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Author: Robert J. Miller Publisher: Bloomsbury Publishing USA ISBN: 0313071845 Category : Social Science Languages : en Pages : 241
Book Description
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author: Robert J. Miller Publisher: Bloomsbury Publishing USA ISBN: 0313071845 Category : Social Science Languages : en Pages : 241
Book Description
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author: Douglas E. Beloof Publisher: ISBN: Category : Law Languages : en Pages : 856
Book Description
In the new and revised 2005 edition of this outstanding casebook, authors Professor Doug Beloof, Judge Paul Cassell, and victims attorney Steven Twist review the expanding role of the crime victim in criminal procedure. Crime victims' law has been neglected in the education of law students even though it represents the single greatest "revolution" in criminal procedure in the last twenty years. The book addresses that neglect and provides lively and provocative materials about how victims fit into the contemporary criminal justice process. The casebook examines the role of the crime victim from the early stages of the criminal process (investigation and charging) through pre-trial discovery, plea bargaining, trial, and sentencing. The book includes not only recent caselaw concerning crime victims' rights, but also law review articles, victim impact statements, and other interesting materials. The authors provide the perfect set of reading materials for a full course on victims law, a seminar style discussion class, or supplemental materials for a conventional criminal procedure course. A teacher's manual will be available. "Every now and then, a book comes along that can truly be said to be a landmark in its field. . . . Victims in Criminal Procedure is such a book." --The Crime Victims Report on the First Edition
Author: Marc Bekoff Publisher: Oxford University Press ISBN: 019028787X Category : Science Languages : en Pages : 256
Book Description
Thinking bees, ice-skating buffaloes, dreaming rats, happy foxes, ecstatic elephants, despondent dolphins--in Minding Animals, Marc Bekoff takes us on an exhilarating tour of the emotional and mental world of animals, where we meet creatures who do amazing things and whose lives are filled with mysteries. Following in the footsteps of Konrad Lorenz and Niko Tinbergen, Bekoff has spent the last 30 years studying animals of every stripe--from coyotes in Wyoming to penguins in Antarctica. He draws on this vast experience, as well as on the observations of other naturalists, to offer readers fascinating stories of animal behavior, including grooming and gossip, self-medication, feeding patterns, dreaming, dominance, and mating behavior. Many of these stories are truly incredible--chimpanzees medicating themselves with herbal remedies, elephants clearly mourning a dead group member--but this is not simply a catalog of amazing animal tales, for Bekoff also sheds light on many of the more serious issues surrounding animals. He offers a thought-provoking look at animal cognition, intelligence, and consciousness and he presents vivid examples of animal passions, highlighting the deep emotional lives of our animal kin. All this serves as background for his thoughtful conclusions about humility and animal protection and animal well-being, where he urges a new paradigm of respect, grace, compassion, and love for all animals. Marc Bekoff has gone deep into the minds, hearts, spirits, and souls of animals, giving him profound insight into their lives, and no small insight into ours. Minding Animals is an important contribution to our understanding of animal consciousness, a major work that will be a must read for anyone who loves nature.
Author: Alison Schmitke Publisher: ISBN: 0807763705 Category : Education Languages : en Pages : 217
Book Description
"The Lewis and Clark Corps of Discovery is often presented as an exciting adventure story of discovery, friendship, patriotism. However, when viewed through a non-colonial lens, this same period in U.S. History can be understood quite differently. In BEYOND ADVENTURE, the authors provide a conceptual framework, ready-to-use lesson plans, and teaching resources to address oversimplified versions of the Lewis and Clark expedition"--
Author: Brian T. Fitzpatrick Publisher: University of Chicago Press ISBN: 022665933X Category : Law Languages : en Pages : 283
Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Lisa Benjamin Publisher: Cambridge University Press ISBN: 1108589987 Category : Law Languages : en Pages : 487
Book Description
Companies lie at the heart of the climate crisis and are both culpable for, and vulnerable to, its impacts. Rising social and investor concern about the escalating risks of climate change are changing public and investor expectations of businesses and, as a result, corporate approaches to climate change. Dominant corporate norms that put shareholders (and their wealth maximization) at the heart of company law are viewed by many as outdated and in need of reform. Companies and Climate Change analyzes these developments by assessing the regulation and pressures that impact energy companies in the UK, with lessons that apply worldwide. In this work, Lisa Benjamin shows how the Paris Agreement, climate and energy law in the EU and the UK, and transnational human rights and climate litigation, are regulatory and normative developments that illustrate how company law can and should act as a bridge to progressive corporate climate action.
Author: Neil Netanel Publisher: Oxford University Press ISBN: 0195137620 Category : Law Languages : en Pages : 287
Book Description
The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.
Author: Benita Eisler Publisher: W. W. Norton & Company ISBN: 039324086X Category : Biography & Autobiography Languages : en Pages : 497
Book Description
The first biography in over sixty years of a great American artist whose paintings are more famous than the man who made them. George Catlin has been called the “first artist of the West,” as none before him lived among and painted the Native American tribes of the Northern Plains. After a false start as a painter of miniatures, Catlin found his calling: to fix the image of a “vanishing race” before their “extermination”—his word—by a government greedy for their lands. In the first six years of the 1830s, he created over six hundred portraits—unforgettable likenesses of individual chiefs, warriors, braves, squaws, and children belonging to more than thirty tribes living along the upper Missouri River. Political forces thwarted Catlin’s ambition to sell what he called his “Indian Gallery” as a national collection, and in 1840 the artist began three decades of self-imposed exile abroad. For a time, his exhibitions and writings made him the most celebrated American expatriate in London and Paris. He was toasted by Queen Victoria and breakfasted with King Louis-Philippe, who created a special gallery in the Louvre to show his pictures. But when he started to tour “live” troupes of Ojibbewa and Iowa, Catlin and his fortunes declined: He changed from artist to showman, and from advocate to exploiter of his native performers. Tragedy and loss engulfed both. This brilliant and humane portrait brings to life George Catlin and his Indian subjects for our own time. An American original, he still personifies the artist as a figure of controversy, torn by conflicting demands of art and success.
Author: Paula Abrams Publisher: University of Michigan Press ISBN: 0472021397 Category : Law Languages : en Pages : 447
Book Description
"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters." ---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law "A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens." ---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School "A well-written, well-researched blend of law, politics, and history." ---Joan DelFattore, Professor of English and Legal Studies, University of Delaware In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court. In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state. Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.
Author: Christine Nero Coughlin Publisher: ISBN: 9781531020699 Category : Law Languages : en Pages : 0
Book Description
"Like the popular earlier editions, the fourth edition of A Lawyer Writes puts the reader in the place of a first-year attorney faced with real-life assignments. In doing so, it teaches law students not only how to succeed in law school, but also how to succeed in the practice of law. Using graphics and visual samples that demonstrate both effective and ineffective analytical techniques, this updated edition illustrates best practices for objective legal analysis and provides an overview of the transition from objective to persuasive writing. The content and examples in the fourth edition have been supplemented, updated, and reorganized to provide an easy-to-use, step-by-step approach for learning legal analysis and objective writing. A Lawyer Writes aims to provide clear and concrete instruction about each facet of legal analysis, using the same order students will follow when performing the tasks in legal practice. The textbook also provides the relevant theory and background behind the choices attorneys make in their legal writing, enabling students to transfer those techniques to future settings. Speaking to its readers in a straightforward manner, A Lawyer Writes communicates essential skills and theories students can use throughout a lifetime of legal practice"--
Author: Robert J. Miller
Author: Robert J. Miller
Author: Douglas E. Beloof
Author: Marc Bekoff
Author: Alison Schmitke
Author: Brian T. Fitzpatrick
Author: Lisa Benjamin
Author: Neil Netanel
Author: Benita Eisler
Author: Paula Abrams
Author: Christine Nero Coughlin