The Law of the Other


Book Description

The Law of the Other is an account of the English doctrine of the "mixed jury". Constable's excavation of the historical, rhetorical, and theoretical foundations of modern law recasts our legal and sociological understandings of the American jury and our contemporary conceptions of law, citizenship, and truth. The "mixed jury" doctrine allowed resident foreigners to have law suits against English natives tried before juries composed half of natives and half of aliens like themselves. As she traces the transformations in this doctrine from the Middle Ages to its abolition in 1870, Constable also reveals the emergence of a world where law rooted in actual practices and customs of communities is replaced by law determined by officials, where juries no longer strive to speak the truth but to ascertain the facts.




Copyfraud and Other Abuses of Intellectual Property Law


Book Description

Intellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. The issue is not that intellectual property rights are too easily obtained, too broad in scope, and too long in duration. Rather, the primary problem is overreaching by publishers, producers, artists, and others who abuse intellectual property law by claiming stronger rights than the law actually gives them. From copyfraud—like phony copyright notices attached to the U.S. Constitution—to lawsuits designed to prevent people from poking fun at Barbie, from controversies over digital sampling in hip-hop to Major League Baseball's ubiquitous restriction on sharing any "accounts and descriptions of this game," overreaching claims of intellectual property rights are everywhere. Overreaching interferes with legitimate uses and reproduction of a wide variety of works, imposes enormous social and economic costs, and ultimately undermines creative endeavors. As this book reveals, the solution is not to change the scope or content of intellectual property rights, but to create mechanisms to prevent people asserting rights beyond those they legitimately possess. While there are many other books on intellectual property, this is the first to examine overreaching as a distinct problem and to show how to solve it. Jason Mazzone makes a series of timely proposals by which government, organizations, and ordinary people can stand up to creators and content providers when they seek to grab more than the law gives them.




The Other Side of the Law


Book Description

Kay Verdant isn't your typical high school sophomore. With her unique skill set, her extracurricular activities include catching criminals on dangerous missions and foiling evil schemes, topped off with finishing her homework. How does she do it? She attends Henderson High School, a school for spies, and learns the tricks of the spy trade. Together with her brother, Roy, and best friend, Scarlet, Kay completes her operations flawlessly. She's always on target with her missions, until one day Kay meets an enigmatic stranger who changes her aim. When an underground tycoon threatens one of the world's most precious cities, she finds herself having to trust this new, mysterious ally. She starts to wonder if life really is black and white, or if there are shadowy grays that can turn her entire world upside down. Kay Verdant soon learns that the line between herself and the other side of the law isn't always so clear.




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.




How Rights Went Wrong


Book Description

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.




Law in the Courts of Love


Book Description

Law in the Courts of Love traces the literary history and diversity of past legal systems. These 'minor jurisprudences' range from the spiritual laws of the courts of conscience to the code and judgements of love handed down by women's courts in medieval France. Professor Goodrich presents the 15th Century Courts of Love in Paris as one instance of an alternative jurisdiction drawn from the diversities of the legal and literary past. Their textual records are correspondingly mixed in genre, being in the form of poems, narratives, plays, treaties and judicial decisions. More broadly, these studies trace certain boundaries of modern law and make up one of many forms of legal knowledge which escape today's vision of a unitary law. The author believes that the unquesionable faith in a unity law and its distance from person and emotion is precisely what makes impossible the attention to the individual that justice ultimately requires. Law in the Courts of Love shows how the historical diversity of forms and procedures of law can competently form the basis for critical revisions of contemporary legal doctrine and professional practice. This book will be of interest to undergraduate and postgraduate students of law and literature, critical legal studies and legal history, or anyone wishing to specialise in feminist legal theory.




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




Code


Book Description

There's a common belief that cyberspace cannot be regulated-that it is, in its very essence, immune from the government's (or anyone else's) control.Code argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code-the software and hardware that make cyberspace what it is. That code can create a place of freedom-as the original architecture of the Net did-or a place of exquisitely oppressive control.If we miss this point, then we will miss how cyberspace is changing. Under the influence of commerce, cyberpsace is becoming a highly regulable space, where our behavior is much more tightly controlled than in real space.But that's not inevitable either. We can-we must-choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies.




A Right to Lie?


Book Description

Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.




The Law of Corporations and Other Business Organizations


Book Description

Other Delmar publications include: Paralegals in American Law; Paralegal Careers; Paralegal Ethics; and Pocket Guide to Legal Ethics.