Since becoming editor in chief of Black's Law Dictionary in the mid-1990s, I've tried with each successive edition-the seventh, the eighth, and now the ninth-to make the book at once both more scholarly and more practical. Anyone who cares to put this book alongside the sixth or earlier editions will discover that the book has been almost entirely rewritten, with an increase in precision and clarity. It's true that I've cut some definitions that appeared in the sixth and earlier editions. On a representative sample of two consecutive pages of the sixth can be found botulism, bouche (mouth), bough ofa tree, bought (meaning "purchased"), bouncer (referring to a nightclub employee), bourg (a village), boulevard, bourgeois, brabant (an obscure kind ofancient coin also called a crocard), brabanter (a mercenary soldier in the Middle Ages), and brachium maris (an arm of the sea). These can hardly be counted as legal terms worthy of inclusion in a true law dictionary, and Black's had been properly criticized for including headwords such as these." Meanwhile, though, within the same span of terms, I've added entries for three types of boundaries (agreed boundary, land boundary, lost boundary), as well as for bounty hunter, bounty land, bounty-land warrant, boutique (a specialized law firm), box day (a day historically set aside for filing papers in Scotland's Court of Session), box-top license (also known as a shrink-wrap license), Boykin Act (an intellectual-property statute enacted after World War II), Boyle defense (also known as the government-contractor defense), bracket system (the tax term), Bracton (the title of one of the earliest, most important English lawbooks), and Brady Act (the federal law for background checks on handgun-purchasers). And all the other entries have been wholly revised-shortened here and amplified there to bring the book into better proportion. Hence, in one brief span of entries, the sixth and the ninth editions appear to be entirely different books. That's true throughout the work. But it's not as if I've revised the book with any hostility toward historical material. In fact, I've added hundreds of Roman-law terms that had been omitted from earlier editions and retranslated all the others on grounds that current users ofthe dictionary might need to look up the meanings ofthese historical terms. But whatever appears here, in my view, should be plausibly a law-related term-and closely related to the law. Users ought to be reminded once again about the handy collection oflegal maxims in Appendix B. It is, I believe, the most comprehensive and accurate set of translated maxims to be found anywhere in print-thanks to the erudite revisions of two civillaw experts of the first rank: Professor Tony Honore of Oxford and Professor David Walker of Glasgow. A lexicographer must do what is practicable to improve each new edition ofa dictionary. One of the notable features ofthis new edition is the dating of the most common terms-that is, the parenthetical inclusion of a date to show the term's earliest known use in the English language. For researching these dates, I'm grateful to the distinguished and industrious lexicographer at the Yale Law Library, Fred R. Shapiro. "See David Mellinkoff, The Myth ofPrecision and the Law Dictionary, 31 U.C.L.A. L. Rev. 423, 440 (1983). As a lexicographer, I've learned a great deal from my friends and mentors in the field-especially the late Robert W. Burchfield, editor ofthe Oxford English Dictionary Supplement during the latter halfofthe 20th century. Like his 19th-century precursors at the Oxford English Dictionary, Burchfield had a battalion oflexicographic volunteers from around the globe to help him in his momentous work. I have tried to do the same. Because I genuinely believe in a community ofscholars- a community oflearned people who understand the cultural and historical importance ofhaving a first-rate dictionary, and are willing to playa role in producing it-I have called on volunteers to help in the production ofthis vast and complex dictionary. It has been rewarding to have so many lawyers, judges, and scholars answer the call. Take a moment, if you will, and scan the masthead on pages vi-ix. Consider that each of these contributors personally edited 30 to 50 pages ofsingle-spaced manuscript-some more than that. They suggested improved wordings and solved editorial difficulties they encountered. Consider the geographical variety of the panelists, and ponder the years of specialist knowledge they brought to their work. Look at the panel of academic contributors and notice that they are distinguished scholars ofthe highest order, many ofthem household names among lawyers. They exerted themselves not just for the betterment of this book, but for the betterment ofthe law as a whole. For this is the law dictionary that the profession has relied on for over a century. Everyone who cares about the law owes our contributors a debt ofthanks. Bryan A. Garner LawProse, Inc. Dallas, Texas April 2009
The New England Law Review now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This first issue of Volume 48, Fall 2013, was published in 2014 and contains articles and presentations from leading figures of the academy, the judiciary, and the legal community. Contents of this issue include: • Commencement Address at New England Law: Boston, May 24, 2013, by U.S. Attorney Carmen M. Ortiz Articles: • Creamskimming and Competition, by Jim Chen • "Give Me That Old Time Religion": The Persistence of the Webster Reasonable Doubt Instruction and the Need to Abandon It, by Hon. Richard E. Welch, III • Standing Up to Clapper: How to Increase Transparency and Oversight of FISA Surveillance, by Alan Butler Notes: • Avoiding Unintended House Boats: Towards Sensible Coastal Land Use Policy in Massachusetts, by Keith Richard • The Moral Judiciary: Restoring Morality as a Basis of Judicial Decision-Making, by Erik Hagen • Tales of the Dead: Why Autopsy Reports Should Be Classified as Testimonial Statements Under the Confrontation Clause, by Andrew Higley Comments: • Putting Beer Goggles on the Jury: Rape, Intoxication, and the Reasonable Man in Commonwealth v. Mountry, by Annalise H. Scobey • A Government of the People, by the People, for Whom? How In re Enforcement of a Subpoena Ensures that the Judiciary Is Unaccountable, by Lindsay Bohan
In addition to covering the basics of collecting, preserving and presenting evidence, Criminal Evidence, 12th edition, presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, a glossary, and new, up-to-date cases in Part II. Thoroughly revised, updated, and streamlined to include recent case law on evidence Each chapter includes outlines, key terms and concepts, and review questions to aid understanding Appendices include a helpful glossary; Federal Rules of Evidence as amended and effective through December 1, 2013; Table of Jurisdictions That Have Adopted Some System of Uniform Rules for Regulating the Admission and Exclusion of Evidence through 2014; and Table of Contents of the Uniform Rules of Evidence with 2005 Amendments
When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.
Developed from the author's highly respected Legal Research and Writing for Paralegals, Legal Research Explained, Second Edition, offers accessible, complete, up-to-date coverage designed specifically for Legal Research courses. Deborah E. Bouchoux's popular building-block approach ensures that all students can master the essential skills of legal research. Legal Research Explained, Second Edition, Features: -A methodical approach that mirrors the process of legal research in practice -A transparent five-part organization 1. Conducting legal research using primary authorities 2. Conducting legal research using secondary authorities and other research aids 3. Computer-assisted legal research and the Internet 4. Legal citation form and validating authorities 5. Putting it all together: an overview of the legal research process -Rich and dynamic pedagogy in each chapter that includes Examples that illustrate citation form, showing both ALWD and Bluebook formats Research and review questions Internet research exercises that promote quick online research proficiency Practice Tipsùtimely and practical suggestions for workplace success Ethics Alerts Help Notes that provide at least one key reference source for the material covered Sample pages that illustrate various features of legal research authorities New standard research assignments in which students use conventional print volumes from the law library New Internet assignments in which students access websites commonly used in practice -Current topical coverage that includes How to use and cite unpublished opinions Discussion of the dangers of metadata embedded in forms How to use the new "Easy Search" feature of Lexis/Nexis Legal databases available for "apps" on iPhones and similar devices Discussion of the newly launched Google Scholar, a free research tool for finding case law. Up-to-date information on the online Bluebook Comparing and contrasting cases using Shepard's on LexisNexis and KeyCite on Westlaw
The nexus between the digital revolution and adolescent sexual behavior has posed significant challenges to mental health practitioners, attorneys, and educators. These digital technologies may facilitate dangerous behaviors and serious consequences for some youth. Adolescent Sexual Development in the Digital Age considers adolescent sexual behavior in both clinical and legal contexts and provides a basis for clinicians, legal professionals, educators, policy makers, parents and the general public to understand the impact that technology has on human growth and development. The book's contributing authors are leading authorities in adolescent development, law, and ethics, fostering an interdisciplinary dialogue within the text. New technology poses many opportunities for both normal and risky sexual behavior in youth; including "sexting," social networking, cyber-sexual harassment, commercial exploitation of children, and child pornography. Beyond just cataloging the various technologies impacting sexual behavior, this volume offers guidance and strategies for addressing the issues created by the digital age.
The Special Court for Sierra Leone (SCSL) is the third modern international criminal tribunal supported by the United Nations and the first to be situated where the crimes were committed. This timely, important and comprehensive book is the first to critically assess the impact and legacy of the SCSL for Africa and international criminal law. Contributors include leading scholars and respected practitioners with inside knowledge of the tribunal, who analyze cutting-edge and controversial issues with significant implications for international criminal law and transitional justice. These include joint criminal enterprise; forced marriage; enlisting and using child soldiers; attacks against United Nations peacekeepers; the tension between truth commissions and criminal trials in the first country to simultaneously have the two; and the questions of whether it is permissible under international law for states to unilaterally confer blanket amnesties to local perpetrators of universally condemned international crimes.