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  American Constitutional Law: An Overview, Analysis, and Integration

  William A. Kaplin

  Conveniently divided into fifteen chapters with numerous subsections, this book presents a clear, comprehensive, and integrated introduction to the U.S. Constitution and American constitutional law. Kaplin develops the basic concepts, conceptual distinctions, and first principles that provide the foundation for constitutional law; the process by which the Constitution is interpreted; and the analytical methodologies by which individual clauses are applied to new circumstances. Leading U.S. Supreme Court cases, especially the classical cases, are also presented and analyzed throughout.

  The author periodically uses history, political science, and jurisprudence to enhance the reader’s understanding of the subject, including a section on constitutionalism from the early Greek philosophers to the present; historical timelines of Supreme Court case developments; and expositions of the American concepts of federalism and separation of powers. Several sections also discuss the inter-relationship between the federal Constitution and state constitutions.

  This book contains substantial study guidance for students in law school courses or law-related graduate school courses, and readers who are engaged in independent learning apart from any formal course. There are learning exercises at many points in the book, for instance, followed by answer guidelines. There is also a section on study suggestions at the end of each substantive chapter; a methodology for reading and analyzing cases; guidance on study techniques and exam taking; and bibliographies to guide further reading.

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  Eternal Bonds, True Contracts: Law and Nature in Shakespeare’s Problem Plays

  A.G. Harmon

  In Eternal Bonds, True Contracts, A. G. Harmon closely analyzes Shakespeare's concentrated use of the law and its instruments in what have often been referred to as the problem plays: Measure for Measure, Troilus and Cressida, The Merchant of Venice, and All's Well That Ends Well. Contracts, bonds, sureties, wills—all ensure a changed relationship between parties, and in Shakespeare the terms are nearly always reserved for use in the contexts of marriage and fellowship. Harmon explores the theory and practice of contractual obligations in Renaissance England, especially those involving marriage and property, in order to identify contractual elements and their formation, execution, and breach in the plays. Using both legal and literary resources, Harmon reveals the larger significance of these contractual concepts by illustrating how Shakespeare develops them both dramatically and thematically. Harmon's study ultimately enables the reader to perceive not only these plays but also all of Shakespeare's writing—including his poetry—as integral with, and implicated in, the proliferating legalism that was helping to define early modern English culture.

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  Theater Law: Cases and Materials

  Marin Roger Scordato and Robert M. Jarvis

  Although normally thought of in terms of its creative and artistic values, staging a play or musical involves numerous legal relationships and obligations. Accordingly, this casebook provides the first comprehensive overview of the law governing the theater industry. Among the subjects examined are the history of the theater; the practice of theater law; the creative rights of playwrights; the financial rights of producers and investors; the employment rights of directors, performers, and crew members; and the attendance rights of audiences. While principally concerned with Broadway and Off-Broadway productions, the final two chapters focus on road tours and amateur theater groups.

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  The Capability Problem in Contract Law: Further Readings on the Well-Known Cases

  Geoffrey R. Watson and Richard Danzig

  After a quarter century in active use, this respected title has been revised and expanded in a collaboration between its original author, Professor Richard Danzig and Professor Geoffrey Watson of Catholic. The materials in this book are widely recognized as an invaluable complement to contracts casebooks. A mixture of essays, interviews, newspapers, and court records combines to take students behind appellate court opinions that are the staples of the first year law student's diet. By showing that "facts" are typically ambiguous and difficult to ascertain, that litigation narrows and thereby distorts experience, that race, class, gender, and quality of representation affect findings, that psychological variables often dominate practical, economic, and legal considerations, and that outcomes are often not what they seem, these materials raise fundamental questions about American law in general, and the law of contracts in particular. The Second Edition drops some material not now widely

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  The Vatican-Israel Accords: Political, Legal, and Theological Contexts

  Marshall J. Breger

  When The Fundamental Agreement between the Holy See and the State of Israel was signed on December 30, 1993, it established diplomatic ties between the Vatican and Israel for the first time. Published during the tenth anniversary year of this historic document, The Vatican-Israel Accords brings together essays that analyze the legal, historical, theological, and political meaning of the Accords.

  The compelling essays in this collection explore not only the document and events surrounding its signing, but also the past, present, and future of Catholic-Jewish relations. Contributors, who include scholars from Israel, Italy, France, Spain, and the United States, contend that the history and structure of the Accords offer lessons that may be instructive for others involved in seeking peaceful resolutions to conflict, particularly those who work for peace between Palestine and Israel. This book is for anyone interested in law, political science, ecumenism, diplomacy, or peace studies.

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  Jones on Evidence, Civil and Criminal (7th ed.)

  Clifford S. Fishman

  Jones on Evidence: Civil and Criminal integrates coverage of the Federal Rules of Evidence and the latest revised Federal Rules of Procedure, and provides guidance on how to apply the rules. It also offers expanded coverage of exclusionary law. How-to outlines oversee every step and provide concise statements of each rule, including any variations.

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  Modern Constitutional Theory: A Reader (5th ed.)

  John H. Garvey and Thomas A. Aleinikoff

  This work can be used as a supplement in law school constitutional law courses, or as a text for a course in constitutional theory. It first examines current influential theories of the Constitution, then examines various proposals for interpreting the Constitution, and then covers judicial review. Other chapters correspond with the major topics covered in constitutional law casebooks. The authors ask what and whose purposes are served by existing rules, and inquire whether some other organization is preferable. The selections take opposing positions on each subject, to make students aware of existing conflicts and to facilitate class discussion.

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  Public Policy and Social Issues: Jewish Sources and Perspectives

  Marshall J. Breger

  Jewish scholars and commentators address various social issues and public policies from a Jewish perspective. Designing public policies to meet the needs of a diverse society is challenging, and the variety of necessary perspectives are often clouded by competing ideas about social responsibility, personal freedom, religious beliefs, and governmental intervention. Here, prominent Jewish scholars and commentators address various social issues and public policies from a Jewish perspective, using Jewish sources and documents to elucidate responses and propose solutions that are in keeping with Jewish law as set out by the major documents of the Jewish faith.

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  Religious Liberty in a Pluralistic Society (2nd ed.)

  Robert A. Destro and Michael S. Ariens

  The second edition of Religious Liberty in a Pluralistic Society offers the same structure and thorough coverage of the law of religious liberty as the first edition, along with a new conceptual framework for approaching the religious liberty jurisprudence of the Supreme Court. The first four chapters offer a history of law and religion in the United States that extends from the framing of the Constitution to the early 1920s. Chapters Six through Thirteen examine the statute and case law governing religious liberty in a variety of settings and areas of law, including education, the workplace, tax, the courtroom, property, and the corporate boardroom. The few pronouncements of the United States Supreme Court in each of these areas serve as the anchors for thorough examination of the law of religious liberty in the state and lower federal courts.

  Ariens and Destro have reorganized Chapter Five, which examines the Supreme Court's efforts to craft a constitutional law of religious liberty since the 1940s. The new conceptual framework is based on the language and structure of the First Amendment, and is designed to help the reader understand and apply the rules the Court has developed in this important area of constitutional law. New in the notes to Chapter Five are references to comparative and international materials. The materials are updated through 2001, and a number of cases are more tightly edited than in the first edition. A revised teacher's manual with sample course outlines and problems will be available.

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  The Posse Comitatus Act of 1878: A Documentary History

  Stephen E. Young

  Stephen Young’s The Posse Comitatus Act of 1878: A Documentary History compiles 50 key documents tracing the history and application of the Posse Comitatus Act of 1878. This timely work includes important Congressional reports, regulations, Executive Orders of the President, Department of Defense directives, opinions of the Attorney General, armed forces regulations, opinions from the 1970’s “Wounded Knee” cases, and other valuable material.