Bøger af Gary Lawson

How do you prove the law? In American jurisprudence, the question has an odd, somewhat discordant sound. With respect to the proof of facts, there is an elaborate body of doctrine, with an equally elaborate body of accompanying scholarly commentary, describing the process for establishing the acceptability of propositions in adjudication. By contrast, there are no explicit rules of evidence for proving claims about the law. Nor does the law directly speak of the admissibility or significance of various considerations for proving legal claims. Nor does the law ordinarily discuss standards of proof for questions of law. Nor does the law openly consider the assignment of burdens of proof for questions of law. The entire language of evidentiary proof, so elaborately constructed for questions of fact, is largely absent from the American legal system with respect to questions of law. This work makes an articulate case for the importance examining law just as we do facts. It explores range of important issues about evidence, presumptions, and burdens of proof and demonstrates their relevance to questions of law just as they are to questions of fact. As lawyers and judges and legal subjects confront uncertainty about what the law is, they can and should, Lawson argues, be guided by the same kinds of considerations and structures and doctrines long used to make determinations about uncertain questions of fact.

Like other books in the Core Clinical Concepts in Audiology Series, Speech Audiometry will be particularly helpful and appealing to students and clinicians. The intent is to provide a single, easy to manage volume that provides broad coverage of speech audiometry and masking in clinical protocols. In addition to providing appropriate background information, the coverage is easy to read and presents a broad spectrum of assessment tools ranging from traditional to modern. Procedures in this book will assist clinicians in determining differential diagnosis, assessing auditory processing ability, identifying pseudohypacusis, determining cochlear implant candidacy, predicting hearing aid benefit, and counseling.

The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.