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The Soul of the First Amendment: Why Freedom of Speech Matters
by Floyd AbramsA lively and controversial overview by the nation’s most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution—the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
Speaking Freely
by Floyd AbramsThe rights guaranteed in the First Amendment—including freedom of expression—are among the fundamental touchstones of our democracy. In Speaking Freely, Floyd Abrams, who for over thirty years has been our most eloquent and respected advocate for uncensored expression, recounts some of the major cases of his remarkable career—landmark trials and Supreme Court arguments that have involved key First Amendment protections. With adversaries as diverse as Richard Nixon and Wayne Newton and allies as unlikely as Kenneth Starr, Abrams takes readers behind the scenes to explain his strategies, the ramifications of each decision, and its long-term significance, presenting a clear and compelling look at the law in action. .
Contemporary Family Law (American Casebook)
by Douglas E. Abrams Naomi R. Cahn Catherine J. Ross Linda C. McClainThe book emphasizes that contemporary families take a variety of forms, including marital and nonmarital adult relationships, and that constitutional considerations play an increasingly important role in family law. The fifth edition preserves and builds on the approach of the earlier editions: presenting core substantive family law doctrine while also exploring ongoing and emerging policy debates and discussing the importance of cross-disciplinary collaborations with experts in fields such as psychology and accounting. <p><p> A limited number of new cases replace older ones in most chapters, and the introductions to and notes and questions following each lead case, statute, or article have been thoroughly updated. In addition, problems for discussion in each chapter―including new and updated problems for this edition―enable students to apply doctrine in real-life settings that lawyers face. The book also introduces the myriad issues central to family law practice and to a lawyer's ethical and professional responsibilities. <p><p> The book includes material on shifting paradigms in family law practice and the roles of family lawyers, and devotes separate chapters to professional ethics, alternative dispute resolution, and private ordering. The book addresses jurisdictional issues in one integrated chapter. In addition to providing a grounding in the historical and contemporary regulation of marriage, the book includes material throughout on the legal treatment of nonmarital couples and their children. The book also explores the diverse pathways to legal parentage and their impact on parent-child and co-parent relationships. Moreover, because child custody arrangements lead to some of the most acrimonious family disputes, this casebook devotes two chapters to custody: the first treats the initial custody decision, and the second explores continuing litigation concerning visitation, custody, and key childrearing decisions after the initial disposition, including disputes involving third parties such as cohabitants and grandparents. Both custody chapters include disputes involving nonmarital children. The fifth edition includes new and expanded material throughout.
Sandra Day O'Connor: U. S. Supreme Court Justice
by Dennis AbramsFrom an early age, Sandra Day O'Connor challenged the traditional gender role assigned to women. Growing up on the Lazy B Ranch in the Southwest, she could mend a fence, ride a horse, shoot a rifle, and drive a tractor by the time she was eight years old. Though in the top 10 of her Stanford Law class--and only one of five women--O'Connor was unable to find a position at any law firm because of her sex. Undeterred, she opened her own law practice. After entering politics, she was the first female majority leader in the Arizona State Senate before becoming a justice on the U. S. Court of Appeals for the Ninth Circuit. In 1981, she ascended to the U. S. Supreme Court as the first female associate justice, appointed by President Ronald Reagan. Sandra Day O'Connor: U. S. Supreme Court Justice examines her life and the decisions she made while serving on the nation's highest court.
Alabama v. King: Martin Luther King Jr. and the Criminal Trial That Launched the Civil Rights Movement
by Dan Abrams Fred D. GrayThe defense lawyer for Martin Luther King, Jr., Rosa Parks, the Selma marchers, and other civil rights heroes reveals the true story of the historic trial that made Dr. King a national hero. Fred D. Gray was just twenty-four years old when he became the defense lawyer for Dr. Martin Luther King, Jr., a young minister who had become the face of the bus boycott that had rocked the city of in Montgomery, Alabama. In this incredible history, Gray takes us behind the scenes of that landmark case, including such unforgettable moments as: *Martin Luther King's courageous response to a bomb threat on his own home*Poignant, searing testimony that exposed the South's racist systems to an worldwide audience*The conspiracy to destroy Gray's career and draft him into the Vietnam War*The unforgettable moment when a Supreme Court ruling brought the courtroom to a halt Alabama v. King captures a pivotal moment in the fight for equality, from the eyes of the lawyer who Dr. King called "the brilliant young leader who later became the chief counsel for the protest movement."
Kennedy's Avenger: Assassination, Conspiracy, and the Forgotten Trial of Jack Ruby
by Dan Abrams David FisherNew York Times bestselling authors Dan Abrams and David Fisher bring to life the incredible story of one of America’s most publicized—and most surprising—criminal trials in history.No crime in history had more eyewitnesses. On November 24, 1963, two days after the killing of President Kennedy, a troubled nightclub owner named Jack Ruby quietly slipped into the Dallas police station and assassinated the assassin, Lee Harvey Oswald. Millions of Americans witnessed the killing on live television, and yet the event would lead to questions for years to come.It also would help to spark the conspiracy theories that have continued to resonate today.Under the long shadow cast by the assassination of America’s beloved president, few would remember the bizarre trial that followed three months later in Dallas, Texas. How exactly does one defend a man who was seen pulling the trigger in front of millions? And, more important, how did Jack Ruby, who fired point-blank into Oswald live on television, die an innocent man?Featuring a colorful cast of characters, including the nation’s most flamboyant lawyer pitted against a tough-as-Texas prosecutor, award-winning authors Dan Abrams and David Fisher unveil the astonishing details behind the first major trial of the television century. While it was Jack Ruby who appeared before the jury, it was also the city of Dallas and the American legal system being judged by the world.
Making an Impact - Children and Domestic Violence: A Reader
by Hilary Abrahams Chris Pearson Nicola Harwin Marianne HesterThis fully updated Reader provides a comprehensive review of recent research and legislation relating to domestic violence and its consequences for children, and identifies the implications for practice. It is divided into three parts. Part One describes evidence for the links between domestic violence and the concomitant abuse of children and assesses the effects on children's future well-being. Part Two is a comprehensive and accessible guide to relevant current criminal and civil legislation. Highlighting the success of multi-agency approaches, the final part details practical issues for interventions with children and their carers, male perpetrators, and, new to this edition, women. Endorsed by children's charities including the NSPCC and Barnardo's, Making an Impact enables professionals working with children to develop informed, sophisticated and collaborative child care and protection responses for children who are experiencing domestic violence.
Tort Law and the Construction of Change: Studies in the Inevitability of History
by Kenneth S. Abraham G. Edward WhiteTort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law—civil law made by judges, not legislators—is traditionally thought to arise out of legal precedent. But Kenneth S. Abraham and G. Edward White show that American judges over the course of the previous two centuries also paid close attention to changing societal contexts in which lawsuits for civil injuries arose. They argue that two versions of history–one grounded in the application of previous legal rules and the other responsive to larger societal changes—must be considered in tandem to grasp fully how American civil law has evolved over time.In five fascinating chapters, they cover understudied areas of tort law, such as liability for nonphysical harm—including lawsuits for defamation, privacy, emotional distress, sexual harassment, and the hacking of confidential information—and aspects of tort litigation that have now disappeared, such as the prohibition against "interested" parties testifying in civil actions or the intentional infliction of temporal damage without justification. What emerges is a picture of the complicated legal dance American judges performed to cloak their decisions to make at times radical changes in tort law in response to social transformations. When confronting established tort doctrines under pressure from emerging social changes, they found ways to preserve at least the appearance of doctrinal continuity.
The Forms and Functions of Tort Law (second edition)
by Kenneth S. AbrahamThis book is designed to provide a concise analysis of the conceptual foundations of tort liability.
The Liability Century: Insurance and Tort Law from the Progressive Era to 9/11
by Kenneth S. AbrahamKenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001.From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A “liability-and-insurance spiral” emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance.Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance––that spreading losses among large numbers of policyholders is desirable––came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand.Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
The Forms and Functions of Tort Law (Concepts and Insights Series)
by Kenneth AbrahamThe perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases and analyzes their implications, presenting the law of torts within a curricular context and covering the materials that law students are likely to encounter in a variety of courses. This straightforward, readable text addresses both rules and policy, and presents topics in a way that helps students effectively grapple with issues. Since each chapter stands on its own, the book is ideal as a classroom text, as well as for self-directed reading by students.
The Therapeutic Nightmare: The battle over the world's most controversial sleeping pill (Health And The Environment Ser.)
by John Abraham Julie SheppardHow do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.
The Judiciary: Tenth Edition
by Henry J. AbrahamRevised and updated to include the latest Supreme Court decisions, this classic text, now in its tenth edition, provides a concise overview of the judiciary in general and the Supreme Court in particular. The only book available that combines theory and practice of the judicial process with civil rights and liberties, The Judiciary acquaints students with the intricacies of our courts, the people who compose them, and their relationship to other branches of government, as well as to individuals and groups.
Behavioural Aspects of Auditors' Evidence Evaluation: A Belief Revision Perspective
by Magda Abou-Seada Magdy Abdel-KaderThis title was first published in 2003. Based on psychological research, auditing studies have focused on 'belief revision' as a way of understanding how auditors evaluate evidence. Moreover a belief revision process is consistent with US auditing standards. UK standards on the other hand do not appear to give guidance on the process to follow when evaluating evidence. Research in the US indicates that auditors do in fact follow a belief revision process in accordance with US standards. Employing survey research (based on personal interviews with a number of experienced UK auditors) this book demonstrates how auditors prefer to be described as following the open mind approach. Building on the findings of the interviews the book then describes an experimental study to investigate the differences between the belief revision and open mind approaches in terms of their effect on the efficiency and effectiveness of the audit process. The book concludes that the belief revision approach would improve the efficiency of the audit process without affecting its effectiveness or outcomes.
Public Assistance Volume 1: American Principles and Policies
by Edith AbottPUBLIC ASSISTANCE VOLUME I American Principles and Policies In Five Parts: With Select Documents
R2P and the US Intervention in Libya
by Paul Tang AbomoThis book argues that the Responsibility to Protect (R2P) the Libyan people played an important role in the U.S.’s decision to act, both in terms of how the language of deliberation was framed and the implementation of the actual intervention once all preventive means had been exhausted. While the initial ethos of the intervention followed international norms, the author argues that as the conflict continued to unfold, the Obama administration’s loss of focus and lack of political will for post-conflict resolution, as well as a wider lack of understanding of ever changing politics on the ground, resulted in Libya’s precipitation into chaos. By examining the cases of Rwanda and Darfur alongside the interventions in Kosovo, Iraq and Afghanistan, the book discusses how these cases influenced current decision-making with regards to foreign interventions and offers a triangular framework through which to understand R2P: responsibility to prevent, react and rebuild.
Why Do Banks Fail and What to Do About It: The Role of Risk Management, Governance, Accounting, and More (Contributions to Finance and Accounting)
by Nordine Abidi Bruno Buchetti Samuele Crosetti Ixart Miquel-FloresBanks play a crucial role in the global economy, yet they are vulnerable to failures that can have catastrophic effects. Key questions arise: What causes bank failures? What drives these failures? Can we avoid a banking crisis? What happens when a bank fails?This book explores the causes, consequences, and potential prevention of banking crises. It begins by examining the fundamental roles of banks in the economic system, focusing on their intermediary functions like liquidity provision, payment management, asset transformation, and borrower oversight. The book then delves into the challenges facing the banking sector, including cyber threats, climate change, and geopolitical instabilities.The second chapter addresses the primary risks banks face, such as liquidity, credit, market, interest rate, IT, and environmental risks, and how these contribute to banking failures. Chapter three shifts focus to financial statements, contrasting those of commercial and investment banks with non-financial companies, and discusses the impact of creative accounting in recent banking collapses.Governance issues and their role in banking failures are the focus of chapter four, highlighting the crucial need for effective risk monitoring by bank directors. The final chapter illustrates the process of bank resolution and the evolving strategies of resolution authorities in ensuring bank stability. Targeted at researchers, regulators, and practitioners, this book comprehensively covers the drivers of banking failures, regulatory improvement suggestions, and real-world case studies. It emphasizes the importance of banks in today’s economy, their unique risks, and the aftermath of their failure, aiming to provide a threefold contribution to understanding and managing banking crises.
Syria: The Tragedy of a Pivotal State
by Rajendra M. AbhyankarThe book focuses, through multiple levels of international reality, on the pervasive and widespread effect of the Syrian civil war on the unravelling of established norms---both global or national--- which have determined international relations during the last seven decades. It postulates that since 2011, the Syrian situation has catalysed the breakdown of the international system based on the United Nations and the Bretton Woods institutions. The core international values fostered by that system now laid waste, among others, are sovereignty, non-interference, sanctity of UN Security Council approval for waging war, human rights, protection of civilian populations, and the right of people to choose their own governments/leaders. By making the UNSC powerless in providing humanitarian assistance or fostering cease-fire and peace-making it has called into question the principles which have been held immutable for seventy years. More importantly, these norms have been breached by their originators. The book takes a wider perspective melding together the civil war’s international, regional and national consequences to understand how and why this one event has radiated profound consequences for the international system.
National Space Legislation for India: Proposal for a Draft Framework
by Kumar AbhijeetThis book discusses the need for national space legislation in India in the wake of private stakeholders entering the field and the expansion of outer space activities. Highlighting India’s commitment to responsibly pursuing its outer space ambitions through rule of law, the book discusses the rationale behind national space legislation and addresses the requirements of both international and domestic law. In order to suggest draft framework national space legislation for India, it examines and compares the legislations of twenty major space-faring countries to identify the best practices. One of the few scientific studies in India that proposes draft framework legislation for space activities in India, this book summarizes the three main reasons why national space legislation is necessary – to fulfill international obligations, to address India’s specific requirements and to enable non-governmental entities to participate. A must read for anyone interested in international space law and India’s role and responsibility toward it, it is a valuable resource for academics, scientists, policymakers, industry executives, lawyers and students as well as amateur space enthusiasts.
Banking and Debt Recovery in Emerging Markets: The Law Reform Context (Routledge Revivals)
by Sonali AbeyratneThis title was first published in 2001. A developing country that is pursuing free market economic policies requires a modern commercial law infrastructure, which enables the emerging economy to have in place properly functioning credit and other financial systems which stimulate domestic and foreign investment. This book provides a comparative analysis of the law and practice of debt recovery in India, Sri Lanka and Malaysia, demonstrating that a suitable debt-recovery system for a developing economy requires not only good laws and judicial remedies, but also appropriate financial industry practices such as credit and loan supervision policies.
Aeronomics and Law: Fixing Anomalies
by Ruwantissa AbeyratneThis book embarks on a contemporary analysis of the interaction of economics and law relating to air transport, delving into the major issues that plague the industry. It shows how some of the thorny and frustrating issues could be approached sensibly. Among the issues discussed are the anomaly of exponential growth of air transport which makes airline profitability continue to be poor; the legislative impediments in most countries that preclude direct foreign investment in the industry; the confounding and muddled mess behind the economics of aircraft engine emissions; and the inexplicable reality that, although civil aviation is primarily meant to meet the needs of the people of the world, State regulators have upended the equation and given priority to national interests over the interests of the passenger. The book will be of interest to economists and lawyers alike who deal with air transport issues, and also to academics and students in the area of transportation as well as regulators and airlines.
Air Navigation Law
by Ruwantissa AbeyratneThe aviation community, in which the International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the Civil Air Navigation Services Organization (CANSO) play leading roles, is hard at work in bringing aviation into the 21st Century. In doing so, the United States and Europe have taken proactive steps forward in introducing modernization, particularly in moving towards more efficient air traffic management systems within NextGen and SESAR. Elsewhere, in the fields of personnel licensing, rules of the air, accident investigation and aeronautical charts and information, significant strides are being made in moving from mere regulation to implementation and assistance calculated to make all ICAO member States self sufficient in international civil aviation. However, these objectives can be achieved only if the aviation industry has a sustained understanding of the legal and regulatory principles applying to the various areas of air navigation. This book provides that discussion. Some of the subjects discussed in this book are: sovereignty in airspace; flight information and air defence identification zones; rules of the air; personnel licensing; meteorological services; operations of aircraft; air traffic services; accident and incident investigation; aerodromes; efficiency aspects of aviation and environmental protection; aeronautical charts and information; the carriage of dangerous goods; and NextGen and SESAR . Except for NextGen and SESAR, these subjects form the titles of the Annexes to the Chicago Convention that particularly involve the rights and liabilities of the key players involved in air navigation.
Air Transport and Pandemic Law: Legal, Regulatory, Ethical and Economic Issues
by Ruwantissa AbeyratneThe book discusses legal, ethical, economic and trade aspects of the Pandemic as it affects air transport. It commences with the chronology of the virus spread and examines the various facets of human existential perspectives affected by the pandemic. Following this background is an evaluation of the effect on trade and economics, as well as the legal and regulatory structure concerning communicable diseases applicable to air transport. There is also a detailed discussion on legal liabilities and responsibilities of the State, airlines, airports and public both collectively and individually in coping with the pandemic against the backdrop of public health and the law. The Conclusion contains various recommendations on proactive measures that could be taken to ensure the establishment of a credible and effective legal and regulatory system to combat future pandemics.
Aviation and International Cooperation: Human and Public Policy Issues
by Ruwantissa AbeyratneThis book addresses an essential gap in the regulatory regime, which provides legislation, statements and guidelines on airlines, airports, air navigation services providers and States in the field of aviation, but is notably lacking when it comes to the rights of the airline passenger, and the average citizen who is threatened by military air strikes. It addresses subjects such as international resolutions on human rights and other human rights conventions related to aviation that impact both air transport consumers and people on the ground who are threatened by air strikes through drone attacks; disabled and obese airline passengers; compensation for delayed carriage and the denial of carriage; noise and air pollution caused by aviation and their effects on human health and wellbeing; prevention of death or injury to passengers and attendant compensatory rights; risk management; relief flights; and racial profiling. These subjects are addressed against the backdrop of real case studies that include but are not limited to instances of drone attacks, and contentious flights in the year 2014 such as MH 370, MH 17 and QZ 8501.
Aviation in the Digital Age: Legal and Regulatory Aspects
by Ruwantissa AbeyratneAll of the topics discussed in this book – from sovereignty to cybercrime, and from drones to the identification of passengers & privacy – are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore’s Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information – all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition.