Lawful Order


Book Description

Prisons remain a controversial topic for debate in our society. While few doubt the necessity of their existence, there is considerable debate over their purpose, organization, and processes. Do prisons exist to rehabilitate, punish, or simply incarcerate? How do we judge prison conditions? If those conditions are found to be unacceptable, how do we change them? What are a prisoner's rights? This book charts the history of Rhode Island's Adult Correctional Institutions over the past 40 years. Professor Carroll examines the radical transformation of Rhode Island prisons in response to changes in their external environment, and determines that the transformation can be seen to manifest five distinct stages: patriarchy, anarchy, restoration, threat, and consolidation.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




United States Attorneys' Manual


Book Description




The Fundamental Rules of the International Legal Order


Book Description

This work, the outgrowth of a joint reflection by French and German international lawyers, attempts to reconceptualize the doctrine of hierarchy in international law by emphasizing that a clear distinction should be drawn between primary rules, which encapsulate precepts for the protection of the basic values of the international community, and secondary rules, which determine the regime of legal consequences flowing from a breach of such rules of conduct.




Is Administrative Law Unlawful?


Book Description

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.







Computer Crime Law


Book Description

The third edition of Kerr's popular computer crimes text includes many updates since the second edition in 2009. New cases address topics such as the computer hacking laws, economic espionage online, Internet threats, criminal copyright prosecutions, searching cell phones incident to arrest, applying the Fourth Amendment to the Internet, and the validity of computer warrants. Two chapters have been restructured to make it easier for students to understand the Computer Fraud and Abuse Act and the emerging rules for computer searches. The book covers every aspect of crime in the digital age, and it is presented in an engaging and accessible style. Topics range from computer fraud laws and international computer crimes to Internet surveillance laws and the Fourth Amendment. It is part traditional casebook, part treatise. It both straightforwardly explains the law and presents many exciting and new questions of law that courts are only now beginning to consider. The book is ideally suited either for a 3-credit course or a 2-credit seminar. It will appeal both to criminal law professors and those interested in cyberlaw or law and technology. No advanced knowledge of computers and the Internet is required or assumed. Computer crime law has become an increasingly important area of criminal practice, and this book provides the ideal introduction to the field. Many U.S. Attorney's Offices have dedicated computer crime units, as have many state Attorney General offices. Any student with a background in this emerging area of law will have a leg up on the competition. Students will also find the book easy and fun to read, while professors will appreciate the accessible introduction to an important new field with many open questions for legal scholars. The materials are authored by Orin Kerr, the Fred C. Stevenson Research Professor at George Washington University Law School and a leading authority on the law of computer crime.







Anarchy and Legal Order


Book Description

This book elaborates and defends the idea of law without the state. Animated by a vision of peaceful, voluntary cooperation as a social ideal and building on a careful account of non-aggression, it features a clear explanation of why the state is illegitimate, dangerous and unnecessary. It proposes an understanding of how law enforcement in a stateless society could be legitimate and what the optimal substance of law without the state might be, suggests ways in which a stateless legal order could foster the growth of a culture of freedom, and situates the project it elaborates in relation to leftist, anti-capitalist and socialist traditions.




The Armed Forces Officer


Book Description

In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.