Is Ours - Black Lawyers And The…
Tembeka Ngcukaitobi Paperback (10)
Historian in Chief - How Presidents…
Seth Cotlar, Richard J. Ellis Hardcover R761 Discovery Miles 7 610
Introduction to Law and Legal Skills
Tracy Humby, Louis J. Kotze, … Paperback