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If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's...
Progressive unions flourished in the 1930s by working alongside federal agencies created during the New Deal. Yet in 1950, few progressive unions remained. Why? Most scholars point to domestic anti-communism and southern conservatives in Congress as the forces that...
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective...
The West Virginia State Constitution provides a review of the history and development of West Virginia's Constitution and an updated section-by-section analysis of its meaning.The State has had two constitutions, the original that was ratified in 1863 and the current...
For a country of its size, Taiwan has a tremendous influence on world affairs and U.S. policy. The U.S.-Taiwan-China Relationship in International Law and Policy describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient...
Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of...
The Alabama State Constitution provides extensive analysis on American's longest state constitution, with an emphasis on the impact of recent court decisions declaring several of its most recently adopted provisions as in conflict with the U.S. Constitution and thus...
In United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics, Zachary D. Kaufman explores the U.S. government's support for, or opposition to, certain transitional justice institutions. By first presenting an overview of possible...
When should we try to prevent suicide? Should it be facilitated for some people, in some circumstances? For the last forty years, law and policy on suicide have followed two separate and distinct tracks: laws aimed at preventing suicide and, increasingly, laws aimed at...
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their...
Since the Revolutionary War, America's military and political leaders have recognized that U.S. national security depends upon the collection of intelligence. Absent information about foreign threats, the thinking went, the country and its citizens stood in great peril....
Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to...
Jewish copyright law is a rich body of jurisprudence that developed in parallel with modern copyright laws and the book privileges that preceded them.Jewish copyright law owes its origins to a reprinting ban that the Rome rabbinic court issued for three books of Hebrew...
As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at...
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning,...
Shortly after a dismembered torso was discovered by a pond outside Philadelphia in 1887, investigators homed in on two suspects: Hannah Mary Tabbs, a married, working-class, black woman, and George Wilson, a former neighbor whom Tabbs implicated after her arrest. As...
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. America's unique political development, characterized by skepticism of government power, has restrained the state's role not...
For all the attention paid to the Founder Fathers in contemporary American debates, it has almost been wholly forgotten how deeply they embraced an ambitious and intellectually profound valuation of foreign legal experience. Jedidiah Kroncke uses the Founders' serious...
In The Language of Fraud Cases, Roger Shuy follows the now well-established format of his previous volumes on language and law. He discusses here eight cases that he himself has consulted on, and that illustrate how linguistics can help to solve the various problems...
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