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Legal Anthropology: An Introduction
James M. Donovan
LEGAL ANTHROPOLOGY: AN INTRODUCTION offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the author outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. LEGAL ANTHROPOLOGY suggests that future progress can be made by treating as the distinguishing feature of law the perceived fairness of structural inequalities of social systems, rather than the traditional emphasis upon sanction or dispute resolution.
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Sexual Orientation and the Law: A Research Bibliography Selectively Annotating Legal Literature through 2005
James M. Donovan
SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law ...Read More
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Defining Religion
James M. Donovan
The charge of this essay was to review definitional trends of "religion." Four major types were discussed: content, behavior, mental, and functional. While each type has considerations that suggest its relevance, all are incomplete when examined in isolation. Consequently, two approaches combining these types were briefly discussed: conjunctive and generative. Judging the former inferior to the latter, it was suggested that only the functional definitions are capable of being truly generative. The most inclusive definition of religion, therefore, will be one that is generative functional. Clues as to what such a definition might look like are found first in the ...Read More
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Anthropology & Law
James M. Donovan and H. Edwin Anderson
This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.
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Modern Litigation and Professional Responsibility Handbook: The Limits of Zealous Advocacy
Richard H. Underwood, William H. Fortune, and Edward Imwinkelried
Find practical answers to hard questions about professional conduct -- and avoid wrong answers that could set back your firm -- with this authoritative guide to legal ethics. Drawing on statutes, standards, and actual cases, the authors show you how to: evaluate tactics for possible ethical consequences; understand and comply with statutes, procedural rules, and standards of professional conduct while zealously representing your client; prevent your opponents from turning the rules to their own advantage
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Trial Ethics
Richard H. Underwood and William H. Fortune
Trial Ethics is offered as an introduction to the variety of ethical problems encountered daily by trial lawyers in civil and criminal cases in the United States. Prepared by two academic lawyers who share the view that the content of the lawyer Codes has a practical and tactical dimension, the goal of Trial Ethics is to outline some of the traps and pitfalls a lawyer may encounter at the various stages of litigation, beginning with the initial interview and ending with appeal.
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Florida Water Law
Richard C. Ausness, Frank E. Maloney, Sheldon J. Plager, and Bram D.E. Canter
This study attempts to make a comprehensive examination of Florida water law, including both consumptive uses of water and land use activities that affect the aquatic environment. Florida Water Law examines: common law water rights; state, regional, and local water resource agencies; state regulation of consumptive uses; the law and administration of pollution control in Florida; diffused surface water; submerged lands and water boundaries.
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Foreign Seizures: Sabbatino and the Act of State Doctrine
Eugene F. Mooney
The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba v. Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court’s decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective.
Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is indefensible in light of its origin, the history of ...Read More
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Perpetuities Law in Action: Kentucky Case Law and the 1960 Reform Act
Jesse Dukeminier Jr.
Few rules of law can so quickly strike terror into the hearts of lawyers as the Rule against Perpetuities. This rule, two centuries in development, is designed to prevent tying up property for too long a time. It can be stated in one sentence, but the great nineteenth-century master of the Rule, John Chipman Gray, required more than 400 scrupulously detailed pages to explain it. For deceptive subtleties and unexpected traps it has no equal.
This book views the Rule in the microcosm of Kentucky cases. It shows that perpetuities law in action differs from perpetuities law in the books. ...Read More
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