In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Admirably clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. Since 2001 Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward.
Als glUckliche Bestimmung gilt es mir heute, da das Schicksal mir zum Geburtsort gerade Braunau am Inn zuwies. Liegt doch dieses StAdtchen an der Grenze jener zwei deutschen Staaten, deren Wiedervereinigung mindestens uns JUngeren als eine mit allen Mitteln durchzufUhrende Lebensaufgabe erscheint! DeutschOsterreich mu wieder zurUck zum groen deutschen Mutterlande, und zwar nicht aus GrUnden irgendwelcher wirtschaftlichen ErwAgungen heraus. Nein, nein: Auch wenn diese Vereinigung, wirtschaftlich gedacht, gleichgUltig, ja selbst wenn sie schAdlich wAre, sie mUte dennoch stattfinden. Gleiches Blut gehOrt in ein gemeinsames Reich. Das deutsche Volk besitzt solange kein moralisches Recht zu kolonialpolitischer TAtigkeit, solange es nicht einmal seine eigenen SOhne in einem gemeinsamen Staat zu fassen vermag. Erst wenn des Reiches Grenze auch den letzten Deutschen umschliet, ohne mehr die Sicherheit seiner ErnAhrung bieten zu kOnnen, ersteht aus der Not des eigenen Volkes das moralische Recht zur Erwerbung fremden Grund und Bodens. Der Pflug ist dann das Schwert, und aus den TrAnen des Krieges erwAchst fUr die Nach welt das tAgliche Brot. So scheint mir dieses kleine GrenzstAdtchen das Symbol einer groen Aufgabe zu sein.
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
Bryan Garner is the most trusted living usage expert of our day, and Garner's Modern English Usage is the preeminent guide to the effective use of the English language. With well over 6,000 entries on English grammar, syntax, word choice, punctuation, capitalization, spelling, and style, thisbook is adored by professional writers and general readers alike. In this major update to a timeless classic, Bryan Garner has dramatically expanded coverage of international English usage, making the volume for the first time a guide not only to American English usage, but to English usage aroundthe globe. Interest in the English language is greater than ever; English is the lingua franca not only of higher education and academia, but of science, business, computing, aviation, and even - arguably - entertainment. An awareness of global English matters today as never before. To ensure that BryanGarner's clear, unambiguous advice resonates with English-speakers worldwide, more than 2,000 entries have been revised to account for the nuances of English not only in the United States, but in Australia and New Zealand, the United Kingdom, Canada, and South Africa. Not everything has changed: readers will still find the popular "Garner's Language-Change Index" which registers where each disputed usage in modern English falls on a five-stage continuum from non-acceptability (to the language community as a whole) to acceptability, giving the book a consistentstandard throughout. Bryan Garner's tools for scientific accuracy are, however, fully updated: this fourth edition benefits from usage data generated by Google Ngrams, which charts frequencies of any word or short sentence in sources printed after 1800. With thousands of concise entries, longer essays on problematic areas such as subject-verb agreement and danglers, and meticulous citations of the New York Times, Newsweek, and other leading journalistic sources, this fourth edition of Garner's Modern English Usage provides priceless referenceinformation to anyone hoping to improve as a writer - worldwide.
The Legal Education Group is proud to announce the creation of a new series built on the tradition of excellence of the world's most widely cited and best-selling legal reference, Black's Law Dictionary. The first book in this new series, A Handbook of Basic Law Terms, includes more than 1,000 key words and phrases with accurate and clear definitions. The Handbook is an essential guide to legal literacy for students, business people, journalists, politicians-anyone who wants to be an informed citizen. The Handbook also includes the full U.S. Constitution and a list of basic law books for easy reference.
An indispensable aid for anyone who prepares legal documents ? including law students, law professors, practicing lawyers, and judges ? Garner's The Redbook: A Manual on Legal Style provides the comprehensive guide to the essential rules of legal writing. It gives detailed, authoritative advice on grammar, style, punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal contexts. The Redbook focuses on the special needs of legal writers, emphasizing the ways in which legal writing differs from other styles of technical writing. Its how-to sections cover editing and proofreading, numbers and symbols, overall document design, and more. The Redbook also gives tips on preparing briefs and other court documents, opinion letters, demand letters, research memos, and contracts. It explains the correct usage of and provides everyday English translations for more than 1,000 words that are often troublesome to legal writers, 200 terms of art that take on new meanings in legal contexts, 800 words with required prepositions in certain contexts, and 500 stuffy phrases and needless legalisms.
This new Garner title consolidates into one set of covers all the best advice on legislative drafting. Garner elucidates his blackletter principles with statutory rewrites from all 50 states as well as from federal statutes. He demonstrates how legislation can be streamlined, simplified, and clarified. The exmaples show stunning improvements. Commissioned by the Uniform Law Commission, Garner's work here represents another in his string of first-rate reference books. No legislative drafter should be without it. In the back of the book are two model statutes plus a typically poor statute annotated to explain its deficiencies. Also included is a groundbreaking essay on the optimal method for expressing criminal prohibitions. Throughout the book appear shaded boxes containing timeless quotations from leading commentators on legislative drafting from the 18th century to the present day. Together the the book's extensive bibliography, these quotations place Garner's principles into a historical context. They also underscore the degree to which legislative drafters have neglected many long-standing principles of legal drafting. The foreward by Harriet Lansing, president of the Uniform Law Commission, says of Garner's work: "With these Guidelines--with his earlier booklet on court rules--Bryan Garner has made an incomparable contribution to clarity and coherence in the halls of our legislatures, the pages of our statute books, and the everyday world of all people as we try to plan our lives and predict legal consequences."
Created by the Legal Education Group in the tradition of the worlds widely cited and best-selling legal reference, "Blacks Law Dictionary." The second book in a new series, this handbook includes accurate, clear definitions to more than 3,000 business law key words and phrases.
Clear thinking is crucial in the legal arena and involves critical thought about how words and phrases are used. This handbook contains police terms such as preventive detention and protective sweep, and phrases from judge-made law such as independent-source rule and open-fields doctrine. Terms such as credit-card crime and cyberstalking reflect technological and social changes. Meanwhile, legislation continues to be a source of new terms, such as Brady Act and Megan's Law. Use this handbook as a source to find your way through the maze of legal language.
Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt
Author: Jelena von Achenbach
Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.
“[Murphy’s] biography of Justice Scalia is patient and thorough, alive both intellectually and morally….Functions as an MRI scan of one of the most influential conservative thinkers of the twentieth century.” (The New York Times): An authoritative, incisive and deeply researched book about of the most controversial Supreme Court justice of our time. Scalia: A Court of One is the compelling story of one of the most polarizing figures to serve on the nation’s highest court. Bruce Allen Murphy shows how Scalia changed the legal landscape through his controversial theories of textualism and originalism, interpreting the meaning of the Constitution’s words as he claimed they were understood during the nation’s Founding period. But Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism and political partisanship as by his reading of the Constitution; his opinionated speeches, contentious public appearances, and newsworthy interviews have made him a lightning rod for controversy. Scalia is “an intellectual biography of one of [the Supreme Court’s] most colorful members” (Chicago Tribune), combined with an insightful analysis of the Supreme Court and its influence on American life over the past quarter century. Scalia began his career practicing law in Cleveland, Ohio, and rose to become the president’s lawyer as the head of the Office of Legal Counsel for President Gerald R. Ford. His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In 1986, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court. Scalia’s evident legal brilliance, ambition and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, David Souter, and Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.