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"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." —Amendment II, United States Constitution The Second Amendment is regularly invoked by opponents of gun control, but H. Richard Uviller and William G. Merkel argue the amendment has nothing to contribute to debates over private access to firearms. In The Militia and the Right to Arms, or, How the Second Amendment Fell Silent, Uviller and Merkel show how postratification history has sapped the Second Amendment of its meaning. Starting with a detailed examination of the political principles of the founders, the authors build the case that the ame...
The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments."--BOOK JACKET.
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In a series of landmark decisions in the early 1960s, the United States Supreme Court revolutionized police procedures by imposing stricter requirements, such as search warrants, Miranda warnings, and the exclusion of improperly obtained evidence from trial. Today, these innovations remain largely intact and form the basis of current American criminal procedure law, even in the face of considerable criticism and an increasing conservative domination of the Court. But despite the survival of the Warren Court doctrine, everyone involved in the system--police, prosecutors, crime victims, academic commentators, and judges, including the Supreme Court Justices themselves—regard the current bo...
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As each week beings more stories of doctors, lawyers and other professionals abusing their powers, while clients demand extra services as at a time of shrinking resources; it is imperative that all practising professionals have an understanding of professional ethics. In The Ground of Profesional Ethics, Daryl Koehn discusses the practical issues in depth, such as the level of service clients can justifiably expect from professionals, when service to a client may be legitimately terminated and circumstances in which client confidences can be broken. She argues that, while clients may legitimately expect professionals to promote their interests, professionals are not morally bound to do whatever a client wants. The Ground of Professional Ethics is important reading for all practising professionals, as well as those who study or have an interest in the subject of professional ethics.
Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing th...
An analysis of the Miranda decision and the rights of the accused in the criminal justice system