Legal Practice

CONSTITUTIONAL PERSONAE

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Since America’s founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae?choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works. Author: Cass R Susstein ISBN:9780190222673

KES 4,200

Crimes Against Humanity: Beginners Guide

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Murder, extermination, enslavement, ethnic cleansing, rape, and torture: when carried out in a widespread or systematic way, these constitute ‘crimes against humanity’. And the international community still has a long way to go to eradicate them. In examples ranging from the genocide in Darfur and Rwanda, to the sex trade of Eastern Europe, to the use of torture on detainees, Jones recounts touching real-life stories from victims and survivors of crimes against humanity worldwide. This guide outlines the history and current extent of key crimes against humanity, investigates the current stumbling blocks which prevent full compliance with international law, and highlights many of the success stories. Adam Jones is Associate Professor at the University of British Columbia, Canada. He is executive director of Gendercide Watch and is Head of ‘Genocide’ the lead international journal on the subject. Author: Adam Jones ISBN:9781851686018

KES 1,450

DIVERGENT PATHS:THE ACADEMY & THE JUDICIARY

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Judges and legal scholars talk past one another, if they have any conversation at all. Academics couch their criticisms of judicial decisions in theoretical terms, which leads many judges–at the risk of intellectual stagnation–to dismiss most academic discourse as opaque and divorced from reality. In Divergent Paths, Richard Posner turns his attention to this widening gap within the legal profession, reflecting on its causes and consequences and asking what can be done to close or at least narrow it. The shortcomings of academic legal analysis are real, but they cannot disguise the fact that the modern judiciary has several serious deficiencies that academic research and teaching could help to solve or alleviate. In U.S. federal courts, which is the focus of Posner’s analysis of the judicial path, judges confront ever more difficult cases, many involving complex and arcane scientific and technological distinctions, yet continue to be wedded to legal traditions sometimes centuries old. Posner asks how legal education can be made less theory-driven and more compatible with the present and future demands of judging and lawyering. Law schools, he points out, have great potential to promote much-needed improvements in the judiciary, but doing so will require significant changes in curriculum, hiring policy, and methods of educating future judges. If law schools start to focus more on practical problems facing the American legal system rather than on debating its theoretical failures, the gulf separating the academy and the judiciary will narrow. Author: Richard Posner ISBN:9780674286030

KES 3,500

Judging Statutes

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Over the last twenty-five years, there has been a spirited debate in the courts, Congress, and in the academy about how to interpret federal statutes, the laws of Congress. Federal judges spend a considerable amount of time trying to understand Congress’s meaning. Just as Congress produces laws, so courts are called on to interpret them. When the language of the statute is unambiguous, then, the job of the judge is generally straightforward. But when-as often happens-the statute is ambiguous, the interpretative task is not obvious. How a judge interprets statutes – sticking only to the text when the language is ambiguous, or going beyond the text to legislative materials – is of fundamental importance. For the methodology of interpretation can affect the outcome and thus whether the law has been construed consistently with Congress’s meaning. Justice Scalia has fueled the debate, arguing that courts should look to the text of the statute and to virtually nothing else. In Judging Statutes, Chief Judge Robert A. Katzmann of the U.S Court of Appeals for the Second Circuit, respectfully disagrees. Drawing upon his interdisciplinary background in law and political science, he argues that our constitutional system charges Congress with enacting laws; so, how Congress makes its purposes known, through text and reliable accompanying materials should be respected. Judge Katzmann contends that there has been scant consideration given to what is critical as courts interpret statutes – an appreciation of how Congress actually functions and signals its meaning, and what Congress expects of those interpreting its laws. Judging Statutes explores how Congress works; how agencies construe legislation; and examines two interpretative approaches, purposivsm and textualism. The author discusses cases in which he was the writing judge and which the Supreme Court reviewed, and concludes with some suggestions to promote understanding between courts and Congress. Author: Roberts A Katzmann ISBN:9780199362134

KES 4,500

Justice: Beginners Guides

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What is justice? How is it enforced? Does it mean everyone should be treated the same, even when it comes to things like taxes or access to welfare? These sorts of questions have exercised the minds of thinkers since Plato and Aristotle. In this engaging and highly topical introduction, Professor Raymond Wacks breaks down the leading theories of justice and illustrates how present-day challenges, like terrorism and migration, affect our fundamental notions of fairness and democratic freedoms. Author: Raymond Wacks ISBN:9781786070456

KES 1,450

Law of Contract

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If you’re feeling overwhelmed by a sea of revision, let OUP’s Questions and Answers series keep you afloat! Written by experienced examiners, the Q&As offer expert advice on what to expect from your exam, how best to prepare, and guidance on what examiners are really looking for. Revision isn’t always plain sailing, but the Q&As will allow you to approach your exams with confidence. Q&As will help you succeed by: – identifying typical law exam questions – giving you model answers for up to 50 essay and problem-based questions – demonstrating how to structure a good answer – helping you to avoid common mistakes – advising you on how to make your answer stand out from the crowd – teaching you how to use your existing knowledge to convey exactly what the examiner is looking for – directing you to related further reading Author: Adrian Chandler ISBN:9780198715788

KES 1,950

Lawyer’s Life, A

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The most famous lawyer in America talks about the law, his life, and how he has won. Johnnie Cochran has been a lawyer for almost forty years. In that time, he has taken on dozens of groundbreaking cases and emerged as a pivotal figure in race relations in America. Cochran gained international recognition as one of America’s best – and most controversial lawyers – for leading ‘the Dream Team’ defense of accused killer O.J. Simpson in the Trial of the Century. Many people formed their perception of Cochran based on his work in that trial. But long before the Simpson trial and since then Johnnie Cochran has been a leader in the fight for justice for all Americans. This is his story. Cochran emerged from the trial as one of the nation’s leading African-American spokespersons – and he has done most of his talking through the courtroom. Abner Louima. Amadou Diallo. The racially-profiled New Jersey Turnpike Four. Sean “P. Diddy” Combs. Patrick Dorismond. Cynthia Wiggins. These are the names that have dominated legal headlines – and Cochran was involved with each of them. No one who first encountered him during the Simpson trial can appreciate his impact on our world until they’ve read his whole story. Drawing on Cochran’s most intriguing and difficult cases, A Lawyer’s Life shows how he’s fought his critics, won for his clients, and affected real change within the system. This is an intimate and compelling memoir of one lawyer’s attempt to make us all truly equal in the eyes of the law. Author: Johnnie Cochran ISBN:9780312319670

KES 2,000

Making Your Case: The Art of Persuading Judges

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In their professional lives, courtroom lawyers must do these two things: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day – Justice Antonin Scalia and Bryan A. Garner – systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, expecially what to include and what to omit, so that you cn induce the judge to focus closely on your arguments. Finally they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. Author: Antonin Scalia, Bryan A Garner ISBN:9780314184719

KES 5,000

Medical Law and Ethics

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Medical Law and Ethics provides coverage of the major topics of medical law and ethics, combining detailed legal exposition and analysis with moral theory and philosophy. This book considers the wider contextual pressures facing the law such as the impact of market forces and patient consumerism, political interests, medical and professional interests, changing perceptions of medicine, developing technologies, and limited resources. Author: Shaun D Pattinson ISBN:9780414031708

KES 6,590

Modern Law Of Trusts, The

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This classic text sets out the underlying principles which govern this area of law and explores in a very practical fashion the administration of trusts. A. J. Oakley draws on a wealth of experience in both teaching and practice to provide the reader with a thoroughly updated and accessible guide to the law and the overall function of trusts. This new and updated edition incorporating recent case law and major legislative changes will be welcomed by teachers and students at undergraduate level, vocational students and practitioners. Author: A. J. Oakley ISBN:9780421945906

KES 6,400

NINE,THE:INSIDE THE SECRET WORLD OF THE SUPREME COURT

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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important and secret legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today. Author: Jeffrey Toobin ISBN:9781400096794

KES 2,000

Reading Law: The Interpretation Of Legal Texts

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Author: Antonin Scalia, Bryan A Garner ISBN:9780314275554

KES 8,350

Rough Justice

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Criminal lawyer Marta Richter is hours away from winning an acquittal for her client, millionaire businessman Elliot Steere, on trial for the murder of a homeless man who had tried to carjack him. But as the jury begins deliberations, Marta discovers the chilling truth about her client’s innocence. Taking justice into her own hands, she furiously sets out to prove the truth, with the help of two young associates. In an excruciating game of beat-the-clock with both the jury and the worst blizzard to hit Philadelphia in decades, Marta will learn that the search for justice isn’t only rough—it can also be deadly. Author: Lisa Scottoline ISBN:9780007305223

KES 890

Scalia: A Court Of One

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“[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. Author: Bruce Allen Murphy ISBN:9780743296502

KES 3,500

Scalia’s Court

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The sudden passing of Justice Antonin Scalia shook America. After almost thirty years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds. Now, as Republicans and Democrats wage war over Scalia’s lamentably empty Supreme Court seat, Kevin Ring, former counsel to the U.S. Senate’s Constitution Subcommittee, has taken a close look at the cases that best illustrate Scalia’s character, philosophy, and legacy. In Scalia’s Court: A Legacy of Landmark Opinions and Dissents, Ring collects Scalia’s most memorable opinions on free speech, separation of powers, race, religious freedom, the rights of the accused, abortion, and more; and intersperses Scalia’s own words with an analysis of his legal reasoning and his lasting impact on American jurisprudence. “I don’t worry about my legacy,” Scalia once told an audience at the National Archives. “Just do your job right, and who cares?” Now that “the lion of American law has left the stage,” as the U.S. Attorney General put it, it is for the rest of America to worry about his legacy–and to care. Author: Kevin A Ring ISBN:9781621575221

KES 5,900

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