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The Militia and the Right to Arms, or, How the Second Amendment Fell Silent
"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...
Virtual Justice
Sensational trials obsessively televised and reported by news media have led many Americans to question the effectiveness of their criminal justice system. Do police have the laws they need-or the competence-to do their job? Can juries recognize the truth in the tangle of evidence presented to them? What do lawyers actually contribute to the quest for justice in the criminal court? In this fascinating book a distinguished legal authority examines the flaws, contradictions, and weaknesses in our American justice system. The gripping stories he tells about the investigation and trial of criminal cases reveal what's really going on and demonstrate how the system often fails to deliver true just...
Tempered Zeal
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The Army Lawyer
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The Tilted Playing Field
Although evenly matched adversaries make for a more exciting athletic contest, and a level playing field is essential to a fair game, is the same true in a criminal trial? In this compelling new book, H. Richard Uviller argues that a criminal trial is not analogous to a sporting event. Prosecutors and defense attorneys are, in critical respects, different from each other, and the allocation of advantages to each must be uneven in order to be fair.In a lively exploration of the powers of the prosecutor and the prerogatives of the defense, Uviller asks where our criminal justice system is fair though unequal and where its inequalities may subvert fair results. On the one hand, he points out, t...
Commission Hearings
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The Ground of Professional Ethics
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.
Out of Range
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...
Confessions, Truth, and the Law
An analysis of the Miranda decision and the rights of the accused in the criminal justice system
The Lawyer's Guide to Writing Well
This eminently practical volume demystifies legal writing, outlines the causes and consequences of bad writing, and prescribes straightforward, easy-to-apply remedies that will make your writing readable. Complete with usage notes that address lawyers' most common errors, this well-organized book is both an invaluable tool for practicing lawyers and a sensible grounding for law students. This much-revised second edition contains a set of editing exercises (and a suggested revision key with explanations) to test your skill. This book is a definitive guide to becoming a better writer—and a better lawyer.
