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Torts-General Edition - Detailed study of all the court recognized injuries one can sue for. Torts-Case Book - Landmark cases in Tort Law. Civil Procedure - The how, what, when and why of proceeding with a case. Constitutional LawLeading cases detail your rights. Evidence What is evidence and what is not. No evidence no case. Contract Law - Everything you want to know about contracts. Criminal Law - What is a Crime, what are the proofs, what are lawful defenses and all! Property Law - Law of property. Foundation Press Law Books Used in Law Schools. Casebook Series (Law School Texts) and Legal References. Discovery and Pretrial Maneuvering. Trial. The Philosophy of Law - Inside the Practice of Law and Inside the Court Chambers. Who Really Run the Courts. What Court Clerks are Doing! Pro Se and General Topics. The Emanuel Law Student Series.
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Uncle Sam Is Watching You
How, then, should the tensions between privacy and security in the war on terrorism be resolved, and who is best situated to strike that balance - the courts, Congress, the executive branch, or the people?
Two books by prominent Washington law professors put forward different views about how best to answer these questions. "The Intruders", by the late former chief counsel to the Senateīs Watergate committee and Georgetown law professor Sam Dash, who died in May 2004, is a passionate short history of the Constitutionīs principal safeguard of privacy, the Fourth Amendment prohibition on unreasonable searches and seizures. His book presents a tale of two courtsthe Warren Court of the 1950s and 1960s, which aggressively expanded the protection of privacy, and todayīs Rehnquist Court, which has just as aggressively decimated those rights. Like the great lawyer he was, Dash uses his stories to argue persuasively for the resurrection of meaningful judicial safeguards.
"The Naked Crowd", by Jeffrey Rosen, a professor at George Washington University School of Law, considers the political, financial, and psychological factors that are likely to shape the law of privacy in the decades to come. Rosen spends less time on the law as such, and more on the social forces at play in the Internet age; our privacy, he argues, is threatened not only by government programs like TIA but by the publicīs low estimate of the value of privacy. Rosen is skeptical about the courtsī willingness to protect privacy, but guardedly optimistic about Congressīs ability to do so.
In his book, Dash reminds us that real safeguards against official intrusion into the lives and affairs of the people took centuries to develop. He notes, for example, that the Magna Carta did not bar the king from searching private homes whenever he wanted. And until 1961 the US Constitutionīs protections against unreasonable searches and seizures did not extend to state and local police, who carry out over 90 percent of law enforcement. In that year, the Supreme Court first applied the "exclusionary rule" to the states, meaning that evidence obtained in violation of the Fourth Amendment had to be excluded from the case against a defendant. Similarly, the Court did not give indigent defendants the right to appointed lawyers until 1963, and did not create Miranda rights in police interrogations until 1966.
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