When attorney Lucinda Hayes reluctantly agrees to represent the mother of a brutally slain child, she must convince the court that the makers of a pornographic film are liable for the murder. As the case unfolds, Lucinda calls upon all her personal strength and legal talent, facing down her own ghosts as well as the powerful entertainment industry's star lawyers.
In Chilling Effect, Wesson affirms the power of free speech to inspire the best and the worst human behavior and explores the tension between freedom and accountability
Download PDF of corrected version of Chapter 2The intrinsic links between economics and human rights has led some scholars and practitioners to affirm that if strategies of economic development and policies to implement human rights are united, they will reinforce one another and improve the human condition.
This book draws on the papers presented at the Nobel Symposium on The Right to Development and Human Rights in Development. Opening with an essay by Nobel Laureate Amartya Sen, the book contains chapters by experts in the fields of philosophy, economics, international law, and international relations on the conceptual underpinnings of development as a human right, the national dimensions of this right, and the role of international institutions. The contributors explore the meaning and practical implications of human rights-based approaches to economic development and ask what this relationship may add to our understanding and thinking about human and global development.
Owning and Managing Forests is both an accessible overview of the privileges, rights, and obligations that accompany forest ownership and a guidebook to help active forest owners and managers use laws to their advantage and avoid the pitfalls of expensive and exhausting litigation. The book is a revised, expanded, and updated edition of Legal Aspects of Owning and Managing Woodlands, published in 1998 by Island Press and named Best Forestry Book of the Year by the National Woodland Owners Association.
This edition provides current information on recent changes in property, environmental, and tax laws, while also discussing new directions in forest management. It offers expanded treatment of topics including private property, searching property records, easements, estate planning, timber sale contracts, working with forestry professionals, and how to pass woodlands intact to future generations. The book also describes the many different facets of trusts, changes in forestland taxation methods, and new licensing and certification options. Included, too, is a section on avoiding disputes and how to use alternative dispute resolution methods to avoid costly, troubling, and time-consuming court battles.
Owning and Managing Forests provides clear and concise descriptions of often confusing concepts and difficult subjects, and addresses issues in a competent yet conversational tone. Anyone involved with owning or managing forestland will find the book an essential guide and reference.
With an Expanded Appendix on the Current Legal Status of Surrogacy Arrangements
A practice known since Biblical times, surrogate motherhood has only recently leaped to prominence as a way of providing babies for childless couples—and leaped to notoriety through the dramatic case of Baby M. Contract surrogacy is officially little more than ten years old, but by 1986 five hundred babies had been born to mothers who gave them up to sperm donor fathers for a fee, and the practice is growing rapidly. Martha Field examines the myriad legal complexities that today enmesh surrogate motherhood, and also looks beyond existing legal rules to ask what society wants from surrogacy.
A man’s desire to be a “biological” parent even when his wife is infertile—the father’s wife usually adopts the child—has led to this new kind of family, and modern technology could further extend surrogacy’s appeal by making gestational surrogates available to couples who provide both egg and sperm. But is surrogacy a form of babyselling? Is the practice a private matter covered by contract law, or does adoption law govern? Is it good or bad social and public policy to leave surrogacy unregulated? Should the law allow, encourage, discourage, or prohibit surrogate motherhood? Ultimately the answers will depend on what the American public wants.
In the difficult process of sorting out such vexing questions, Martha Field has written a landmark book. Showing that the problem is rather too much applicable law than too little, she discusses contract law and constitutional law, custody and adoption law, and the rights of biological fathers as well as the laws governing sperm donation. Competing values are involved all along the legal and social spectrum. Field suggests that a federal prohibition would be most effective if banning surrogacy is the aim, but federal prohibition might not be chosen for a variety of reasons: a preference for regulating surrogacy instead of driving it underground; a preference for allowing regulation and variation by state; or a respect for the interests of people who want to enter surrogacy arrangements. Since the law can support a wide variety of positions, Field offers one that seems best to reconcile the competing values at stake. Whether or not paid surrogacy is made illegal, she suggests that a surrogate mother retain the option of abiding by or canceling the contract up to the time she freely gives the child to the adopting couple. And if she cancels the contract, she should be entitled to custody without having to prove in court that she would be a better parent than the father.
This study is not written from the narrow perspective of “Who gets the oil?” It is a thoughtful probing of an issue—the ownership and control of the submerged soils of the marginal sea—the outcome of which may go far to determine the division of powers between states and nation under the American federal system.
American constitutional law, international law, theory of federalism, American politics, the machinations of pressure groups, use of propaganda techniques, and issues of social and economic policy—all these features of American government and many more are inherent in the controversy.
In 1947, in a precedent-making decision, the Supreme Court enunciated the principle that the federal government, not the states, has “paramount rights in and power over” the marginal seas which border the coastal states, and has “full dominion over the resources under that water area, including oil.”
For more than 150 years the littoral states had exercised uncontested jurisdiction and ownership over the marginal-sea area, subject only to the powers specifically granted to the national government by the Constitution. The states had regulated the fisheries within the three-mile limit, applying state laws to vessels licensed under federal statutes. Long before oil possibilities were thought of, they had granted or leased areas in the marginal seas to private persons and corporations for purposes of land reclamation and harbor development, dredging for sand and gravel, development of oyster beds, and similar projects. These property rights can far exceed in value the wealth to be derived from petroleum.
A just settlement of the issue, says the author, calls for restoration to the states of control of the marginal sea out to their historical boundaries—three miles in most cases; three leagues, or ten and one-half miles, in the case of Texas and the west coast of Florida.
This study is based upon thorough investigation of all literature on the subject and personal interviews and correspondence with leaders on both sides of the controversy.
In this new edition of Janet Lewis’s classic short novel, The Wife of Martin Guerre, Swallow Press executive editor Kevin Haworth writes that Lewis’s story is “a short novel of astonishing depth and resonance, a sharply drawn historical tale that asks contemporary questions about identity and belonging, about men and women, and about an individual’s capacity to act within an inflexible system.” Originally published in 1941, The Wife of Martin Guerre has earned the respect and admiration of critics and readers for over sixty years.
Based on a notorious trial in sixteenth-century France, this story of Bertrande de Rols is the first of three novels making up Lewis’s Cases of Circumstantial Evidence suite (the other two are The Trial of Sören Qvist and The Ghost of Monsieur Scarron).
Swallow Press is delighted and honored to offer readers beautiful new editions of all three Cases of Circumstantial Evidence novels, each featuring a new introduction by Kevin Haworth.
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