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Based on 300 hours of interviews with coaches, athletic directors, student-athletes, and NCAA officials, Undue Process examines the NCAA's system of "justice" -- the organization's history and its growth in power over the years, the lack of due process for its accused, its guilty-until-proven-innocent attitude, and its 100 percent conviction rate.
Why do autocrats hold political trials when outcomes are presumed known from the start? Undue Process examines how autocrats weaponize the judiciary to stay in control. Contrary to conventional wisdom that courts constrain arbitrary power, Shen-Bayh argues that judicial processes can instead be used to legitimize dictatorship and dissuade dissent when power is contested. Focusing on sub-Saharan Africa since independence, Shen-Bayh draws on fine-grained archival data on regime threats and state repression to explain why political trials are often political purges in disguise, providing legal cover for the persecution of regime rivals. This compelling analysis reveals how courts can be used to repress political challengers, institutionalize punishment, and undermine the rule of law. Engaging and illuminating, Undue Process provides new theoretical insights into autocratic judiciaries and will interest political scientists and scholars studying authoritarian regimes, African politics, and political control.
At the age of 76, Seward Johnson, the Johnson & Johnson magnate, married Barbara Piasecka, a recent Polish immigrant 42 years his junior. When he died 12 years later, she inherited his $400 million fortune after a protracted. . . legal battle with her six stepchildren. This book tells the story of the contesting of that will."
"This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--
Undue Influence author Ron Arnold--America's premiere investigative critic of organized environmentalism--follows the money and takes you with him. In this astonishing book he explains how the environmental movement is not just the green groups we are accustomed to thinking of, but is instead an extraordinarily incestuous "iron triangle" of: wealthy foundations; grant-driven green groups, and; zealous bureaucrats; that control your future--without your knowledge or permission. Big foundations and big government give billions in grants to elitist green groups whose every effort hurts your economic future. Book jacket.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This story is less than a "who done it" and more of "why did he do it" and "where did he get it." Why would an 83-year-old Catholic bookkeeper leave a fortune to a Jewish Synagogue? Where did he get the millions he left? Where is his family? This book shows that the drama of a civil lawsuit is every bit as dramatic as any criminal trial, and that people will fight for money every bit as hard as they will fight for freedom or for their lives.
The author recounts how he and his family survived an investigation by the Independent Counsel, Lawrence Walsh.
A critical look at over 80 years of conflict, collusion, and corruption between financiers and politicians Undue Influence paints a vivid portrait of the dealings between "the few", in this case members of Congress, the banking community, and the Fed, and sheds light on how radical new deregulatory measures could be introduced by unelected officials and then foisted upon Congress in the name of progress. In the process, the background of the new financial elite is examined-because they are markedly different than their predecessors of the 1920s and 1930s. Undue Influence also brings readers up to speed on other important issues, including how the financial elite has been able to perpetuate itself, how the markets lend themselves to these special interest groups, and how it is possible that after 80 years of financial regulation and regulatory bodies the same problems of financial malfeasance and fraud still plague the markets. Charles R. Geisst (Oradell, NJ) is the author of 15 books, including Wheels of Fortune (0-471-47973-X), Deals of the Century (0-471-26397-4) and the bestsellers Wall Street: A History and 100 Years of Wall Street. Geisst has taught both political science and finance, worked in banking and finance on Wall Street and in London, as well as consulted. His articles have been published in the International Herald Tribune, Neue Zurcher Zeitung, Newsday, Wall Street Journal, and Euromoney.
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.